ILR PEO deferred Apps - Further checks/Additional docs cases

[jkdlondon]

update timeline
october 2011 -waiting ("Haizhou1218")???
14 march -waiting ("coolbawa")>90(129)
23 march - approved ("Salman80") >180 (271 personal)
11 apr - waiting ("ssc923") just IT???
16 apr - approved 15.11 ("Bash1oo") just IT??
18 apr - waiting ("smoothturbo") IT,court?
6 jun -waiting (shadisami9) ???
21 jun - refused ("Ryan2020") >90
29 jun - waiting (Roxy1983) ???
4 jul - waiting ("ramay" ) >90 (142)
16 jul - waiting ("jkdlondon") >90(123)
8 aug - waiting??? ("celinaaa") >90??
5 Sept - waiting ("notears")>90(91)
13 Sept?- waiting ("knowledge_seeker")=90
19 sept - approved 12 oct ("Shiftingsands")>90(97)
28 sept - approved 19.11("Ash147") self employment Cardiff PEO

[coolbawa]

update timeline
october 2011 -waiting ("Haizhou1218")???
14 march -waiting ("coolbawa")>90(129)
23 march - approved ("Salman80") >180 (271 personal)
11 apr - waiting ("ssc923") just IT???
16 apr - approved 15.11 ("Bash1oo") just IT??
18 apr - waiting ("smoothturbo") IT,court?
6 jun -waiting (shadisami9) ???
21 jun - refused ("Ryan2020") >90
29 jun - waiting (Roxy1983) ???
4 jul - waiting ("ramay" ) >90 (142)
16 jul - waiting ("jkdlondon") >90(123)
8 aug - waiting??? ("celinaaa") >90??
5 Sept - waiting ("notears")>90(91)
13 Sept?- waiting ("knowledge_seeker")=90
19 sept - approved 12 oct ("Shiftingsands")>90(97)
28 sept - approved 19.11("Ash147") self employment Cardiff PEO

Not sure why we have refused for Ryan2020 as last update from him was as below - quote="ryan2020"]

Hi folks,
Just a quick question.i can see that there is a great number of people on this forum who are negatively affected by the delay and hugely dissapointed by the service standards of the UKBA.we are moaning on this forum and sharing our negative experience which reminds me of the addicts anonymous groups which doesn't come up with any practical solution to the problem.

Has anyone thought of utilising this wasted energy in lobbying to bringing this to the media and/or human right organisations?

KR
Shadi

hi all... do write a letter to your case worker and this was advised by call center. i did the same and after 3 days i got good news.

so try this.

thxxx[/quote]

[coolbawa]

UKBA attacked over 'inaccurate' data given to MPs

"There were 150 boxes of unopened, recorded mail... in a room in Liverpool"

UK Border Agency officials (UKBA) have been accused of supplying inaccurate information to Parliament about the backlog of asylum cases.

http://www.bbc.co.uk/news/uk-20436013

[jkdlondon]

http://www.ukba.homeoffice.gov.uk/sitec ... r/35-rules

Other changes in immigration rules will allow skilled Indian and other non-EU workers the flexibility to travel in and out of the country, without it counting against them when it comes to applying for settlement in Britain, sources said.
From December, migrants could be absent from Britain for up 180 days annually without it affecting their application to stay permanently in Britain, provided it is required for a legitimate reason.

[ramay]

http://www.ukba.homeoffice.gov.uk/sitec ... r/35-rules

Other changes in immigration rules will allow skilled Indian and other non-EU workers the flexibility to travel in and out of the country, without it counting against them when it comes to applying for settlement in Britain, sources said.
From December, migrants could be absent from Britain for up 180 days annually without it affecting their application to stay permanently in Britain, provided it is required for a legitimate reason.

thank you.. very good rule,, need to wait until 13.12

[ramay]

Not sure why we have refused for Ryan2020 as last update from him was as below

it is true coolbawa...his ILR was refused and his last posts on this forum was deleted by sushdmehta for unknown reason and mine as well regarding his case.He started the new tread here
http://www.immigrationboards.com/viewto ... t=ryan2020

that is not a good sign for all of us with >90?
one hope just wait until 13.12 when the new rules coming in to the force..

