ukswus wrote: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.
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?
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. it's that for example on 1 Dec 2011, business travel "didn't count" towards the 180 days, but on 8 Dec 2011, any travel counted towards the 180 days
and now it
will go for senior manager review. on 1 Dec, it was clear from every resource that while the law was X, the policy/interpretation was Y and you would be OK. on 8 Dec, not so - decided to be strict with the policy that was always there.
my biggest problem is the disconnect between the advice the UKBA gives and what happens on the day - at least as of last week. It took until 12 Dec when a law firm finally said hey, as of last Thursday, apparently they look at things this way now so watch out. PS - I went last Thursday lol
The other problem I have is that I have to travel on the 21st. Had I known the interpretation had changed last week, I would have waited until January. Nobody knew, not even the advice line, as very clearly stated of my PEO caseworker. Anyway, the travel is the reason for my panic. It really stinks to pay another £1350 as I'm pretty sure I'll have to, but I want to be sure I get my stuff back in time.
Bobby, yes, Tier 1 General, no single absence more than 90 days. All very prim and proper, just had to travel for work as my work is for a global company.