ILR (HSMP) Refused due to absence of 260 days over 4 years

[plasticmodern]

Hello.

I submitted ILR application (HSMP under Judicial Review) and the application was refused.

The UK Border Agency letter says:
"You have been out of the United Kingdom for a total of 269 days over the last four years, since your last application in 08 May 2006, the Secretary of State is not satisfied that you have spent a continuous period of 5 years (or four years ...under...HSMP ILR Judicial Review) lawfully in the United Kingdom..."

I double-checked my travel dates, the 269 is wrong. 260 is the correct number.

Among the trips I took, I took many little holidays:
66 days total for 14 trips all of which are 10 days or less.
66 days total for 4 trips all of which are 20 days or less.

Then I took 3 long trips:
51 days, 44 days and 33 days. Some of were taken to visit my grandma
who was over 95 and was ill.

I have the appeal right.

Do I have a case that can be potentially appealed successfully?
How strong a case do I have?

Thank you for your kind advice.

Also, any recommendation of experienced immigration barristers?

[geriatrix]

So you believe that your application should be granted because the caseworker made an error in counting your absences .. 260 instead of 269 ... even though the permitted limit is 180 days in the 4/5 year period?

BTW, there's no option 0 in the poll!



regards

[plasticmodern]

clearly 260 is still quite a bit more than 180 limit

but i was told that little holidays can be disregarded, is that true?

thanks

ps the poll doesn't allow 0 value!

[wunder]

but i was told that little holidays can be disregarded, is that true?

No, this is not true.

[plasticmodern]

See another post on this board:

http://www.immigrationboards.com/viewto ... 5c2cef1b8e

---

another question, is the 180 days written into the law, or is it only a guideline set by the Home Office?

am i pretty much dead because the number is quite above 180? or is my appeal winnable from another angle (so called discretion) by explaining my own individual situation?

thanks

[geriatrix]

1. All absences are personal, not work related.
2. Absences consistent with annual leave (30-35 days per year) amount to 120-140 in 4 years. You have 260 absences!
3. You have spent close to 9 months outside the UK in 4 years, when the allowance is only 6 months (that's almost 50% over the limit).

Discretion is usually in favour when there are minor excesses.

explaining my own individual situation?

Compassionate, compelling circumstances to be absent from UK? Will require you to submit documentary evidence(s) to prove that your presence outside the UK was mandatory / absolutely essential.

IMHO, apply afresh when your total absences in preceding 4 years fall below 180 days.


regards

[jack231980]

So do u know what is ur next step if think u will not win the appeal!!!!
Can you wait for few more months and apply?

Please keep updating ur matter,as it will be very helpful for others.

Thanks

[jack231980]

Can you tell me what documents did u supplied with ur application?
Any letters from the employer saying u r on authorised leave?
May be that will help .

If you can tell us what exactly happened and the documents u provided,on ur interview day.


Please advise on this matter guys

[gc123]

It sounds to me like you have been unlucky. See: http://www.immigrationboards.com/viewto ... highlight=

But "luck" seems to play a big role when it comes to ILR absences. They may have taken your broader earnings/family background into account as well.