[ramay]

page 4
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

In respect of the other changes set out in this Statement, if an applicant has made an application for entry clearance or leave before 13 December 2012 and the application has not been decided before that date, it will be decided in accordance with the Rules in force on 12 December 2012."

unfortunately..looks like it will not work for us..

full list of changes
http://www.homeoffice.gov.uk/publicatio ... iew=Binary

[coolbawa]

Not sure why we have refused for Ryan2020 as last update from him was as below

it is true coolbawa...his ILR was refused and his last posts on this forum was deleted by sushdmehta for unknown reason and mine as well regarding his case.He started the new tread here
http://www.immigrationboards.com/viewto ... t=ryan2020

that is not a good sign for all of us with >90?
one hope just wait until 13.12 when the new rules coming in to the force..

Sorry to hear about Ryan case but anyway each case is different...
In my case I entered in April 2007 and after 2 weeks went to home country for 129 days and came back in August 2007, so now if UKBA reset my clock after I entered in Sept or if they now work backwards from November then it should be OK as Except those days I dont have any >90 or 180 in total... lets see if they do justice in my case. I assume they consider 12 calendar months from when someone enters in this country and not just JAN-DEC.

[ramay]

I dont have any >90 or 180 in total... lets see if they do justice in my case. I assume they consider 12 calendar months from when someone enters in this country and not just JAN-DEC.

exactly!!! from August 2007 to November 2012 you have more than 5 years of continuous residency..and they considering continuity in 5 years from the date of application or from the date of decision in reverse.

[ryan2020]

thank you guys for remembering me...

i was little impatient thats why.

2 times my MP wrote to UKBA.... they didnt reply second time after 6 weeks i again called MP and ask her pA to write to them and ask the update...
she said she will write to CW don't know they can directly write to case worker..

following week i write to CW and just after 3 days i got refusal.

every budy is saying that they have make decision in aggressive mood.

why i was impatient because i didnt have job and no budy was willing to give me job. and i was thinking if they refuse after 7 months or more it will be more difficult for me to survive.

ya my case was bit complicated although i give them additional documents but they didn;t consider....

for those who are waiting i strongly recommend to wait and be patient if you want visa. if you can think they dont have any reason to refuse then you can be pain to them by writing to immigration minister etc

[annoyed]

My first post. Have been an avid user of this forum for quite a while.

My story:

My case is straight forward. 5 year work permit. Worked for the same employer. Only 59 days out of UK. Still went through solicitor just to make sure that I am not missing out on anything.

Applied same day premium appointment at Cardiff PEO on 15th November 2012.

Documents:
SET(0) form
Photos with names at the back
Passports (2 [expired and new] for me and 1 for wife)
5 X P60
3 X Pay slips
Bank statement
Employer reference letter
LIUK pass letters
Absences confirmation from employer
Previous UKBA correspondence (Original WP and salary rise confirmation)

Cohabitation:
Marriage certificate
Court notice for wife's name change
Bank statement

Our appointment was at 9:30am. Reached at 9am. Told by security to come at 9:30am. Waited at bus stop and went at 9:30am. After the check, we were given a tag for our bag and let in. Security told us to go directly to window 6 which is premium. The lady at the window smiled and welcomed us and asked me if I was the main applicant and I nodded positive. Then asked if I am employed and have I ever been convicted. I answered yes and no respectively. Then asked for the application form and then all the documents I wanted to submit. I gave her the form and the documents. Then we were told to wait until they call us.

Around 9:40am she called us for biometrics. My wife's details were correct on the biometrics form. Her fingerprints and photo were taken. My birth date and middle name were wrong on the form. The lady asked me to sign the form with wrong details on, marked a star and said not to worry and that she will sort it. Then my fingerprints and photo were taken. By this time it was 10:40am. We were given a map of Cardiff and told to leave to see Cardiff.

