ILR refusals on ground of absences

[vinny]

I would be applying for ILR in july...i have a total of 40-45 days in the last 5 years out of the country so i hope it should not be problem.

However my wife ( my dependant) has close to 6-8 months outside. So can she apply with me ?

If she satisfies 196D or 319E, depending on your category, then she should be okay.

[sputty]

Hello all

I've had my Indefinite Leave to Remain refused as I've had over 6 months absences (11 months to be exact) in 5 years. I have two complaints about this. Firstly amount of absences was never a criteria that was made clear at the time of application (I could have saved myself £750). Secondly, my 11 months of absence were all taken on paid annual leave. I am a school teacher and therefore receive 12 weeks of paid annual leave per year - and I have taken this leave by holidaying abroad each time.

Just to add insult to injury they have stated that I have NO right to appeal as I can continue to stay here until my Leave to REmain attached to my Work Permit.

Does anyone have any advice on what to do next? I find all of this so hard to believe!

Karen

I dont know how you missed the fact that you shouldn't have too many absences to apply for ILR. You can reapply closer to the end of your leave and perhas your absences for the last 5 years will be less.

Can you show me where the reference is (from UKBA website) for allowable absences for ILR?

[claudior]

I have a similar problem. I wasnt aware of the rule for 90 days in 1 trip and was abroad for 110 days on unpaid leave. I assume I have no right to appeal? I am still waiting for an answer from HO.

I took the holiday in April 2006 and checked the website but couldnt find anything regarding the rule at the time. Can anyone tell me if the rule was clearly stated on the website back then?

[republique]

I have a similar problem. I wasnt aware of the rule for 90 days in 1 trip and was abroad for 110 days on unpaid leave. I assume I have no right to appeal? I am still waiting for an answer from HO.

I took the holiday in April 2006 and checked the website but couldnt find anything regarding the rule at the time. Can anyone tell me if the rule was clearly stated on the website back then?

The rules are always available on their website
Further, if you just look at the forum, the 90 day issue has been discussed for years before 2006 so don't bother arguing not clearly stated.
Just do a search and find other people with a similar situation and act accordingly.

[usemobile]

I have a similar problem. I wasnt aware of the rule for 90 days in 1 trip and was abroad for 110 days on unpaid leave. I assume I have no right to appeal? I am still waiting for an answer from HO.

I took the holiday in April 2006 and checked the website but couldnt find anything regarding the rule at the time. Can anyone tell me if the rule was clearly stated on the website back then?

check this at Annex F

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary


its answers

[claudior]

I have a similar problem. I wasnt aware of the rule for 90 days in 1 trip and was abroad for 110 days on unpaid leave. I assume I have no right to appeal? I am still waiting for an answer from HO.

I took the holiday in April 2006 and checked the website but couldnt find anything regarding the rule at the time. Can anyone tell me if the rule was clearly stated on the website back then?

check this at Annex F

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary


its answers

The publication date of this was December 2006! Is this when this rule came into effect??? I took my holiday in April 2006 so surely this shouldn't affect me?? Can anybody post a link stating the rules from the Home Office Website pre April 2006?? Otherwise I would think I have grounds for appeal?

[kawasaki1]

The "days spent out of the country" requirement for ILR has been there for a long time (Dec 2006 is probably when they published/updated their internal caseworker guidance etc).

You will have to satisfy the ILR rules as they stand now when applying. By your reasoning people could also apply after 4 years rather than 5 since that rule only came in recently too.


But does sound like you could ask for some discretion if your home remained in the UK and that was the only long absence you had.

[claudior]

The "days spent out of the country" requirement for ILR has been there for a long time (Dec 2006 is probably when they published/updated their internal caseworker guidance etc).

You will have to satisfy the ILR rules as they stand now when applying. By your reasoning people could also apply after 4 years rather than 5 since that rule only came in recently too.


But does sound like you could ask for some discretion if your home remained in the UK and that was the only long absence you had.

1. You like many others on this forum say the rule has been there a long time but I have yet to see the evidence. Surely someone can point me to
a home office link with the information. This is an important rule and should be clearly and explicitly stated on the home office site. There must be some truth in this but I would like to see the evidence with my own eyes.

