gingerbread wrote:Hi all,
My indefinite leave application was rejected. The letter was dated 15 February 2013. I do have the right to appeal, but they are refusing me on the fact that I have not lived in the UK continuously over the last ten years.
To share a bit of my history, I first moved to the UK when I was twelve in 2002. Then, when I was fifteen, my father got a job transfer to South Africa. I lived with my parents there for less than six months. A gun crime prompted me to return to the UK where I attended boarding school. I then graduated from secondary school and went on to attend University, which I completed this past year. Part of my degree course mandated that I live abroad for a year. I studied 'international business' and so to get the 'international' part of that title, I lived in South Korea for a year. I sent a letter to the Home Office detailing all of this, and had letters drafted from my parents and University confirming why I left the UK for certain periods of time.
I am confused, because there is not a single day where I didn't have valid leave to stay in the UK over the last ten years. I realize, I was out of the country for a significant amount of time, but a lot of that was due to circumstances out of my control. (Ie. mandated by the University, by my boarding school where students weren't allowed to stay on campus for a few weekends a year, and as a result of my father's occupation).
Anyway, from all of you, if there is any advice you could give me concerning the process of appealing, I would really appreciate it. I am only twenty-two, and as I have spent most of my 'formative years' here, I am pretty shocked they rejected me. I would have thought that would be a violation of my human rights or something. Anyway, I am at a loss, and any help would be fantastic.
Hi
I have recently been refused Indefinite leave to remain on the grounds that I have broken the period of 10 year continous residence. I have spent over the 18 months out of the UK over my 10 year stay in the UK (from August 2001- August 2011) with my absences totalling 24.6 months. I met all other criterias.
It is really frustrating as I first entered the UK as a young student when I was 13 due to my Father deciding to send me a (very expensive) British boarding school where I spent 5 yrs of my life. I then moved to University in Bath and spent a further 4 years and now I have right to be in the country on a post-study work visa expiring in sept 2012. I have never claimed state benefits, fully integrated myself into society (people are very surprised to here I am not English born when they speak to me)and have only contributed postively to society, not to mention the huge tutition fees I've paid throught my education here.
I have really spent my formative years here in this country and consider it my home. All my friends are here, my job is here, my girlfriend is here, my dreams and aspirations are here, my life is here and I will find it gut-wrenching if I have to leave when my post-study work visa expires next year.
During my time as a student I would always go away on summer, christmas and easter holidays to visit family and friends across the globe. I would go on holiday for around 2.5months every year in the 10 years I have been here and never once thought of the consequences this will have on my eligibility to apply for ILR.
I find it rediculous that some people have been granted leave to remain and even citizenship when they can hardly speak the language yet alone contribute to society and the economy just because they have had a fewer less absences from the country.
Sorry for blabbing on and on about my situation I know many of you have your problems etc but I guess what i eventually wanted to come to was to ask if anybody knows or has had a similar experience and kindly advice me on what steps I can take from this point?? Is this criteria of not having spent 18 months outside the UK flexible on a case-by-case basis?
I am considering writing to my local MP, or getting an immigration solicitor to review my case to see what options are available to me. In the refusal letter they said that as I still have right to remain in the UK till sept 2012 so I am not entitled to appeal the refusal.... any advice on that?
Thank you
