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Dear Members,

i have applied for the set(ILR) but i was refused because i had over 540 days, outside the country, in the period of 10 years . I filled in the application on my own and i thought that the days during the school/ university holidays will not count towards total number of days outside the UK.


I came to the country in 2005 ( i was 14 years old) doing GCSE'S and now i am doing my research. Also, there was 3 years period where i was suffering from a long term illness that required me to go back home every summer to receive treatment, i could not afford to do it through the NHS due to the long waits and the fact that they didnt have any access to my medical history, so i thought it would be easier to do it back home plus i could receive the help and support from my parents. looking at my holidays during the 10 year period, its very easy to see that the days out during those specific years are way higher than the other years, so its obvious that something happen.

I haven't mentioned this in my application as i thought that my application should be sufficient for me to get my set(ILR). i have my letter from the hospital back home explaining my medical condition then i got it certified from the ministry of health (back home), but i am not sure if the judge will take it into consideration.

I am going to the hearing alone without a lawyer and I would be grateful to the members if they can enlighten me on this matter, and if they can tell what would be the grounds that i should base my appeal on. i absolutely had no idea of such a rule otherwise i would have submitted my medical reports, proving that i was going back for serious illness treatment. Also, in my SET(ILR) APPLICATION I PUT THE REASON FOR GOING OUT ONLY HOLIDAYS AS I DIDNT KNOW THAT IT WOULD MATTER.

Grateful for your replies,

appeal-17 wrote:Dear Members,

i have applied for the set(ILR) but i was refused because i had over 540 days, outside the country, in the period of 10 years . I filled in the application on my own and i thought that the days during the school/ university holidays will not count towards total number of days outside the UK.


I came to the country in 2005 ( i was 14 years old) doing GCSE'S and now i am doing my research. Also, there was 3 years period where i was suffering from a long term illness that required me to go back home every summer to receive treatment, i could not afford to do it through the NHS due to the long waits and the fact that they didnt have any access to my medical history, so i thought it would be easier to do it back home plus i could receive the help and support from my parents. looking at my holidays during the 10 year period, its very easy to see that the days out during those specific years are way higher than the other years, so its obvious that something happen.

I haven't mentioned this in my application as i thought that my application should be sufficient for me to get my set(ILR). i have my letter from the hospital back home explaining my medical condition then i got it certified from the ministry of health (back home), but i am not sure if the judge will take it into consideration.

I am going to the hearing alone without a lawyer and I would be grateful to the members if they can enlighten me on this matter, and if they can tell what would be the grounds that i should base my appeal on. i absolutely had no idea of such a rule otherwise i would have submitted my medical reports, proving that i was going back for serious illness treatment. Also, in my SET(ILR) APPLICATION I PUT THE REASON FOR GOING OUT ONLY HOLIDAYS AS I DIDNT KNOW THAT IT WOULD MATTER.

Grateful for your replies,

There is no point of appeal if you were away for that long period. What visa you are on right now?

appeal-17 wrote:Dear Members,

i have applied for the set(ILR) but i was refused because i had over 540 days, outside the country, in the period of 10 years . I filled in the application on my own and i thought that the days during the school/ university holidays will not count towards total number of days outside the UK.


I came to the country in 2005 ( i was 14 years old) doing GCSE'S and now i am doing my research. Also, there was 3 years period where i was suffering from a long term illness that required me to go back home every summer to receive treatment, i could not afford to do it through the NHS due to the long waits and the fact that they didnt have any access to my medical history, so i thought it would be easier to do it back home plus i could receive the help and support from my parents. looking at my holidays during the 10 year period, its very easy to see that the days out during those specific years are way higher than the other years, so its obvious that something happen.

I haven't mentioned this in my application as i thought that my application should be sufficient for me to get my set(ILR). i have my letter from the hospital back home explaining my medical condition then i got it certified from the ministry of health (back home), but i am not sure if the judge will take it into consideration.

I am going to the hearing alone without a lawyer and I would be grateful to the members if they can enlighten me on this matter, and if they can tell what would be the grounds that i should base my appeal on. i absolutely had no idea of such a rule otherwise i would have submitted my medical reports, proving that i was going back for serious illness treatment. Also, in my SET(ILR) APPLICATION I PUT THE REASON FOR GOING OUT ONLY HOLIDAYS AS I DIDNT KNOW THAT IT WOULD MATTER.

Grateful for your replies,

Sorry to say but this is very lame excuse. Tomorrow if you steal something and you get caught, you say to judge "sorry I didn't know that stealing matter so let me go "

Your appeal will be refused.

I understand that but this is the truth!! i am on tier 4

appeal-17 wrote:I understand that but this is the truth!! i am on tier 4

What year do you have this long break? You can count 10 years from there.

You can switch to Tier 2 General from Tier-4 then complete 10 years again.

I do not see any basis for your appeal. Ignorance of law or the rules is not a defence. The ILR under private life route is very specific and if you had long absences from the UK for whatever reason beyond 540 days, your will not be legally eligible for such leave