2. " By your reasoning people could also apply after 4 years rather than 5 since that rule only came in recently too."
That is completely different - that was an extension of 1 year which at worst only means applicants have to wait one more year for ILR. In my case changing the overseas trips rule to a 90 day limit effectively means some people have to start from scratch overnight and years of working were for nothing! ie. if someone had been working under a work permit for 4 years and 364 days(and had taken one long holiday during this period) and the HO then brought a new rule in to limit overseas trips to 90 days then this would mean for that person that they are starting from day 1 again and will have to work for another 5 years before being eligible for ILR!! Do you think this is fair??

[asp]

What If situation :

Assuming if one has 2 passports with the UK WP stamp. The expired passport has the initial WP stamp and UK date of arrival.

Instead of supplying both passports, only the most recent one is submitted for ILR application. It could be that the old passport was missing.

Surely the case worker will have difficulties in obtaining the applicant's full history of absences?

If the passport presented in support of the ILR application shows less absences than were really the case and the applicant doesn't bring this to the attention of UKBA then they would be attempting to gain leave by deception. That's a criminal offence.

[kawasaki1]

Claudior, we are just trying to help. Why dont you call HO and ask? That way you are not relying on what anyone on this forum tells you.

The point that 90 day rule is not clearly defined in the rules has been discussed before. Rules just say 'present' during 5 years which they check is satisfied by following the guidance.

As someone pointed out this has been an issue for others before 2006 on this and other forums. The bia website has changed many times so it does not have links to what that document looked like before 2006.

Here is an example of where more proposals were put forward about the 90 day ILR rule when compared to citizenship: http://www.ilpa.org.uk/submissions/cont ... idence.htm. It is dated 2005.

Typically people try and find a good immigration lawyer to argue for discretion, so why dont you do the same (especially since your absence was not too far out of 90 days)?

p.s. another almost identical discussion on this: http://www.ukresident.com/forums/indefi ... 86378.html

[claudior]

Claudior, we are just trying to help. Why dont you call HO and ask? That way you are not relying on what anyone on this forum tells you.

The point that 90 day rule is not clearly defined in the rules has been discussed before. Rules just say 'present' during 5 years which they check is satisfied by following the guidance.

As someone pointed out this has been an issue for others before 2006 on this and other forums. The bia website has changed many times so it does not have links to what that document looked like before 2006.

Here is an example of where more proposals were put forward about the 90 day ILR rule when compared to citizenship: http://www.ilpa.org.uk/submissions/cont ... idence.htm. It is dated 2005.

Typically people try and find a good immigration lawyer to argue for discretion, so why dont you do the same (especially since your absence was not too far out of 90 days)?

p.s. another almost identical discussion on this: http://www.ukresident.com/forums/indefi ... 86378.html

1. "Claudior, we are just trying to help. Why dont you call HO and ask? That way you are not relying on what anyone on this forum tells you."
I am not questioning what the rules are NOW. I am questioning what the rules were pre December 2006 and IF THEY WERE PUBLISHED ON THE HO WEBSITE AT THAT TIME(NOT NOW). THIS IS THE CRUCIAL ISSUE.

2. The links you provided were useful and show others have had the same problem ie. JohnoB. We did the due diligence before we went on holiday and checked the HO website in April 2006 and the only thing published was the total number of days allowed out of the country during the 5 years. Nothing about the 90 say rule.

3. I applied in person and questioned the immigration officer about why we could not see the rules in 2006. We were told they have their own set of internal rules that arent always on the website.

It seems the problem here is that as the HO website has changed we cant prove what rules were and werent published in early 2006. Therefore how can we make a successful appeal?

[ejobs_01]

I have a similar problem. I wasnt aware of the rule for 90 days in 1 trip and was abroad for 110 days on unpaid leave. I assume I have no right to appeal? I am still waiting for an answer from HO.

I took the holiday in April 2006 and checked the website but couldnt find anything regarding the rule at the time. Can anyone tell me if the rule was clearly stated on the website back then?

Hi Claudior,

Do you have any update on your case so far?

Regards,

[vito0514]

check this at Annex F

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary


its answers

The publication date of this was December 2006

Update Chapter 6 (http://www.ukba.homeoffice.gov.uk/sitec ... schapter6/):
new "Section 6A - Points-based system, tier 1 settlement guidance" (http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary).

"4.Tier 1 (General)

The full requirements for someone applying for indefinite leave to remain under this category are detailed in Paragraph 245E of the immigration rules and these are listed below.

