ILR Refused in 2015

[AA321]

Hi,

I have applied for ILR on 21-May-2015 in PEO Solihull. I had a 190 days gap in one of five year period. I have returned to my home country in 2012 and came back to UK in Jun'2013. My wife had delivered a baby in my home country during that time and I have given the supporting medical docs. My case was referred to senior caseworker and I have got a decision on 23-Jun-2015 and my application has been refused as the above reason was not considered to grant ILR with 190 days Gap in one year.

I have received my passport & biometric cards in postal. However I am yet to receive my remaining original docs. I have visited PEO Solihull yesterday and they said the documents are with Administrative Review Team and I have to request through online to get them back. As of now the provided link is only works to apply for appeal. They also said I will have option to get the documents only after 14 days which is given period for appeal.

I have valid Tier2-ICT until 2017. I have got few queries here,

1) Can I go for appeal. Will it make any good for me.
2) I have a Holiday plan to go to my home country on 07-Jul-2015 for 2 weeks. Since I have my passport & bio-metric card with valid visa until 2017, can I proceed with my travel or I should wait for my remaining docs to arrive (in both cases if go for appeal or not).

Thanks in advance.

[AA321]

Can anyone help me on my queries please.?

[AA321]

Hi Amber & Experts,

Can you please help me on my queries?

Thank you

[AA321]

Hi Amber & Experts,

Can you please help me on my queries?

Thank you

[mr_mar]

Couldn't you divide the 190 days into 2 different periods/years ?

You don't have to wait for your documents to travel. I am not sure if you appeal but appeal will not be good in your case. Emergency cases mean something like you went home for 2 weeks but you had a sudden surgery and needed hospital for a month.

If you can apply again in the future do it it is better even if you will need to spend more money.

[UKBALoveStory]

Hi Amber & Experts,

Can you please help me on my queries?

Thank you

You need to provide the following information for anybody here to help

- Your initial visa granted date
- In country or out of country?
- your initial entry to UK date
- Current visa expiry date
- list of absences

[AA321]

Thanks a lot for your responses.

if I wait until Dec'2015 end, I will have proper split with out more than 180 days Gap in a year. But I thought they will consider my paternity for the 10 day additional gap.

I am on Tier-2 ICT and thats valid until Aug'2017.

I have called up UKVI customer support and they have not given clear view on whether I can travel or not. I do not have any PENDING application if DO NOT apply for Appeal Review. So can I go-ahead and travel or should I wait for documents to be received.

One of my friend got the ILR refusal a year ago, since he had valid visa, he had a holiday outside UK and in-turn they stopped him at Airport to clarify on the ILR refusal. Later they verified and confirmed he is having valid visa and allowed him to enter UK. I agree it is verification & might be fine, but would like to a have clear view before I proceed with my travel.

I have attached my split details also below. Application Date - 21-May-2015

21-May-2014 - 21-May-2015
21-May-2013 - 21-May-2014 (33 days)
21-May-2012 - 21-May-2013 (In this year I have 190 days gap and in that 24 days are UK paid leaves outside UK and my baby born on 10-May-2013)
21-May-2011 - 21-May-2012
21-May-2010 - 21-May-2011

[PrestonLancs]

[quote="AA321"

21-May-2012 - 21-May-2013 (In this year I have 190 days gap and in that 24 days are UK paid leaves outside UK and my baby born on 10-May-2013)
[/quote]

This basically wiped off all the residence you had accumulated. Now will have to count 10 years from May 2013.

If you have a valid visa, you may travel out and back into UK. If there is nothing wrong with your current visa, then they will not deny you entry. HO will not tell you in advance whether or not you will be allowed back into UK.

[CR001]

Now will have to count 10 years from May 2013.

Why do you say this?

If OP can split the absence across two different 12 month periods so that each 12 months is less than 180 days, he should be fine to apply for ILR (i.e. December 2015 as OP says).