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ILR advice - visa expiring soon, exceeding absence criteria

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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the_ilr_boy
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Posts: 22
Joined: Mon Feb 13, 2012 6:54 pm

ILR advice - visa expiring soon, exceeding absence criteria

Post by the_ilr_boy » Tue Feb 14, 2012 7:13 pm

Hi all,

I am in the UK on an Ancestry Visa - valid until 08/03/2012 - I entered the UK 03/05/2007 - as I entered within 90 days, I can take advantage of the recent change of rules to include those days at the start so I am eligible to apply for ILR within 28 days of 08/03/2012 - ie. now!

I have an appointment booked at Birmingham (Solihull) for 05/03/2012 for a same day SET(O) application, however I have one item in my application that is of concern - my days out of the country, which total 195. I have not counted the days going out or coming back and none of my absences are related to work.

I have a copy of my initial work contract which specified a work schedule of five days on/five days off, so I think I can argue that I could spend more time out of the country and all of my absences have been while I have maintained employment.

My fallback is that if I happen to be denied, I can try and get an appointment at another PEO for FLR(BID) to extend my Ancestry or to post the application.

My concern is that over the phone, the UKBA advised they may not provide a decision on the day, but may wish to review my application after the PEO appointment. Has anyone heard of this happening where a same day PEO appointment did not result in a decision on the day? If this were to happen in my situation, then my visa will expire before I get it back and if it were then rejected, I would have to return to my original home country to apply for a new entry clearance and start my qualifying period again.

There must be other people who have encountered this situation coming up to the end of their visa when applying for ILR, but I don't know the best way to handle this. I could extend my visa first to eliminate this issue, but
that is a massive waste of money.

Does anybody have any information on similar situations they could inform me about?

Also, does anyone know if it is possible to have two UKBA appointments at once? As I mentioned above, I have one booked for SET(O) but if I try and book one for FLR(BID) also, it gives me an error which I think is because I already have an appointment (it doesn't say that is why, just an assumption). I could obviously register again with another email address to test this, but I have quite a unique name and don't want to risk getting my SET(O) appointment cancelled as there is not much chance I will get another before my visa expiry.

Any advice or thoughts would be greatly appreciated.




Thanks in advance!!

the_ilr_boy

luckyboy
Newly Registered
Posts: 25
Joined: Thu Jan 05, 2012 10:37 pm

Re: ILR advice - visa expiring soon, exceeding absence crite

Post by luckyboy » Tue Feb 14, 2012 11:19 pm

the_ilr_boy wrote:Hi all,

I am in the UK on an Ancestry Visa - valid until 08/03/2012 - I entered the UK 03/05/2007 - as I entered within 90 days, I can take advantage of the recent change of rules to include those days at the start so I am eligible to apply for ILR within 28 days of 08/03/2012 - ie. now!

I have an appointment booked at Birmingham (Solihull) for 05/03/2012 for a same day SET(O) application, however I have one item in my application that is of concern - my days out of the country, which total 195. I have not counted the days going out or coming back and none of my absences are related to work.

I have a copy of my initial work contract which specified a work schedule of five days on/five days off, so I think I can argue that I could spend more time out of the country and all of my absences have been while I have maintained employment.

My fallback is that if I happen to be denied, I can try and get an appointment at another PEO for FLR(BID) to extend my Ancestry or to post the application.

My concern is that over the phone, the UKBA advised they may not provide a decision on the day, but may wish to review my application after the PEO appointment. Has anyone heard of this happening where a same day PEO appointment did not result in a decision on the day? If this were to happen in my situation, then my visa will expire before I get it back and if it were then rejected, I would have to return to my original home country to apply for a new entry clearance and start my qualifying period again.

There must be other people who have encountered this situation coming up to the end of their visa when applying for ILR, but I don't know the best way to handle this. I could extend my visa first to eliminate this issue, but
that is a massive waste of money.

Does anybody have any information on similar situations they could inform me about?

Also, does anyone know if it is possible to have two UKBA appointments at once? As I mentioned above, I have one booked for SET(O) but if I try and book one for FLR(BID) also, it gives me an error which I think is because I already have an appointment (it doesn't say that is why, just an assumption). I could obviously register again with another email address to test this, but I have quite a unique name and don't want to risk getting my SET(O) appointment cancelled as there is not much chance I will get another before my visa expiry.

Any advice or thoughts would be greatly appreciated.




Thanks in advance!!

the_ilr_boy
hi the_ilr_boy

we are on the same boat, i am applying ilr in late March, my shift pattern is 7 days on and 7days off, I have total 193 days absence which include 43 days annual leave, the rest were traveled to EU when i was day off. Same employer in the last 5 years, my employer can provide a letter to confirm my annual leave. hope this work. please let me know when you have any update, and good luck to you.

JPUK
Newly Registered
Posts: 2
Joined: Sun Mar 25, 2012 2:51 pm

Post by JPUK » Sun Mar 25, 2012 3:09 pm

Hi Guys

Just wondering how you got on with your appointments / visa's? I'm in the same boat in being borderline on days out of the country and believe I'm only 50/50 chance of approval for ILR, though a risk I'm happy to take.

Should they wish to hold my documents for further review then my existing Tier 1 will expire, though being on the Tier 1 has further consequences in that it is no longer available to new applicants, meaning should mine expire I can't even head home and reapply.

If you have had any luck or good news since your posts i would love to hear.

Cheers

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