ILR Rejected - In the process of Judicial Review

[d1234]

Hi Moderators and Members,

First of all I would like to say heartly thank you for managing such a wonderful forum so everybody can get help in their difficult time.

I need some advise from you guys regarding my ILR rejection and next Judicial Review.

I applied for ILR through Sheffield PEO on 19/07/12.and they held my application for a week and then I got rejection letter on 25/07/12. The reason was I was absent from UK for 618 days. Actually I was on business trip for 580 days and 38 was personal holidays abroad. Absense list is as below:

Period Total Days Reason
11/04/2009 to 16/05/2009 35 Personal
08/01/2010 to 11/01/2010 3 Personal
26/06/2010 to 21/12/2010 178 Business/Employment
24/12/2010 to 18/08/2010 237 Business/Employment
24/08/2011 to 09/02/2012 169 Business/Employment

During all these time I was getting paid in GBP in UK bank account. I put supporting documents such as: Banks Statements,Pay Slips, Company Director letter,Company HR manager letter,E-mail corrospondeses to Head office UK during these period.

Now I am in the process of Judicial Review against the decision. I just want some advise/guidance about this and what are the chances of success in this scinario?

I hope somebody must have gone through this before so all advises are highly appriciated.

Many Thanks for all your support.

[ryan2020]

Hi Moderators and Members,

First of all I would like to say heartly thank you for managing such a wonderful forum so everybody can get help in their difficult time.

I need some advise from you guys regarding my ILR rejection and next Judicial Review.

I applied for ILR through Sheffield PEO on 19/07/12.and they held my application for a week and then I got rejection letter on 25/07/12. The reason was I was absent from UK for 618 days. Actually I was on business trip for 580 days and 38 was personal holidays abroad. Absense list is as below:

Period Total Days Reason
11/04/2009 to 16/05/2009 35 Personal
08/01/2010 to 11/01/2010 3 Personal
26/06/2010 to 21/12/2010 178 Business/Employment
24/12/2010 to 18/08/2010 237 Business/Employment
24/08/2011 to 09/02/2012 169 Business/Employment

During all these time I was getting paid in GBP in UK bank account. I put supporting documents such as: Banks Statements,Pay Slips, Company Director letter,Company HR manager letter,E-mail corrospondeses to Head office UK during these period.

Now I am in the process of Judicial Review against the decision. I just want some advise/guidance about this and what are the chances of success in this scinario?

I hope somebody must have gone through this before so all advises are highly appriciated.

Many Thanks for all your support.

sad to hear that your ILR is refused.

You had 3 X >90 days absence. thats unacceptable by UKBA these days.

Can you tell us the exact wording they have put on your rejection letter please then only one can guide you what to do ??

plz tell your case as well

thxx

[cs95tdg]

From what I have seen the key to the success of cases where there have been a very high number of absences is, how well the applicant has proved that they have maintained strong ties to the UK during the entire period (E.g. employment - paying taxes, family ties, etc...) and also how well your business related absences have been justified by your employer(s).

While I have not personally gone through this before, looking at the absence breakdown you have provided, there are 3 which are either around 6 months or more in duration. I'd look at how well each of these absences were justified in your original application.

Additionally the wording of your refusal letter may also help others understand the precise reasons behing the rejection. Was it just the overall number of absences or around any particular one where the justification provided was not strong enough.

You may also find it useful to look through other similar experiences, in terms of number of absences. If you scroll through the sticky below, you will find several links towards the end. It also contains a summary of key points to consider: http://www.immigrationboards.com/viewtopic.php?t=79378

[ryan2020]

he said he was paid in UK while on these absences. in my view people who were successful in huge no of absences were

1) good marketing/sales person - who know how to talk and convince people/case worker and/or

2) working for a well known/blue chip company - they don't care of small companies i think and /or

3) he/she have paid LOT of tax > £10,000 in that period etc.


ya please tell us the exact wording of the letter mights helps us all.

[asim72]

You want to go through judicial review, which will be handled by a competent solicitor.

Whats the point asking for advice on forum when you have a solicitor?

If you have any questions, ask him.

By the way, the judicial review only deals with whether UKBA acted illegally/unlawfully when they refused your application.

Judicial review is a very technical matter. They do not hear stories or requests during a judicial review.

So, basically, trust your solicitor and wait for the outcome.