Immigrationboards.com

Posted: **Mon Oct 16, 2017 4:54 pm**

Dear All,

A close friend has a gap of 800+ days who will be here for 10 years in the coming months.

The reason for the gap is mainly because she had to travel to take care of her terminally ill mother (other siblings were not able to travel and be with her), who sadly passed away in 2015. Majority of the travelling had been during the time when illness was diagnosed and during treatment and till she passed away. Since her passing away my friend has traveled quite less and only to see her father.

My friend was born in the UK but does not have a British passport, nor her parents have a British passport, however her uncles and aunties (blood relatives) from her Mother’s side and Fathers side are here who she has been living with since the past 10 years.

What are the chances of getting the ILR on discretionary basis and should he apply for a premium service so that she is able to explain this situation in a better way?

Also it would be great to have guidance in terms of what necessary documents should be furnished.

Sorry for the long post and looking forward for your replies.

Thanks.

Posted: **Mon Oct 16, 2017 5:01 pm**

What year was your friend born?

What is your friends full immigration history in the UK?

What were her parents immigration status when she was born?

Important to note that Premium service is NOT an interview.

Posted: **Tue Oct 17, 2017 12:19 pm**

CR001 wrote: ↑
Mon Oct 16, 2017 5:01 pm
What year was your friend born?

What is your friends full immigration history in the UK?

What were her parents immigration status when she was born?

Important to note that Premium service is NOT an interview.

Was born in 87

came to the uk in 2008 as a student, switched to psw and then back to student. no issues such as refusal, gaps or etc. clean immigration history.

parents were both Pakistani nationals when she was born. Mother came to the UK (as her family is here) however father was not present here.

thank you for your suggestions in advance.

Posted: **Tue Oct 17, 2017 12:27 pm**

aaliya1986 wrote: ↑
Tue Oct 17, 2017 12:19 pm

CR001 wrote: ↑
Mon Oct 16, 2017 5:01 pm
What year was your friend born?

What is your friends full immigration history in the UK?

What were her parents immigration status when she was born?

Important to note that Premium service is NOT an interview.
Was born in 87

2008 as a student, switched to psw and then back to student. no issues such as refusal, gaps or etc. clean immigration history.

parents were both Pakistani nationals when she was born. Mother came to the UK (as her family is here) however father was not present here.

thank you for your suggestions in advance.

Maybe I have misread it, but was she born in the UK then left the UK and came back aon a student visa in 2008?

Or was the person born outside the UK in ''87''?

Posted: **Tue Oct 17, 2017 2:17 pm**

CMOSUK wrote: ↑
Tue Oct 17, 2017 12:27 pm

aaliya1986 wrote: ↑
Tue Oct 17, 2017 12:19 pm

CR001 wrote: ↑
Mon Oct 16, 2017 5:01 pm
What year was your friend born?

What is your friends full immigration history in the UK?

What were her parents immigration status when she was born?

Important to note that Premium service is NOT an interview.
Was born in 87

2008 as a student, switched to psw and then back to student. no issues such as refusal, gaps or etc. clean immigration history.

parents were both Pakistani nationals when she was born. Mother came to the UK (as her family is here) however father was not present here.

thank you for your suggestions in advance.
Maybe I have misread it, but was she born in the UK then left the UK and came back aon a student visa in 2008?

Or was the person born outside the UK in ''87''?

apologies if it was not clear in the initial posts.

she was born in the uk in 87 and then left in 6 months. and returned in 2008 on a student visa.

Posted: **Tue Oct 17, 2017 2:44 pm**

aaliya1986 wrote: ↑
Tue Oct 17, 2017 2:17 pm

CMOSUK wrote: ↑
Tue Oct 17, 2017 12:27 pm

aaliya1986 wrote: ↑
Tue Oct 17, 2017 12:19 pm

CR001 wrote: ↑
Mon Oct 16, 2017 5:01 pm
What year was your friend born?

What is your friends full immigration history in the UK?

What were her parents immigration status when she was born?

Important to note that Premium service is NOT an interview.
Was born in 87

2008 as a student, switched to psw and then back to student. no issues such as refusal, gaps or etc. clean immigration history.

parents were both Pakistani nationals when she was born. Mother came to the UK (as her family is here) however father was not present here.

thank you for your suggestions in advance.
Maybe I have misread it, but was she born in the UK then left the UK and came back aon a student visa in 2008?

Or was the person born outside the UK in ''87''?
apologies if it was not clear in the initial posts.

she was born in the uk in 87 and then left in 6 months. and returned in 2008 on a student visa.

