ILR Refused without correct reason

[benz52]

Hello there,

My recent application for ILR has been declined as the HO said that I had been out of the UK for 236 days in the past 5 years. However, out of the exact 260 days, 160 days have been on paid leaves and they only considered 24 days (off the last 6 months pay slips that I had submitted with my application). They never asked me whether out of the remainder any holidays were paid leaves. shouldn't they have written to me requesting further evidence and asking me more for clarifications?

I then wrote to the HSMP team to reconsider my application sending along original pay slips showing those 160 days & original bank statements. It has now been almost 3 weeks without a reply.

Has anyone had such a situation and can anyone tell me whether I have written to the correct place? I sent my letter to

LTR SET (O), PO 495, Durham.

Is this the correct address to request a reconsideration or do I write to some other place?

Do they even care to reply to such letters or simply dump them as they cannot make any money out of such letters?

All responses will be highly appreciated.

Thank you

[kariarxy]

Hello there,

My recent application for ILR has been declined as the HO said that I had been out of the UK for 236 days in the past 5 years. However, out of the exact 260 days, 160 days have been on paid leaves and they only considered 24 days (off the last 6 months pay slips that I had submitted with my application). They never asked me whether out of the remainder any holidays were paid leaves. shouldn't they have written to me requesting further evidence and asking me more for clarifications?

I then wrote to the HSMP team to reconsider my application sending along original pay slips showing those 160 days & original bank statements. It has now been almost 3 weeks without a reply.

Has anyone had such a situation and can anyone tell me whether I have written to the correct place? I sent my letter to

LTR SET (O), PO 495, Durham.

Is this the correct address to request a reconsideration or do I write to some other place?

Do they even care to reply to such letters or simply dump them as they cannot make any money out of such letters?

All responses will be highly appreciated.

Thank you

There are several similar cases in this forum, ILR refused on grounds of excessive absences, so you need to prove that your leave is paid. So your total absence is 260 or 236?
How did you know that HO only count 24 days as paid leave?

[benz52]

My total absence is 260 days, out of which 160 days was paid leave. That would leave 100 days overseas. However, HO rejected my application saying that I was overseas for 236 days.

I thought HO considered my recent pay leave of February 2008 where I was outside the country. I had submitted my payslips for the past 6 months. But they never asked me whether I had any other paid leaves in the past.

Do they reply to reconsideration requests?

[kariarxy]

My total absence is 260 days, out of which 160 days was paid leave. That would leave 100 days overseas. However, HO rejected my application saying that I was overseas for 236 days.

I thought HO considered my recent pay leave of February 2008 where I was outside the country. I had submitted my payslips for the past 6 months. But they never asked me whether I had any other paid leaves in the past.

Do they reply to reconsideration requests?

I dont know if they will reply to reconsideration, as somebody in the forum has submitted reconsideration, but did not receive a response.
HO may calculate your absences in a different way, which leads to 236 days finally, have they mentioned that 24 days paid leave are disregarded? It seems that HO is very keen on absences now, and many of the applicants are rejected coz of this. I dont know if they disregard paid leave, and are you sure they disgread paid leave when they considered your application? If they do so, you should be fine when submit the payment slips.

[republique]

My total absence is 260 days, out of which 160 days was paid leave. That would leave 100 days overseas. However, HO rejected my application saying that I was overseas for 236 days.

I thought HO considered my recent pay leave of February 2008 where I was outside the country. I had submitted my payslips for the past 6 months. But they never asked me whether I had any other paid leaves in the past.

Do they reply to reconsideration requests?

No you probably counted the days inbound and outbound as absences and they quite rightly recalculated that number for you to not include those days.
Even though most of your absences were for paid leave, it doesn't sound like you were absent due to work reasons which is what they can disregard. Don't think you are going to change their minds on that one.

[netacct]

Try to get SAB file and see the details.

[benz52]

Try to get SAB file and see the details.

what would you mean by SAB file?