To qualify for indefinite leave in this capacity, the applicant must meet the requirements listed below. If the applicant does not meet these requirements, the application will be refused.

4.1 Requirements for indefinite leave to remain – paragraph 245E:

The immigration rules state the following requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(b) The applicant must have spent a continuous period of five years lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 1 (General) Migrant, and the rest may be made up of leave in any combination of the following categories:
(i) as a Tier 1 (General) Migrant,
(ii) as a Highly Skilled Migrant,
(iii) as a Work Permit Holder,
(iv) as an Innovator,
(v) as a Self-Employed Lawyer,
(vi) as a Writer, Composer or Artist, or
(vii) as a Tier 2 Migrant.

(c) The applicant must be economically active in the UK, in employment or self-employment or both.

(d) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33B to 33D of these Rules, unless the applicant is under the age of 18 or aged 65 or over at the time the application is made.
...

4.4 Continuous period of five years
Information on how to calculate whether an applicant meets the continuous leave requirement can be found at Annex A."


Text of Annex A is identical to the mentioned above ANNEX F "CHAPTER 5: SECTION 1 - WORK PERMIT EMPLOYMENT." (http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary)


Annex A – Calculation of the five year period for settlement

"In assessing whether or not an applicant has fulfilled the requirement to have spent five years in continuous residence in the UK, short absences abroad, for example for holidays (consistent with annual paid leave) or business trips (consistent with maintaining employment or self-employment in the United Kingdom), may be disregarded, provided the applicant has clearly continued to be based here.

Discretion in cases where continuous residence has been broken
In addition, time spent here may exceptionally be aggregated, and continuity not insisted upon, in cases where:

• there have been no absences abroad (apart from those described in the paragraph above) and authorised employment or business here has not been broken by any interruptions of more than three months or amounting to more than six months in total;
or

• there have been longer absences abroad, provided the absences were for compelling grounds either of a compassionate nature or for reasons related to the applicant's employment or business in the United Kingdom. None of the absences abroad should be of more than three months duration, and they must not amount to more than six months in total for the whole five year period..

NB: Decisions in such cases must be taken at HEO level or above.
Where continuous residence has been broken, periods may be aggregated or shortfalls disregarded only with the approval of an SEO or Grade 7."

Annex B - Refusal Formulae

"Refusal Formulae

Indefinite Leave to Remain - Tier 1 (General) Migrants

You have applied/…applied on your behalf] for indefinite leave to remain in the United Kingdom but your application has been refused.
Applicant has not met the continuous leave requirement
Paragraph 245E (b)

In view of the fact that you (insert full reasons for refusal) the Secretary of State is not satisfied that you have spent a continuous period of 5 years Lawfully in the UK..."

[vt_76]

Thanks "vito0514" for detailed info, But I am some what not clear

So spending annual holidays(~20 to 25 entitled according to employment rules) outside UK may/may not be dis-regarded according to explanation in Annex.

For example I spent every year all of my annual holidays I am entitled outside UK (25 working days), so end of the 5 year period I am worried that it might come close to 6 months if counted all days including weekends. If it is disregarded since I am still in continious employment and based in UK then I am okay. One good thing in my case is all along I am with same employer [ 2yrs WP + 2yrs HSMP + now Tier-1]

I tried to search all forums and online but I am not clear, hence this post.

Thanks a lot in advance,
VT

check this at Annex F

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary


its answers

The publication date of this was December 2006

Update Chapter 6 (http://www.ukba.homeoffice.gov.uk/sitec ... schapter6/):
new "Section 6A - Points-based system, tier 1 settlement guidance" (http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary).

"4.Tier 1 (General)

The full requirements for someone applying for indefinite leave to remain under this category are detailed in Paragraph 245E of the immigration rules and these are listed below.

To qualify for indefinite leave in this capacity, the applicant must meet the requirements listed below. If the applicant does not meet these requirements, the application will be refused.

4.1 Requirements for indefinite leave to remain – paragraph 245E:

The immigration rules state the following requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(b) The applicant must have spent a continuous period of five years lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 1 (General) Migrant, and the rest may be made up of leave in any combination of the following categories:
(i) as a Tier 1 (General) Migrant,
(ii) as a Highly Skilled Migrant,
(iii) as a Work Permit Holder,
(iv) as an Innovator,
(v) as a Self-Employed Lawyer,
(vi) as a Writer, Composer or Artist, or
(vii) as a Tier 2 Migrant.

