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ILR 10 Years PEO Application Friday

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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kenray92
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ILR 10 Years PEO Application Friday

Post by kenray92 » Wed Mar 30, 2016 4:48 pm

Hello people,

I have my appointment at Croydon for ILR long residence on Friday. My case is not straight forward
so I thought I would describe it here, in case it might help people in similar situations later on.

First entered UK: July 2003
Left UK: August 2014 (Erasmus Year in Paris, France)
Returned to UK: August 2015 (Final Year at English Uni)

I read that I am able to apply for ILR based on any 10 year period (continuous residence) I have built up in the past. This period for me with the least amount of absences is from August 2004 to August 2014.

10 Year period on which my application is based: August 2004 - August 2014.

Problem: Days spent outside UK is 553 days.

Hopeful Solution: Compassionate Circumstances - I had to attend my grandfather's illness and subsequent funeral for one exit that lasted 27 days. 553 - 27 = 526 days (under required limit)

I have medical document + death certificate to prove this.

HOWEVER, my grandfather passed away in January which is when I NORMALLY go back to my home country to visit my family (as a student in boarding school). As it happens, I was NOT planning to go back this particular period as it was the holiday directly before my GCSE exams. I have explained this in a cover letter.

My question is to ask for your opinion, (although I am aware nobody can give a 100% guarantee) on whether I will be given discretion based on these circumstances OR rejected on the grounds that it seems I USUALLY go out during the christmas period to visit my family and thus the funeral does not count as an unavoidable circumstance.

Any advice/ opinion/ thoughts would be much appreciated.

Finally, thanks to all of you on this board for sharing valuable experiences and advice!

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CR001
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Re: ILR 10 Years PEO Application Friday

Post by CR001 » Wed Mar 30, 2016 5:21 pm

You should not apply in person if your case is not straightforward. If they are not able to make a decision on the day, you will join the postal pile at premium fee.

Wait for others to comment. I don't think there is much discretion regarding absences above 540 days though.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

kenray92
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Joined: Wed Jan 29, 2014 9:11 pm

Re: ILR 10 Years PEO Application Friday

Post by kenray92 » Wed Mar 30, 2016 5:38 pm

CR001 wrote:You should not apply in person if your case is not straightforward. If they are not able to make a decision on the day, you will join the postal pile at premium fee.

Wait for others to comment. I don't think there is much discretion regarding absences above 540 days though.
Thank you for your reply. My appointment is paid and booked so I think it is too late to withdraw.

Do you not think my grandfather's funeral qualifies as grounds for compassionate circumstances to disregard that particular trip?

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CR001
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Re: ILR 10 Years PEO Application Friday

Post by CR001 » Wed Mar 30, 2016 5:45 pm

You can try, no one can say for certain what the outcome will be.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

screenprint
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Re: ILR 10 Years PEO Application Friday

Post by screenprint » Wed Mar 30, 2016 6:01 pm

Normally

''''You must:
1) cancel at least 5 working days before your appointment for a full refund
2) reschedule at least 48 hours before your appointment''''''''

But you can still decide to miss the appointment, It is only £100 Loss, But U Have a Option to cancel, Sort Of.

''''You won’t get the £100 booking fee back if you miss your appointment or cancel less than 5 working days before your appointment, unless there are exceptional circumstances, eg''''

Check the link below

https://www.gov.uk/ukvi-premium-service ... ppointment

kenray92
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Re: ILR 10 Years PEO Application Friday

Post by kenray92 » Wed Mar 30, 2016 6:18 pm

screenprint wrote:Normally

''''You must:
1) cancel at least 5 working days before your appointment for a full refund
2) reschedule at least 48 hours before your appointment''''''''

But you can still decide to miss the appointment, It is only £100 Loss, But U Have a Option to cancel, Sort Of.

''''You won’t get the £100 booking fee back if you miss your appointment or cancel less than 5 working days before your appointment, unless there are exceptional circumstances, eg''''

Check the link below

https://www.gov.uk/ukvi-premium-service ... ppointment
Can I ask why you think I should cancel? My immigration history/ situation will not change and I can only apply based on the period mentioned.

Applying later, it seems, won't change my chances.

screenprint
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Re: ILR 10 Years PEO Application Friday

Post by screenprint » Wed Mar 30, 2016 6:37 pm

CR001 wrote:You can try, no one can say for certain what the outcome will be.

It's Up to you Frankly ! But When there is complex past history it better to apply by post. Let Say if case worker is not able to make a decision, she/he will pass your case to senior case worker, where your case will be dealt like any postal application.


Basically your expensive PEO application will turn into postal application.

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Casa
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Re: ILR 10 Years PEO Application Friday

Post by Casa » Wed Mar 30, 2016 6:42 pm

See 'When you can't use the service'
someone whose case is complex because of personal circumstances

https://www.gov.uk/ukvi-premium-service ... he-service
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

kenray92
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Re: ILR 10 Years PEO Application Friday

Post by kenray92 » Wed Mar 30, 2016 7:20 pm

screenprint wrote:
CR001 wrote:You can try, no one can say for certain what the outcome will be.

It's Up to you Frankly ! But When there is complex past history it better to apply by post. Let Say if case worker is not able to make a decision, she/he will pass your case to senior case worker, where your case will be dealt like any postal application.


Basically your expensive PEO application will turn into postal application.
I think i will give it a go anyways since the chances of success are technically the same whether I do it by post or PEO.

The cost is a concern, but I am willing to undergo that in the hope that the case might be accepted. If I am refused, I would also be refused by post.

Do you guys have an opinion as to the likelihood of me receiving discretion? Just wondering what people think.

Thanks

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