Also, are inbound & outbound days calculated towards absent days? I have counted them and come to the figure of 260 days.

Also, if they are not going to reply to my request of reconsideration, I can reapply and submit the correct evidence. But what about my paper work? Aren't they going to return it back to me?

Has anyone had his/her application reconsidered?

[syeda]

This is the right address where is end my application

LUNAR HOUSE
40 WELLESLEY ROAD
CROYDON
CR9 2BY

YOU CAN CALL HOMEOFFICE ALSO = 08706067766

for address

I Send and i am still waiting for answer .

[republique]

Try to get SAB file and see the details.

what would you mean by SAB file?

Also, are inbound & outbound days calculated towards absent days? I have counted them and come to the figure of 260 days.

Also, if they are not going to reply to my request of reconsideration, I can reapply and submit the correct evidence. But what about my paper work? Aren't they going to return it back to me?

Has anyone had his/her application reconsidered?

I just told you it wasn't. If you look at what they counted and what you have, deduction would tell you how they were counted.
You clearly didn't read the guidance regarding how to calculate absences, perhaps you should proceed to review it before you run off half cocked and resumbit a bad application.
You have a lot of demands and expectations. If your leave has expired then you can not reapply. If you want it your stuff back, then you have to request it but then that would mean you withdraw your appeal.
I think you need to get rid of your expectation that the HO should figure it out, and take responsibility to do a more thorough and better prepared application. You want to reapply without figuring out or understanding what went wrong, good luck.

[benz52]

I just told you it wasn't. If you look at what they counted and what you have, deduction would tell you how they were counted.
You clearly didn't read the guidance regarding how to calculate absences, perhaps you should proceed to review it before you run off half cocked and resumbit a bad application.
You have a lot of demands and expectations. If your leave has expired then you can not reapply. If you want it your stuff back, then you have to request it but then that would mean you withdraw your appeal.
I think you need to get rid of your expectation that the HO should figure it out, and take responsibility to do a more thorough and better prepared application. You want to reapply without figuring out or understanding what went wrong, good luck.

Very easy to criticise republique, but no one probably realises that they are ripping us off with such high application costs. In these 5 years, I have already paid the HO almost £2500. It is a huge cost considering there were no fees when I first made my HSMP application 5 years back.

My leave has not expired yet and I will have another chance to reapply when I will automatically fall under the 180 days criteria without much problems. I was only seeking help here, not criticism. But thanks anyway.

And what is going to happen anyway. HO will write back to me and make me reapply eventually earning another £750 or I will have to reapply once I am under the correct regulation still ultimately making that £750 or probably even more at that time. One must also look at the fact that the guidelines relating to ILR and the holidays that HSMP migrants can take are not so clearly mentioned on the BIA website.

Best of luck to everyone else.

[rimm]

hi all

One more thing i want to bring it up on this forum is .

when ILR was 4 years number of absences were 180 days (45*4)

but now ILR Is 5 years number of absences should be 45 *5 (225) days .
but still it is 45*4 (180 days )

why the law is so tricky ? just to earn money by refusing application .

The Ho is reviewing their policies until when ?

[benz52]

hi all

One more thing i want to bring it up on this forum is .

when ILR was 4 years number of absences were 180 days (45*4)

but now ILR Is 5 years number of absences should be 45 *5 (225) days .
but still it is 45*4 (180 days )

why the law is so tricky ? just to earn money by refusing application .

The Ho is reviewing their policies until when ?

You are absolutely correct rimm. And what about the right to appeal. They just wrote back that my application was being refused and I did not have the right to appeal because I was still entitiled to stay in this country. I think they are setting up money making factory on the hard earned money of us outsiders who are doing everything legally and are absolutely law abiding people.

If someone was brave enough to challenge BIA in the EU court, they would get the spanking for not allowing appeals. It is a single sided process.

[rimm]

thats true . do you have still leave to remain benz .

[benz52]

thats true . do you have still leave to remain benz .

i am good rimm. as long as I have work, i should eventually get my ILR.