(c) The applicant must be economically active in the UK, in employment or self-employment or both.

(d) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33B to 33D of these Rules, unless the applicant is under the age of 18 or aged 65 or over at the time the application is made.
...

4.4 Continuous period of five years
Information on how to calculate whether an applicant meets the continuous leave requirement can be found at Annex A."


Text of Annex A is identical to the mentioned above ANNEX F "CHAPTER 5: SECTION 1 - WORK PERMIT EMPLOYMENT." (http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary)


Annex A – Calculation of the five year period for settlement

"In assessing whether or not an applicant has fulfilled the requirement to have spent five years in continuous residence in the UK, short absences abroad, for example for holidays (consistent with annual paid leave) or business trips (consistent with maintaining employment or self-employment in the United Kingdom), may be disregarded, provided the applicant has clearly continued to be based here.

Discretion in cases where continuous residence has been broken
In addition, time spent here may exceptionally be aggregated, and continuity not insisted upon, in cases where:

• there have been no absences abroad (apart from those described in the paragraph above) and authorised employment or business here has not been broken by any interruptions of more than three months or amounting to more than six months in total;
or

• there have been longer absences abroad, provided the absences were for compelling grounds either of a compassionate nature or for reasons related to the applicant's employment or business in the United Kingdom. None of the absences abroad should be of more than three months duration, and they must not amount to more than six months in total for the whole five year period..

NB: Decisions in such cases must be taken at HEO level or above.
Where continuous residence has been broken, periods may be aggregated or shortfalls disregarded only with the approval of an SEO or Grade 7."

Annex B - Refusal Formulae

"Refusal Formulae

Indefinite Leave to Remain - Tier 1 (General) Migrants

You have applied/…applied on your behalf] for indefinite leave to remain in the United Kingdom but your application has been refused.
Applicant has not met the continuous leave requirement
Paragraph 245E (b)

In view of the fact that you (insert full reasons for refusal) the Secretary of State is not satisfied that you have spent a continuous period of 5 years Lawfully in the UK..."

[vito0514]

Thanks "vito0514" for detailed info, But I am some what not clear

So spending annual holidays(~20 to 25 entitled according to employment rules) outside UK may/may not be dis-regarded according to explanation in Annex.

For example I spent every year all of my annual holidays I am entitled outside UK (25 working days), so end of the 5 year period I am worried that it might come close to 6 months if counted all days including weekends. If it is disregarded since I am still in continious employment and based in UK then I am okay. One good thing in my case is all along I am with same employer [ 2yrs WP + 2yrs HSMP + now Tier-1]

I tried to search all forums and online but I am not clear, hence this post.

Thanks a lot in advance,
VT

check this at Annex F

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary


its answers

The publication date of this was December 2006

Update Chapter 6 (http://www.ukba.homeoffice.gov.uk/sitec ... schapter6/):
new "Section 6A - Points-based system, tier 1 settlement guidance" (http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary).

"4.Tier 1 (General)

The full requirements for someone applying for indefinite leave to remain under this category are detailed in Paragraph 245E of the immigration rules and these are listed below.

To qualify for indefinite leave in this capacity, the applicant must meet the requirements listed below. If the applicant does not meet these requirements, the application will be refused.

4.1 Requirements for indefinite leave to remain – paragraph 245E:

The immigration rules state the following requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(b) The applicant must have spent a continuous period of five years lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 1 (General) Migrant, and the rest may be made up of leave in any combination of the following categories:
(i) as a Tier 1 (General) Migrant,
(ii) as a Highly Skilled Migrant,
(iii) as a Work Permit Holder,
(iv) as an Innovator,
(v) as a Self-Employed Lawyer,
(vi) as a Writer, Composer or Artist, or
(vii) as a Tier 2 Migrant.

(c) The applicant must be economically active in the UK, in employment or self-employment or both.

(d) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33B to 33D of these Rules, unless the applicant is under the age of 18 or aged 65 or over at the time the application is made.
...

4.4 Continuous period of five years
Information on how to calculate whether an applicant meets the continuous leave requirement can be found at Annex A."


