ILR application deferred due to long gap (116 days)

[Calos]

Hi, Santosh,

I am sorry to hear your case of ILR. I am in the same situation. I wonder how strong or how detail is your employer letter from your judgement? I wonder if there is any way we could give it through?

Thanks

[santoshganpath]

All,

Finally my wait is over. I have received my passports with ILR stamp in it.

[sunil.suneel]

see ukba's reply about >90 days trip

My email to UKBA:

I would like to ask a question for my SET(O) application.

I am currently on Tier1 ( HSMP before November7th 2006).I had a
108days leave at one stretch for a business trip, my employer is willing
to provide a letter to prove the long stay is absolute necessary and
unavoidable(to save company from losing orders). I believe this letter
is one of the important evidences to prove to Caseworker on my
application that this is a special circumstance that can be aggregated.

Through out studying the policy on UKBA website, I understood I also
need to prove my connection to the UK during my long absence. My
question is, what documents or statement case worker expect to see in
order to know my connection to the UK. Some say bills paid, some say
letters from partner, can you please give some examples of documents for this "connection to the UK"?

Regards

UKBA's reply:Thank you for your enquiry.

Please be advised that when assessing if an applicant has met the criteria for five years continuous residence in the UK, short absences abroad may be disregarded, provided the applicant has clearly continued to be based in the UK. For example:

* holidays (consistent with annual paid leave), or
* business trips (consistent with maintaining employment or
self-employment in the UK).

You will need to provide documentary evidence from your employer confirming the absence from the UK necessary due to business commitments and any business contracts. For the indefinite leave to remain application you do not have to show your connection to the UK.

I hope that this information will be of assistance to you.

Yours sincerely,

Well this is a little contradicting the usual belief that showing proofs of you being connected to UK is always supportive to ILR application. And have seen people submit proofs like rents, council tax, utility bills, etc etc to prove their intended main home is UK ...

Members ... please can you share your thoughts on this ?

[FunkMaster]

I don't think it's something you should be too worried about.

As it's over the 90 day threshold, I believe what they are going to be doing is contacting your employer directly to confirm this 116 days out of the country and for what reasons.

If it really was business, then you shouldn't need to worry, they are just doing their due diligence in following up on abnormal lengthy stays out of the UK.

[ranga_12345]

Hi Santosh,

Congratulations.

Could you please let me know if you had an option to extend tier 1 visa when your ILR was rejected(initially) or appeal was the only option?

[santoshganpath]

Hello ranga_12345

As my visa was already expired by the time the refusal was sent to me, I didn't had the option of extending the existing Tier-1 visa. Yes, appeal was the only option

Santosh

[fahadz1]

Hello ranga_12345

As my visa was already expired by the time the refusal was sent to me, I didn't had the option of extending the existing Tier-1 visa. Yes, appeal was the only option

Santosh

Hi Santosh , Congrats mate . I dont know your whole case. but was preparing my case as its complicated.

can you tell me your case like why it was refused ? what you recommend us to input for the positive out which think you lack in your case ?
how appeal process works can you describe please.
thank you

[santoshganpath]

Hello Fahad

All my papers were fine and nothing was lacking.

Basically, I had a work related absence of 116 days at one stretch. For this absence, I have provided them the absence period payslips (paid in UK) and UK bank statements and a letter from employer. The employer letter clearly indicated that I was on a work related absence and working for the same compay at their offshore site. Further it mentioned in the letter that I was required by my company to work at their offshore site for their business needs.

Inspite of submitting all the evidences and proving strong ties with UK during my absence period the case worker at croydon refused my ILR. Well it was not refused on the same day but I was sent refusal letter on 6th october 2011 with a right to appeal. I made ILR application on 7th September but no decision was made on the same day and I was sent back home saying that my application needs further checks and they will inform me of the outcome by post. I was sent refusal on 6th October.

As I said, right of appeal was given to me as my visa was expired by the time I received my refusal and subsequently I appealed. Luckily, I got a very near hearing date which was 10 Nov 2011 (Normally it will take 2-3 months for hearing from the date you have sent the appeal form). On the day of the appeal, as my application was strong, judge didn't spent much time but we had to wait for Home Office Presenting Officer (HOPO) to arrive, after about 30 mins waiting, the appeal hearing started without the HOPO's presence.

After reviewing the case, the immigration judge understood my position and enquired about my family. My wife and two kids were sitting outside in the visitors area and I brought them into the court room after taking permission from judge to go out and bring them in. The judge greeted them all and smiled to my kids. After this point there was silence in the court room for about 10 to 15 mins as the judge was going through my documents and Home Office documents. Finally after little more than one hour of my/our presence in the court room the immigration judge told me that he would send his decision by post as he need to go through the Home Office documents in detail.