Cheers

[rimm]

those who have been refused on this basis should go for judicial review .if possibly together . and even the annexure f is based on (discretion is based on caseworker ) law is based on a caseworker in a welfare state (uk.)

[republique]

I just told you it wasn't. If you look at what they counted and what you have, deduction would tell you how they were counted.
You clearly didn't read the guidance regarding how to calculate absences, perhaps you should proceed to review it before you run off half cocked and resumbit a bad application.
You have a lot of demands and expectations. If your leave has expired then you can not reapply. If you want it your stuff back, then you have to request it but then that would mean you withdraw your appeal.
I think you need to get rid of your expectation that the HO should figure it out, and take responsibility to do a more thorough and better prepared application. You want to reapply without figuring out or understanding what went wrong, good luck.

Very easy to criticise republique, but no one probably realises that they are ripping us off with such high application costs. In these 5 years, I have already paid the HO almost £2500. It is a huge cost considering there
were no fees when I first made my HSMP application 5 years back.

My leave has not expired yet and I will have another chance to reapply when I will automatically fall under the 180 days criteria without much problems. I was only seeking help here, not criticism. But thanks anyway.

And what is going to happen anyway. HO will write back to me and make me reapply eventually earning another £750 or I will have to reapply once I am under the correct regulation still ultimately making that £750 or probably even more at that time. One must also look at the fact that the guidelines relating to ILR and the holidays that HSMP migrants can take are not so clearly mentioned on the BIA website.

Best of luck to everyone else.

Umm you don't want to understand so it makes you feel better to complain that the BIA is ripping you off and blame others. If you pay attention to what I said, I am pointing out you wrongly calculated your absences and wrongly classified your absences as safe absences. Instead of being grateful, you say it is easy to criticisize? Easy to criticize remark would have been, you messed up, too bad. I provided you help but you are more upset with your mistake to be gracious to take on board the good information that has been given to you. Based on my info you know now that you can reapply when your last 5 years of absences are under 180 days so I guess your life isn't over, is it?

And yeah the HO changed the extension from non payment to paid but I do believe ILR was always a paid application but either way extension of leaves and ILR is a privilege not a right so you have to suck it up and play the game like everyone else.

This is my only pet peeve when people think they are entitled to something. I include anyone who abuse their driving privileges. You must be licensed and insured and the car must be inspected. If you can't afford these things, then please take the bus.

[benz52]

i am not upset about anything knowing that I can still make it to the ILR later. However, it is a bit disappointing that the HO keeps changing things every now & then. No hard feelings repub. I do appreciate your advice.

And if I did not have any chance at all, I still would not be upset as life is not over with a HO decision. I've got loads of things to do anyway with my lovely family.

Cheers

[vinny]

See also ILR Processing: A CaseWorker's Guide/Manual.

[katrina]

http://www.ilpa.org.uk/submissions/cont ... idence.htm


what happen to this case (url attach above ).Does anyone has anyinformation about it .

[benz52]

Does anyone know whether brother's marriage is a compassionate reason for the absence to be discounted for ILR?

I have attended 3 marriages. One was my bro & 2 were my wife's brothers. Needless to say that my wife has been in the UK for the same period as me and we have always travelled in & out of the country together.

Also, if it does count as a good reason, what is a reasonable number of days a person can actually be allowed to take for a wedding?

[republique]

Does anyone know whether brother's marriage is a compassionate reason for the absence to be discounted for ILR?

I have attended 3 marriages. One was my bro & 2 were my wife's brothers. Needless to say that my wife has been in the UK for the same period as me and we have always travelled in & out of the country together.

Also, if it does count as a good reason, what is a reasonable number of days a person can actually be allowed to take for a wedding?

This angle to explain absences would not be a viable method to discount the number of days for absences.

[katrina]

Hi all

i just want to know when can benz apply for ILR again after 1 year or he has to start over again . 5 years plz someone advice on this . My friend situation is same as benz .

Thank You.