ILR Refusal - Leave to Remain Expired - Urgent Please Help

[ShwSha]

Hi,

I have received an ILR SET(O) refusal. However I have been given a right to appeal. The reason is my absences due to business trips are disregarded.

I am having sleepless night after receiving this bad news today evening.

My Tier1 leave to remain has also expired.

I made a postal application fearing the worst and its turnout to be a horror after UKBA took almost 5.5 months to deliver the bad news.

After this deadliest wait I have also lost the chance to apply for my extension in Tier 1 as UKBA made a decision after my LTR expired.

I would request members in the forum to share their thoughts as to what best can I do now for continuing my stay in the UK and how can I deal with UKBA ?

Sorry for bothering at this odd juncture.

Regards
Shweta Sharma

[vinny]

Appeal.
See also Chapter 6A - Settlement.

[newbie_t]

Hi,

I have received an ILR SET(O) refusal. However I have been given a right to appeal. The reason is my absences due to business trips are disregarded.

I am having sleepless night after receiving this bad news today evening.

My Tier1 leave to remain has also expired.

I made a postal application fearing the worst and its turnout to be a horror after UKBA took almost 5.5 months to deliver the bad news.

After this deadliest wait I have also lost the chance to apply for my extension in Tier 1 as UKBA made a decision after my LTR expired.

I would request members in the forum to share their thoughts as to what best can I do now for continuing my stay in the UK and how can I deal with UKBA ?

Sorry for bothering at this odd juncture.

Regards
Shweta Sharma

Sorry to hear about your case.

But why the business trips were disregarded?

You got a good chance of winning an appeal if all supporting documents were provided for the business trips and and your absence is within the limits for ILR.

All the best!!

Regards,
Jay

[mrite123]

First point of Contact....

Meet Any professional who are expert in Appeal case and explain every thing to them.....

I've seen this before and people get approval in appeal, So don't worry.

Gud luck
R

[fahadz1]

how many absences you had ? do any one more than 90 days in stretch ?

what documents you provided ?

they took 5.5 months to make decision ??? which category you applied ? you had 5.5 months remaining LTR when u applied ilr . after this time they have refused.

I have seen UKBA usually make decision after ones LTR have expired. I don't know why they do that. If they decide b4 LTR expire person can apply again or apply extension.

Please do let us know what docs you submitted to cover your absences and how many were they ?

[nnnj]

hi fahadz1.

My ILR was rejected, on 16 Jan.

I had 585 days away in a 10 yr period.

52 of 585 days were for business trips. I provided evidences (invitation letters, official websites showing my attendence). and also wrote clearly these reasons on the appliation form. these trips were part of my jobs

I also had other business trips as I didn't need visas, so I didn't ask for invitation letter, so I didn't claim

but they still count 52 days as absences.

what can we do?

[fahadz1]

hi fahadz1.

My ILR was rejected, on 16 Jan.

I had 585 days away in a 10 yr period.

52 of 585 days were for business trips. I provided evidences (invitation letters, official websites showing my attendence). and also wrote clearly these reasons on the appliation form. these trips were part of my jobs

I also had other business trips as I didn't need visas, so I didn't ask for invitation letter, so I didn't claim

but they still count 52 days as absences.


i dont understand ? on basis of 52 days your ILR was refused ??

what can we do?

[settled_now]

It lloks like 585 days are your ussue and not the 52 business days.

If the disregard the 52 days you're still way over.

[nnnj]

any comments/suggestions?

[nnnj]

not clear what you mean "ussue"

if these 52 days for business don't count as absences. I would have less than 540 days way., then should be OK

[quote="settled_now"]It lloks like 585 days are your ussue and not the 52 business days.

If the disregard the 52 days you're still way over.[/quote]

[tknayak]

I think we are discussing issue related to the original poster ShwSha.

Hi ShwSha, if you can elaborate on the absences then the senior members can advise you. Please let us know how many days you were absent and how many out of that are for business trip. Were you out of the country for more than 90 days at one time. Did you provide evidences for your business trips.