We went to the high street, ate something and around 2pm, a lady (who was another lady i.e. our case worker, different from the one who took our documents and biometrics) called from the UKBA saying there was some problem with our biometrics and we have to redo them. We discovered that the signed form with wrong details was rejected by the system (or human) and the same first lady did it all again. And then she told that your case worker would like to have a word with you. I was delighted that she will give the approval letter.

Then the case worker came and said that our application was valid and there was nothing to worry about. They don't need any more documents, but a decision cannot be made same day because ONE OF THE STANDARD CHECKS THAT WE MAKE COULD NOT BE COMPLETED TODAY. So there is no point you guys waiting here. (By this time, I was fairly aware as to what she was driving at). She continued - one of my colleagues could complete the check same day and one took 2 weeks to complete, so as soon as I complete it I will post the documents to your solicitor. She never told us what the STANDARD CHECK was that takes 1 day - 2 weeks. (I work in the IT industry myself and on time/business critical systems and can't believe that such a top Govt. agency does not have systems in place to verify something same day within or outside the country. Anyway.)

We were about to leave and I just discovered we have no proof of either payment or application submission. NO ONE OFFERED IT ON THEIR OWN. It is a regulatory requirement to provide a proof of receipt of any payment/application. Anyway.

I went to the counter and asked for a letter. And in 5 minutes time I was given a FURTHER INQUIRIES letter with approximate 5 days time. But the letter was just in my name (And the lady [this was a third lady] said that she did not notice that it was a joint application). So we had to ask one for my wife as well.

The five days limit was over on Thursday 22 November 2012. No response so far.

[Ash147]

Hi annoyed
I really feel the pain u r in but same happened to me in Cardiff on 10/09/12 though my case was based on self employment.I had to wait for 10 weeks to get my ILR.
Cardiff PEO wrote me a letter after getting my decision that they don't have a senior CW.so they have to forward application to a specialised postal team as in my case and they apologised for it.But ur case is straight forward and hopefully they will give u decision ASAP.
Wish u gud luck.
Ash

[ryan2020]

page 4
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

In respect of the other changes set out in this Statement, if an applicant has made an application for entry clearance or leave before 13 December 2012 and the application has not been decided before that date, it will be decided in accordance with the Rules in force on 12 December 2012."

unfortunately..looks like it will not work for us..

full list of changes
http://www.homeoffice.gov.uk/publicatio ... iew=Binary

ramay why you saying it will not work for you ??? if your case is decide after dec 13 it will apply to you . plz correct me if i'm wrong.

[geriatrix]

ryan2020 is correct in his interpretation, if an application has not been decided by 13-Dec-12 then the new changes with regards to absences will apply to the undecided applications.

Perhaps UKBA has been sitting over some of such applications on purpose? Who knows? Whatever the reason, it is good news for all those who have excess absences (under old policy) and are still waiting.

Cheer up! Such delays that result in a bonanza are very very rare as far as UKBA is concerned!!! Time to thank UKBA for the delays!! And pray that the caseworker assigned to your respective applications sleeps over them for a few more weeks!!

[ramay]

see ryan new rules are comming in to force from 13 of December maybe you can get some benefit from it for example: make application for an extension in 28 days from refusal(after 3C) and then vary to ILR after 13.12 if not decided by that time or make a fresh ILR application..

[ramay]

ryan2020 is correct in his interpretation, if an application has not been decided by 13-Dec-12 then the new changes with regards to absences will apply to the undecided applications.

Perhaps UKBA has been sitting over some of such applications on purpose? Who knows? Whatever the reason, it is good news for all those who have excess absences (under old policy) and are still waiting.

Cheer up! Such delays that result in a bonanza are very very rare as far as UKBA is concerned!!! Time to thank UKBA for the delays!! And pray that the caseworker assigned to your respective applications sleeps over them for a few more weeks!!

Thank you sushdmehta for your encouragement ..I like what you said..
but I asked about that my solicitor and he said
"Old rules apply, however, its easy for them to use discretion."

and it is clear in this sentence "and the application has not been decided before that date, it will be decided in accordance with the Rules in force on 12 December 2012.
so.. rules in force on 12 December 2012 means not more 90/180 days allowance!!!
page 4
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[geriatrix]

The document clearly specifies when and how the changes specified in specific paragraphs of the document will be implemented. You need to first check the paragraph(s) which specifies the rule(s) you may be interested in, and then see when and how the change will be implemented.

