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I have experienced that solicitors tend to scare applicants to the extent, applicants lose hope. This is also another link from another solicitor company. On this forum, we have seen, upto 800 days absences have been OK & people got ILR.ukswus wrote:This means that once a migrant worker is in a position to move forward with an application for indefinite leave to remain (i.e. settlement), and if the applicant has spent more than 180 days outside the UK during the five-year period preceding the filing of the application, regardless of whether this was for business or pleasure, the application will be referred to a senior caseworker for consideration on a discretionary basis and it could fall for refusal if the absences exceed 180 days.
http://www.kingsleynapley.co.uk/news/ne ... ember_2011
So, technically speaking, being away on work related travel and on paid holidays (for say, 40 days a year) may be considered equivalent to having a criminal record by UKBA caseworker (depending on his mood in a particular day?)zahid.ali.anwar wrote:Technically speaking, they have given you a limit of 180 days, and they can play around this...Once it comes to discreation, then case worker is at liberty to decide what he feels better. You cannot oppose the decision, unless you want to go for paying the appeal fees, as said by Jami.
But these two words will remain there in the rules. and can be exercised by the case worker or a senior case worker.Casa wrote:Apply by post, not in person. PEO staff don't have the authority to make a decision when an application may need further checks for absence.
Casa wrote:Apply by post, not in person. PEO staff don't have the authority to make a decision when an application may need further checks for absence.
Typical governmental behavior: not saying openly that the rules for obtaining ILR have been changed (and rather dramatically), but doing it in a sneaky way, likely to avoid court challenges. They disgust me.Girly wrote:Casa wrote:Apply by post, not in person. PEO staff don't have the authority to make a decision when an application may need further checks for absence.
this is 100% correct. I went last week, 8th Dec, to apply for ILR in person, and the PEO caseworker told me that as of Monday 5th Dec they can no longer decide on that day whether going over 180 days is OK if most of it was for business travel. They recognize it's totally unfair, but said that's just what we have to do now, just doing our jobs.
I went over, 243 days total, 128 of which were business travel. Nobody was told about this, not even on the advice line and not anywhere else other than the farce that is "may" and "discretion". As I said, they no longer have discretion. My application is sitting in Croydon now, awaiting a decision, and I have to leave for the US on the 21st. Absolutely zero sympathy for that, and the caseworkers were as distraught over the unfairness of it due to lack of notice and warning.
I find it incredibly suspicious actually - change the policy just before a bunch of people are probably travelling somewhere for Christmas and would have otherwise waited until the new year to apply had we known we would be shafted and had £1350 stolen from us.
but be warned, this is not scaremongering or anything else - it is fact. ANY travel over 180 days is up for review by a senior manager, whether you go in person or not. If you have any travel plans, I suggest you re-arrange for the new year as you will not get your ILR that day.
On this note: what if I have, say, 130 days of absences not counting the days of arrivals and departures, and 200 days with them? What's the policy on that?Casa wrote:Apply by post, not in person. PEO staff don't have the authority to make a decision when an application may need further checks for absence.
Hello, the same happened to my boyfriend today. Have you received your visa yet? Does anyone know how long it is taking? He had to leave his passport at the HO in Croydon but they don't say how long it will take and we have a trip booked.Girly wrote:Casa wrote:Apply by post, not in person. PEO staff don't have the authority to make a decision when an application may need further checks for absence.
this is 100% correct. I went last week, 8th Dec, to apply for ILR in person, and the PEO caseworker told me that as of Monday 5th Dec they can no longer decide on that day whether going over 180 days is OK if most of it was for business travel. They recognize it's totally unfair, but said that's just what we have to do now, just doing our jobs.
I went over, 243 days total, 128 of which were business travel. Nobody was told about this, not even on the advice line and not anywhere else other than the farce that is "may" and "discretion". As I said, they no longer have discretion. My application is sitting in Croydon now, awaiting a decision, and I have to leave for the US on the 21st. Absolutely zero sympathy for that, and the caseworkers were as distraught over the unfairness of it due to lack of notice and warning.
I find it incredibly suspicious actually - change the policy just before a bunch of people are probably travelling somewhere for Christmas and would have otherwise waited until the new year to apply had we known we would be shafted and had £1350 stolen from us.
but be warned, this is not scaremongering or anything else - it is fact. ANY travel over 180 days is up for review by a senior manager, whether you go in person or not. If you have any travel plans, I suggest you re-arrange for the new year as you will not get your ILR that day.
They know. Does it matter how?Ariadna wrote:People, can you please tell me, how do UKBA know how long i've spent outside the UK in the past 5 years? They don't stamp my passport when i leave the country, also not always do they ask how long i was away for. I can't tell from my passport either - as i need a visa to every single place in the world, i keep running out of pages and need a new passport every year. My Embassy has to withdraw my old passport by law so i can't keep them.
So how do I and UKBA know how many days i've spent outside the UK in the last 5 years???????
I really question whether they actually do know your past movements, on the basis of their current systems. I submitted a SAR asking this specific information, and all they could come up with was my very first entry card on the basis of my then visa. I had extensive travel after that and they found no record of it.Jambo wrote:
They know. Does it matter how?
Did they actually tell you they could not find any other record? or you assumed that because they did not provide it to you?jager wrote:I submitted a SAR asking this specific information, and all they could come up with was my very first entry card on the basis of my then visa. I had extensive travel after that and they found no record of it.
I think common case workers do not know more than you have in your SAR(if you asked them to send all information)..As your SAR is that what contains in their system about you.They are getting information about your absences from your passport. Sometimes they also have a few landing cards there.Also i think if you have lost your passport or something is suspicious they could send request to e-border or somewhere else to check your absence .jager wrote:I really question whether they actually do know your past movements, on the basis of their current systems. I submitted a SAR asking this specific information, and all they could come up with was my very first entry card on the basis of my then visa. I had extensive travel after that and they found no record of it.Jambo wrote:
They know. Does it matter how?
Is there any other authority that records it other than UKBA? If there's no evidence of stamps in your passport I really wonder how they could disprove the dates you give in an application (whether you want to give knowingly false info is another matter).