OK, got that part now, thanks.

As advised by CR001 you are best to probably post the relevant information asked as that will help understand the dynamics involved.

Again she has asked for the below:

CR001 wrote: ↑
Mon Oct 16, 2017 5:01 pm
What year was your friend born?

What is your friends full immigration history in the UK?

What were her parents immigration status when she was born?

Important to note that Premium service is NOT an interview.

Posted: **Tue Oct 17, 2017 4:57 pm**

CMOSUK wrote: ↑
Tue Oct 17, 2017 2:44 pm

aaliya1986 wrote: ↑
Tue Oct 17, 2017 2:17 pm

CMOSUK wrote: ↑
Tue Oct 17, 2017 12:27 pm

aaliya1986 wrote: ↑
Tue Oct 17, 2017 12:19 pm

Was born in 87

2008 as a student, switched to psw and then back to student. no issues such as refusal, gaps or etc. clean immigration history.

parents were both Pakistani nationals when she was born. Mother came to the UK (as her family is here) however father was not present here.

thank you for your suggestions in advance.
Maybe I have misread it, but was she born in the UK then left the UK and came back aon a student visa in 2008?

Or was the person born outside the UK in ''87''?
apologies if it was not clear in the initial posts.

she was born in the uk in 87 and then left in 6 months. and returned in 2008 on a student visa.
OK, got that part now, thanks.

As advised by CR001 you are best to probably post the relevant information asked as that will help understand the dynamics involved.

Again she has asked for the below:
CR001 wrote: ↑
Mon Oct 16, 2017 5:01 pm
What year was your friend born?

What is your friends full immigration history in the UK?

What were her parents immigration status when she was born?

Important to note that Premium service is NOT an interview.

Immigration history
2008 - 11 - student
11 - 13 PSW (majority of the holidays have been during this time)
13 - 18 student

parents immigration history
mother - came to the uk to deliver the baby and returned with the baby within 6 months- visit visa
father - was not in the uk

Posted: **Thu Oct 19, 2017 4:42 pm**

any advises please?

Posted: **Thu Oct 19, 2017 4:46 pm**

High risk of refusal as her absences are excessive and well above the permitted 540 days, that is besides the rule that a continuous absence of 180 days or more breaks continuity of residence for 10 years long residence.

Posted: **Sun Oct 22, 2017 2:47 pm**

CR001 wrote: ↑
Thu Oct 19, 2017 4:46 pm
High risk of refusal as her absences are excessive and well above the permitted 540 days, that is besides the rule that a continuous absence of 180 days or more breaks continuity of residence for 10 years long residence.

Is there no chance at all?

I mean there were genuine and compassionate reasons as to why this happened. Her mother also passed away and there are documents from a well reputed hospital to support this.

Secondly, majority of her uncles and aunties are here and she has been living with them for all this time. Documents to prove this as well.

Is there no chance at all?

Will a solicitor be able to help in this case or she can do it by herself if sufficient documents are furnished?

thanks for the help.

Posted: **Sun Oct 22, 2017 3:16 pm**

A solicitor has no influence on an application with HO.

There have been members posting on the forum for a couple of years now having been refused long residence ILR even with exceptionally compassionate reasons, similar to your friends.

What is the longest single absence your friend has had and if more than one long absence, how long were any other single absence periods?

Posted: **Mon Oct 23, 2017 6:22 am**

This is not big deal.
Applicant get ILR on the basis of long RESIDENCE 10 year.

Compelling and compassionate grounds.

Give me 2 answer.
1. Absence over 6 month you have
2. Total absence over 800 days

I have also absence over 540 days.
Remember most of SOLICITOR are not capable to write exact draft.

You will get ILR
100 percent

I can suggest you how you do it.

Reply me

Posted: **Mon Oct 23, 2017 7:26 am**

CR001 wrote: ↑
Sun Oct 22, 2017 3:16 pm
A solicitor has no influence on an application with HO.
offcourse i do understand that a solicitor will have no influence on her application, it was more like whether a solicitor will be able to help in drafting a case in a better manner than her doing it by herself.

There have been members posting on the forum for a couple of years now having been refused long residence ILR even with exceptionally compassionate reasons, similar to your friends.

What is the longest single absence your friend has had and if more than one long absence, how long were any other single absence periods?
there were two long absences
in 2012 -
1st leave - 110
2nd leave - 220
both of these travels were within 2012 because of the treatment taking place during this time,

Posted: **Mon Oct 23, 2017 7:29 am**

spreekhan wrote: ↑
Mon Oct 23, 2017 6:22 am
This is not big deal.
Applicant get ILR on the basis of long RESIDENCE 10 year.