Text of Annex A is identical to the mentioned above ANNEX F "CHAPTER 5: SECTION 1 - WORK PERMIT EMPLOYMENT." (http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary)


Annex A – Calculation of the five year period for settlement

"In assessing whether or not an applicant has fulfilled the requirement to have spent five years in continuous residence in the UK, short absences abroad, for example for holidays (consistent with annual paid leave) or business trips (consistent with maintaining employment or self-employment in the United Kingdom), may be disregarded, provided the applicant has clearly continued to be based here.

Discretion in cases where continuous residence has been broken
In addition, time spent here may exceptionally be aggregated, and continuity not insisted upon, in cases where:

• there have been no absences abroad (apart from those described in the paragraph above) and authorised employment or business here has not been broken by any interruptions of more than three months or amounting to more than six months in total;
or

• there have been longer absences abroad, provided the absences were for compelling grounds either of a compassionate nature or for reasons related to the applicant's employment or business in the United Kingdom. None of the absences abroad should be of more than three months duration, and they must not amount to more than six months in total for the whole five year period..

NB: Decisions in such cases must be taken at HEO level or above.
Where continuous residence has been broken, periods may be aggregated or shortfalls disregarded only with the approval of an SEO or Grade 7."

Annex B - Refusal Formulae

"Refusal Formulae

Indefinite Leave to Remain - Tier 1 (General) Migrants

You have applied/…applied on your behalf] for indefinite leave to remain in the United Kingdom but your application has been refused.
Applicant has not met the continuous leave requirement
Paragraph 245E (b)

In view of the fact that you (insert full reasons for refusal) the Secretary of State is not satisfied that you have spent a continuous period of 5 years Lawfully in the UK..."

The keyword is: in all "Immigration directorate instructions": Secretary of State (i.e., caseworkers) ... satisfied ... spent a continuous period of 5 years in the United Kingdom.

100% satisfied, only if applicant haven't travelled outside UK.

In other cases - depends on luck; there are some exceptions, f.e.:
short absences abroad, for example for holidays (consistent with annual paid leave) or business trips (consistent with maintaining employment or self-employment in the United Kingdom), may be disregarded, provided he has clearly continued to be based here.

i.e., looks like may be disregarded, if applicant clearly documentally prove that he has clearly continued to be based in UK.
If caseworker is not satisfied then there are discretions authorized by HEO/SEO.


Official explanations from HO are not of much help:
http://www.immigrationboards.com/viewtopic.php?t=23775

Time spent out of the United Kingdom may be discounted if it is for paid annual leave or business trips that are necessary due to employment commitments. If the absence from the UK is during a period of unpaid leave, it is not discounted and will be used in calculating absences when considering an application for Indefinite Leave to Remain.

Any absences other than paid annual leave or necessary business trips should not exceed 3 months at a time or 6 months in total over the 5 year period.


http://www.whatdotheyknow.com/request/c ... ming-20072
> 1. Maximum days allowed during 5 years and 1 year prior to ILR application;
>
There is no set maximum number of days permitted. Each application should be assessed in line with the guidance in the IDI ( link above).

> 2. Maximum days allowed during 5 years and 1 year prior to ILR application to be able to use PEO same day service;
>
There is no set restriction on this, however the level of absences may mean that an application cannot be resolved in the PEO and would therefore be extended in to the normal caseworking teams.


I.e., how many holidays and business trips may be disregarded – it is not clear.

Looks, like it's subjective. And perhaps, good letter from employer and cover letter are important.

What one can do is to get some info from unofficial sources (not known if they are reliable or not):

http://talk.uk-yankee.com/index.php?topic=46279.0
From this, she saw that I had been out of the country for (442) days. She asked if I had any supporting documentation of this. I handed her a letter from my employer stating that the following trips….. were necessary for business travel (each trip was listed out). She asked if I was applying for this visa for a (2nd) time- I must have looked confused- because she explained that she was surprised that I had asked my employer to prepare this letter. She said that she would have not been able to process the visa without it, and all times before she’d have to refused the applicant, and they had to come back with this letter.