With regards to the case of nnnj, 540 days of absences or unpaid leave is not acceptable by the HO. As per the rule, you should not be out of the country for more than 180 days in last 5 years. But in majority of the cases, the caseworkers apply their discretion to waive of the absences due to business trips.

[nnnj]

Hi tknayak,

I applied for ILR -10 year residence. The refusal letter also says that total absences should be no more than 540 days.

thanks anyway

[tknayak]

Hi tknayak,

I applied for ILR -10 year residence. The refusal letter also says that total absences should be no more than 540 days.

thanks anyway

Oh sorry. I did not realise that you applied in the ten year long residency category. It was not implicit from your description.

[ShwSha]

Dear All,

Thanks for some suggestions and links in this post.

I had total absences of 305 days and had 140 days of business trips abroad. 1 single absence of 107 days.

Did submit docs of invitation letter, project details etc and also highlighted that was paid for in UK.

This has all gone in vain.

I think that the only way forward in this case looks like appealing against their decision unless there is any alternative way. I have discussed this with couple of solicitors.

I am not sure if anything can be done to this UKBA policy of sitting on ILR application for 5.5 month and exhausting the leave 2 remain of the applicant followed by rejection of ILR and denying any chance of extension. I am not sure if there has been any case in the Tribunal or High Court where UKBA delays the ILR decision until LTR has expired. Any reference to this could be of help

Thanks & Regards

[fahadz1]

[/quote] I am not sure if anything can be done to this UKBA policy of sitting on ILR application for 5.5 month and exhausting the leave 2 remain of the applicant followed by rejection of ILR and denying any chance of extension. I am not sure if there has been any case in the Tribunal or High Court where UKBA delays the ILR decision until LTR has expired. Any reference to this could be of help

Thanks & Regards[/quote]

thats i want to find out. They delibrately decide your case after your LTR have expired so that you can't extend or any thing... This thing you should highlight in your appeal to judge.

[ShwSha]

Hi,

I had been to the PEO before applying by POST. I was asked that my application was not straightforward and I need to apply by Post. No fee was taken and I was asked to provide all that I can do to justify my business absences.

I then submitted my business invitation letters from my co's client in Europe, my project work details, proof of my payment done in UK for the work done outside UK along with a letter as to why I had been on an abroad assignment.

I do not know what has gone wrong with all this.

Regards

[settled_now]

not clear what you mean "ussue"

The "u" is next to the "i" on a keyboard. It's called a typo - my native language is English ( Canadian ). Not so hard to figure that out.

UKBA dropped all reference to 540 days allowed for 10 year ILR in December 2009. The time out requirement is limited to "a reasonable amount of time".

540 is quite a bit when you consider 240 was dropped to 180 for 5 year ILR.

[vishal.jha]

Hi Shweta

Did you not follow up with the UKBA regularly on the status of your application?

[doubletrouble]

Is there one?

Hi Shweta

Did you not follow up with the UKBA regularly on the status of your application?

[chrams]

Hi,

I had been to the PEO before applying by POST. I was asked that my application was not straightforward and I need to apply by Post. No fee was taken and I was asked to provide all that I can do to justify my business absences.

I then submitted my business invitation letters from my co's client in Europe, my project work details, proof of my payment done in UK for the work done outside UK along with a letter as to why I had been on an abroad assignment.

I do not know what has gone wrong with all this.

Regards

Hi Swetha,
I am in the same boat, but my application is still under consideration, applied through a solicitor at Croydon PEO and it's been 15 days now.

See my every day updates here in this board.
http://www.immigrationboards.com/viewtopic.php?t=93027
I invested £4.5K for PEO fees and solicitor fees and am in very miserable situation now.
I had submitted my wife's medical condition papers to my solicitor yesterday and they posted these documents to Croydon PEO to expedite my application process.

I hope your appeal will be allowed and hope for the best.

Regards,
chrams