The text you have quoted from the document does not apply to the paragraphs which prescribe the changes related to absences.

[ramay]

Sorry to hear about Ryan case but anyway each case is different...
In my case I entered in April 2007 and after 2 weeks went to home country for 129 days and came back in August 2007.

coolbawa
your case is similar to Missgolightly's from this thread
http://www.immigrationboards.com/viewto ... &start=120

[ryan2020]

see ryan new rules are comming in to force from 13 of December maybe you can get some benefit from it for example: make application for an extension in 28 days from refusal(after 3C) and then vary to ILR after 13.12 if not decided by that time or make a fresh ILR application..

thanks ramay, i didn';t apply for extension as you dont have right of appeal if they refuse your extension after getting refusal from ILR.

so can;t take the risk. UKBA have powers and they can deliberately refuse your case and you will not have right of appeal.

ramay why you say your solicitor told you that old rules will apply ??

i still thank you for your help and other guys. I'm appealing my case.

*sushdmetha can you tell me if my hearing comes after 13th december.... will it be benefit for me.

[geriatrix]

Guys, once a PEO application no longer remains "deferred", there is no reason for anyone to post in this topic! I am tired of monitoring the topic and deleting off-topic posts.

Feel free to post your immigration queries in the relevant forum ... this topic doesn't have to be the place to post anything and everything because an application was made in a PEO!!

ryan2020, continue in your existing topic .... you will get all the help you need to answer your queries.

[ramay]

The document clearly specifies when and how the changes specified in specific paragraphs of the document will be implemented. You need to first check the paragraph(s) which specifies the rule(s) you may be interested in, and then see when and how the change will be implemented.

The text you have quoted from the document does not apply to the paragraphs which prescribe the changes related to absences.

strange..
I've read http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
I can't understand that
this paragraph
page 5
128A(for Persons seeking to enter or remain in the United Kingdom for employment)
was included in the list of Implementation (page 3) regarding absences which will apply to the undecided applications after 13.12


but these about same thing is not
page 14
paragraph 200A(General requirements for indefinite leave to remain as businessman, self-employed person, investor, writer, composer or artist)
page 17
245AAA(General requirements for indefinite leave to remain for PBS) ,
page 30
269(Indefinite leave to remain for a retired person of independent means)

[coolbawa]

Sorry to hear about Ryan case but anyway each case is different...
In my case I entered in April 2007 and after 2 weeks went to home country for 129 days and came back in August 2007.

coolbawa
your case is similar to Missgolightly's from this thread
http://www.immigrationboards.com/viewto ... &start=120

Yes, the pattern in which we took more than 90 days is similar but am banking on the fact that I have already covered that much lost period while waiting for my decision. If I am considered short of 129 days initially then I have spent more than that while waiting in last given 5 years. So hopes are still there....

[sunny31October]

Hi mate,

I case is similar to you.
I went personally for application on 13th Nov 2012 at Liverpool PEO.
They ask 3 docs
1. Salary slip stamped,
2. Bank statement showing salary, and
3. Doctor letter to show you have visited India to see your mother.

I sent the documents on 19th by Special delivery. documents reached next day 20th morning (according to Royal mail tarck service), but still no communication. My Biometric has been done same dat 13th Nov.

Any has how to communicate or when can I expects my ILR.

Do they takes decision after receiving all documents or if anything not possible they tell initially?

What is the waiting period after submitting all documents?

Kindly reply.

[annoyed]

Not annoyed any more .

Got an update from UKBA that a check was being done on documents that need to be verified in my home country [and I think it is beyond the control of UKBA]. So just waiting for that check being completed ASAP.

[bouqet777]

Not annoyed any more .

Got an update from UKBA that a check was being done on documents that need to be verified in my home country [and I think it is beyond the control of UKBA]. So just waiting for that check being completed ASAP.

Hi, Did you include any document from your home country with your application?