Finally on 28 Nov 2011, I got my determination order (Judgement) in my favor. Home office contacted me on 14 Jan 2012 asking for my/our passports for ILR visa endorsement and finally visa was issued on 30 Jan 2012. Went to Croydon to collect my passports and ILR letters on 31 Jan 2012.

All this took a miserable wait of 5 months, every moment was tensed and uncertainity prevailed as we don't know what happens next.

I have come across some posts in this forum where people have got their ILR's even if they had 700 days or 900 days work related absences. I was going by them and even the Home Office website says that work related absence may be disregarded by a SEO or Level 7 (Grade &) officer of UKBA.

Now the debate is how the discretion is being applied, it is definitely not consistent across all the applicants and they say that it will be decided on a "case to case" basis. But as for the evidences I have supplied they were not less in any way. All the evidences that I supplied were original documents and even I have supplied an original employer's letter that clearly mentions that I was required by them to work offshore for their business interests. I had no criminal record, no driving offences, cleared off all my credit cards, no financial debts etc and I have a clean record in my home country (India) too. Inspite of all these, they simply refused which has caused so much stress for me and my family for these 5-months.

Anyway the bad phase has gone now and I got my ILR.

Hope this explanation helps. If you need anything, will be glad to help.

Regards...
Santosh

[fahadz1]

Hello Fahad

All my papers were fine and nothing was lacking.

Basically, I had a work related absence of 116 days at one stretch. For this absence, I have provided them the absence period payslips (paid in UK) and UK bank statements and a letter from employer. The employer letter clearly indicated that I was on a work related absence and working for the same compay at their offshore site. Further it mentioned in the letter that I was required by my company to work at their offshore site for their business needs.

Inspite of submitting all the evidences and proving strong ties with UK during my absence period the case worker at croydon refused my ILR. Well it was not refused on the same day but I was sent refusal letter on 6th october 2011 with a right to appeal. I made ILR application on 7th September but no decision was made on the same day and I was sent back home saying that my application needs further checks and they will inform me of the outcome by post. I was sent refusal on 6th October.

As I said, right of appeal was given to me as my visa was expired by the time I received my refusal and subsequently I appealed. Luckily, I got a very near hearing date which was 10 Nov 2011 (Normally it will take 2-3 months for hearing from the date you have sent the appeal form). On the day of the appeal, as my application was strong, judge didn't spent much time but we had to wait for Home Office Presenting Officer (HOPO) to arrive, after about 30 mins waiting, the appeal hearing started without the HOPO's presence.

After reviewing the case, the immigration judge understood my position and enquired about my family. My wife and two kids were sitting outside in the visitors area and I brought them into the court room after taking permission from judge to go out and bring them in. The judge greeted them all and smiled to my kids. After this point there was silence in the court room for about 10 to 15 mins as the judge was going through my documents and Home Office documents. Finally after little more than one hour of my/our presence in the court room the immigration judge told me that he would send his decision by post as he need to go through the Home Office documents in detail.

Finally on 28 Nov 2011, I got my determination order (Judgement) in my favor. Home office contacted me on 14 Jan 2012 asking for my/our passports for ILR visa endorsement and finally visa was issued on 30 Jan 2012. Went to Croydon to collect my passports and ILR letters on 31 Jan 2012.

All this took a miserable wait of 5 months, every moment was tensed and uncertainity prevailed as we don't know what happens next.

I have come across some posts in this forum where people have got their ILR's even if they had 700 days or 900 days work related absences. I was going by them and even the Home Office website says that work related absence may be disregarded by a SEO or Level 7 (Grade &) officer of UKBA.

Now the debate is how the discretion is being applied, it is definitely not consistent across all the applicants and they say that it will be decided on a "case to case" basis. But as for the evidences I have supplied they were not less in any way. All the evidences that I supplied were original documents and even I have supplied an original employer's letter that clearly mentions that I was required by them to work offshore for their business interests. I had no criminal record, no driving offences, cleared off all my credit cards, no financial debts etc and I have a clean record in my home country (India) too. Inspite of all these, they simply refused which has caused so much stress for me and my family for these 5-months.

Anyway the bad phase has gone now and I got my ILR.

Hope this explanation helps. If you need anything, will be glad to help.

Regards...
Santosh

thanks santosh for the brief reply. I can imagine how you been in 5 months time. well in this forum i didnt see any case was held like yours one.

i beleive it was case worker mistake etc. but you and family stressed out.
but i'm happy you got ILR.

i am worried i have long absence but i dont have money to survive if some thign goes wrong as i have wife as well and if ur ILR is refused u will loose job as well so i'm bit stressed even its 4 months away... i dont know what to do.. trying to meet solicitors n asking advices etc.