From the excel spreadsheet she counted up the number of personal days out of the country- and said that those were fine. She explained that the maximum allowed is (235), but that (195) is the threshold they use in the same-day service. Ie- if you have (200) personal days out of country- it’s referred to the postal/normal method.

http://www.ahooi.co.uk/post/45958347/ho ... ide-the-uk
I understand that you are only permitted a limited amount of days absent from the UK. So much so that I got turned down once before and so has some of my friends, on the basis that we had too many holidays over 5 years. The funny thing is every time I phoned the Home Office to get a difinitive answer on the actual total number of days permitted, I never got the same answer. Answers varied from 90 days to 220 days.
I finally got my ILR yesterday and I thought I’d ask the lady to explain how she calculated my days. According to her the rule changes in July 2008 allows for 225 days absent from the UK over a 5 year period. This now EXCLUDES weekends and bankholidays! This ALSO excludes days you worked abroad, providing you have proof that these days were for work purposes.

[happyboy]

Hello All,
I had applied for my ILR on the Tier-1+WP route = 5 years.
I had one long absence in between of over 3 months for business reasons and several smaller ones for as well - all for business reasons. Personal absences were around 60 days.
For the business absences (all of them), I got refrence letters from my current as well as previous employers, clearly stating that my absence from the UK were for business reasons. I had all other docs as required.
In spite of this, my ILR application has been refused - citing absence.

Any advice on how to deal with this please? Pretty bummed about this :(
Cheers.

[downerbeeswax]

was the bussiniess absence more than 6 months per year?
i think you should hire a lawyer.
dunno what else to tell you

[happyboy]

Hi,
Yes the absence was for for around 8 months. I was still employed with the same firm with regular salary.
Can I still challenge this decision or ask them to reconsider even though the home office letter mentions that I dont have right to appeal as I still have leave to remain?

[fahadz1]

Annex B - Refusal Formulae

"Refusal Formulae

Indefinite Leave to Remain - Tier 1 (General) Migrants

You have applied/…applied on your behalf] for indefinite leave to remain in the United Kingdom but your application has been refused.
Applicant has not met the continuous leave requirement
Paragraph 245E (b)

In view of the fact that you (insert full reasons for refusal) the Secretary of State is not satisfied that you have spent a continuous period of 5 years Lawfully in the UK..."[/quote]

if you get this refusal what will be the next step ? will they give chance to appeal ? any budy whose ILR refused due to long absence more than 3 months ?

[happyboy]

Annex B - Refusal Formulae

"Refusal Formulae

Indefinite Leave to Remain - Tier 1 (General) Migrants

You have applied/…applied on your behalf] for indefinite leave to remain in the United Kingdom but your application has been refused.
Applicant has not met the continuous leave requirement
Paragraph 245E (b)

In view of the fact that you (insert full reasons for refusal) the Secretary of State is not satisfied that you have spent a continuous period of 5 years Lawfully in the UK...

if you get this refusal what will be the next step ? will they give chance to appeal ? any budy whose ILR refused due to long absence more than 3 months ?"

I have had this same situation and had my ILR refused for now and have been asked to apply again after a long time.
How many days were you out of UK for at a stretch?

[fahadz1]

Annex B - Refusal Formulae

"Refusal Formulae

Indefinite Leave to Remain - Tier 1 (General) Migrants

You have applied/…applied on your behalf] for indefinite leave to remain in the United Kingdom but your application has been refused.
Applicant has not met the continuous leave requirement
Paragraph 245E (b)

In view of the fact that you (insert full reasons for refusal) the Secretary of State is not satisfied that you have spent a continuous period of 5 years Lawfully in the UK...

if you get this refusal what will be the next step ? will they give chance to appeal ? any budy whose ILR refused due to long absence more than 3 months ?"

I have had this same situation and had my ILR refused for now and have been asked to apply again after a long time.
How many days were you out of UK for at a stretch?

i havebeen out of UK for 6 months in stretch ... i will PM you to get more detail abt ur case. i have to apply ILR after a year but i'm preparing from now onwards

[dineshcv]

happyboy,

Has there been any update on your case?

[hskhan2008]

Hi
I am due to apply for ILR, my question is, in past 5 years almost 1 month in each year i spent outside the UK, these were all my paid holidays
just want to know would that be fine, i have payslips and bank statements as well to proof that these were paid holidays

kindly reply for my answer

thanks

[Backer]

You should be fine

[ksab]

have you contacted your teacher's union? they could tell you if there has been a precedent.

also, did you apply in person? if not, did you clearly list when your school had their holidays, and showed that it tallied with your time away from the uk?