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Rule? Policy change? Reference please!Girly wrote:the rule that "business travel doesn't count anymore for your 180 days out of the country" changed on the 5th.
Read Annex B -> 2.3.Girly wrote:All I have to go on is what the PEO caseworker who reviewed my application last week told me. I have a letter, just says my application is valid, but further enquiries are required. She said it was because the over 180 days exceptions previously accepted are no longer accepted andthat all such cases require senior manager review.
And what I am trying to tell you - again - is that it is not so. Such discretions have to be reviewed and approved by a senior caseworker ... this was true in the past as it is even today.Girly wrote:So my point is maybe the Annex said whatever it said before, the custom was for business travel to be exempt and that is no longer the case.
And if you read the very topic carefully, you'll note that it isn't any different from what I have stated.
An interesting question arises: can they actually refuse ILR based on the fact that person exceeded 180 days, even if the majority of time abroad was on business travel? Saying that business travel is no longer exempt (in which case ILR will not be granted as per rules) is different from saying that senior case workers must review the case. Which is it?Girly wrote:thanks - I read it carefully, and I'm simply saying even the caseworkers themselves said things have changed. I understand your point, it's just worth noting that strict interpretation is being applied - in case anyone is going thinking business travel will be waived.
the advice lines should be more careful about their wording then as well - they say very clearly business travel doesn't count towards your 180 days. the case worker said very clearly that was the case, even if I had gone on 1 Dec, but is no longer so.
ukswus wrote:An interesting question arises: can they actually refuse ILR based on the fact that person exceeded 180 days, even if the majority of time abroad was on business travel? Saying that business travel is no longer exempt (in which case ILR will not be granted as per rules) is different from saying that senior case workers must review the case. Which is it?Girly wrote:thanks - I read it carefully, and I'm simply saying even the caseworkers themselves said things have changed. I understand your point, it's just worth noting that strict interpretation is being applied - in case anyone is going thinking business travel will be waived.
the advice lines should be more careful about their wording then as well - they say very clearly business travel doesn't count towards your 180 days. the case worker said very clearly that was the case, even if I had gone on 1 Dec, but is no longer so.
Girly,Girly wrote:I applied to ILR on the 8th, and the rule that "business travel doesn't count anymore for your 180 days out of the country" changed on the 5th. so completely unfair, and it impacted a lot of people apparently, i'm sure many of whom reasonably made travel plans for Christmas having been told by the advice line and several other sources that business travel didn't count. nobody told me when i called last week before my appointment that it had changed, and now my documents are with Croydon and I travel for Christmas on the 21st. they said it will take a maximum of 2 to 3 weeks. anybody else had this happen to them?
1. should i ask for my documents back as i don't stand a chance of this getting sorted before I go?
2. i've complained - what is the likelihood of getting my £1350 back?
3. are they just calling my business references to find out why i had to travel (128 business travel days, 243 total days out of the UK since 2006)?
4. I was told I would be able to go to Croydon to pick up my documents if I decide to, but they didn't sound so certain of that - that the docs would be there in Croydon still. anybody know if that's true?
5. Is there a phone number directly for Croydon?
anybody have any encouraging words of wisdom and hope? i'm getting tired of getting &£%$O%* by the UKBA.
ukswus wrote:An interesting question arises: can they actually refuse ILR based on the fact that person exceeded 180 days, even if the majority of time abroad was on business travel? Saying that business travel is no longer exempt (in which case ILR will not be granted as per rules) is different from saying that senior case workers must review the case. Which is it?Girly wrote:thanks - I read it carefully, and I'm simply saying even the caseworkers themselves said things have changed. I understand your point, it's just worth noting that strict interpretation is being applied - in case anyone is going thinking business travel will be waived.
the advice lines should be more careful about their wording then as well - they say very clearly business travel doesn't count towards your 180 days. the case worker said very clearly that was the case, even if I had gone on 1 Dec, but is no longer so.
I don't see anything fair about it. There is nothing to suggest from page 45 of this document that trips consistent with annual paid leave and business trips should be counted towards 180 days:Girly wrote:ukswus wrote:An interesting question arises: can they actually refuse ILR based on the fact that person exceeded 180 days, even if the majority of time abroad was on business travel? Saying that business travel is no longer exempt (in which case ILR will not be granted as per rules) is different from saying that senior case workers must review the case. Which is it?Girly wrote:thanks - I read it carefully, and I'm simply saying even the caseworkers themselves said things have changed. I understand your point, it's just worth noting that strict interpretation is being applied - in case anyone is going thinking business travel will be waived.
the advice lines should be more careful about their wording then as well - they say very clearly business travel doesn't count towards your 180 days. the case worker said very clearly that was the case, even if I had gone on 1 Dec, but is no longer so.
i don't think it's an either/or - not saying the will or won't refuse it, they might refuse it and fair enough if they do.
You are forgetting one important thing. All they care about is "net immigration" statistic. With Tier 1 holders, they already stopped inflow, now is the time to work on the outflow. They prefer a sneaky way of doing it, rather than a head-on collision by stopping settlement applications altogether.Bobbylondon wrote:Girly,
I think, UKBA can not be so inconsistent, as it affects a large no. of applicants, who have been planning based on UKBA published guidance & experience of successfull people.
I think, UKBA will grant ILR.
ukswus wrote:You are forgetting one important thing. All they care about is "net immigration" statistic. With Tier 1 holders, they already stopped inflow, now is the time to work on the outflow. They prefer a sneaky way of doing it, rather than a head-on collision by stopping settlement applications altogether.Bobbylondon wrote:Girly,
I think, UKBA can not be so inconsistent, as it affects a large no. of applicants, who have been planning based on UKBA published guidance & experience of successfull people.
I think, UKBA will grant ILR.
If I hear enough refusal stories based on arbitrary interpretation of time spent outside of the UK, I will not enrich UKBA/immigration lawyers with my money any further. I just wish they were more straightforward about their plans, so that I do not waste my time and money in this country any longer.
It's so true, it has really become an industry in this country!ukswus wrote:If I hear enough refusal stories based on arbitrary interpretation of time spent outside of the UK, I will not enrich UKBA/immigration lawyers with my money any further. I just wish they were more straightforward about their plans, so that I do not waste my time and money in this country any longer.
GIRLY,Girly wrote:well the good news is that my application has been approved and I can go pick up my documents any time. Thank goodness!!!
I'm not sure even last week many lawyers would have known much about what was happening, unless they got a heads up. But yes, it seems you have to be really on the inside to have a chance of getting anywhere hassle free.
Thanks everyone for your comments and feedback, really appreciate all the help and support.