Compelling and compassionate grounds.

Give me 2 answer.
1. Absence over 6 month you have
2. Total absence over 800 days

I have also absence over 540 days.
Remember most of SOLICITOR are not capable to write exact draft.

You will get ILR
100 percent

I can suggest you how you do it.

Reply me

Thank you for the encouraging reply. It does sound that there is a chance that she can get the ILR. It would be really heartbreaking to see her getting refused as she really had genuine and compassionate reasons because of which these absences occurred.

1. absence over 6 month - only 1 in 2012
2. total absence over 800 days - around 810-812 during the whole 10 years.

thanks you for help and suggestions in advance.

Posted: **Tue Oct 24, 2017 11:00 am**

Hi you have to read your self .

https://www.gov.uk/government/publicati ... riod-in-uk

It's you can search in Google.

INDEFINATE leave to remain calculating continuous period version 15.0.

Read page 16.

Read absence for serious compelling reason.

Serious illness you and your close relative.

Read serious illness in Google I give you example like kidney failure it's more than 40.

Your all case will be established on that line.

Your travel two times which cost that absences.

I tell you how to do it.

First explain your family tree.
Like how many brother and sister in your family. And father.

Established answer that why your attendance in your country related to your mother treatment.

Why other member of family cannot look after your mother.

This is the question your case will be established.

Than during your visit.
1. Letter from doctors that you are responsible for your mother treatment.
2. All medical reports during that time original like x-ray. Ultrasound blood tests.
3. Your mother death certificates.
4. What problems you face during these trips.
5. Letters from other family member that they do not available for your mother care.
Like they study full time or jobs.their comments to other stuff. And you have no option to stay back home to take care your mother.

6. Also what impact of this absence in your life in uk.
Like study or your job you lose just because of that.

Remember if you read guidance of 10 year long residence

Regarding absence they have option .
Eco May give you DISCREATION on absence .
Both cases
1. Single Absence over six month
2. Absence over 540 days.

He will judge your case till how long your absence is
Compelling and compassionate.

So your avidence should cover your all days of your evidence.

Second.

Established that why you want to stay in uk.
1. Your families in uk.
2. Your job in uk.
3. Your study in uk.
4. You emerge in British SOCIETY.
5. Letter from British national regarding support your claim.
Friends.
FAMILY.
Profeesional like school university where you work.
6.your all picture from last 10 year to established your ties in uk.

Established your reason

Why back home is not suitable for you to live after spending 10 year in uk.

Any
Voluntary work you done in uk
This is very important thing to support your claim.

Because the day you break 540 day.

You finish all things
And your count down start from zero.

So if you understand that what mistake you have done. It's push you out. Side the contest.

Any why if you manage all stuff you will get desecration over your absence.

Also remember if you have ties in uk same application you also ask for desecration LEAVE TO REMAIN visa.

No one can make this draft for you.
You have to do it your self. Because you know your absence circumstances very well.

All give EXPLANITION that why you take SECOND trip. Reason s as well.

It's all more than 100 documents.

Make it your self.

It's not easy to satisfy eco that your reason is valid .

But you to established your case on that.

I hope it will clear your problem.

Also established that you and your mother has very strong relationship in family she relies on your support.

Your evidence should be DATED.
They can cal and verify for that.

Good luck

Posted: **Tue Oct 24, 2017 11:06 am**

Last question.

Before your mother pass awey 2015 .
Are in back home.
Or.
You travel after death of you mother.

This you have to explain as well.
Other wise. They said for care you stay over six month.

But when your mother last stages you in uk.

If you in uk .

Your have to explain that reasons.
As well

Posted: **Tue Oct 24, 2017 11:09 am**

spreekhan wrote: ↑
Tue Oct 24, 2017 11:00 am
Hi you have to read your self .

https://www.gov.uk/government/publicati ... riod-in-uk

It's you can search in Google.

INDEFINATE leave to remain calculating continuous period version 15.0.

Read page 16.

Read absence for serious compelling reason.

Serious illness you and your close relative.

The link you have provided is NOT relevant to ILR long residence. It is for ILR based on 5 years PBS routes.

See Long Residence Caseworker Guidance (click)

Posted: **Tue Oct 24, 2017 12:11 pm**

I know that.

But if you read page 16.
Regarding absence reason is so many .
I got desecration on absences I do same got indedinate on 10 year basis. In 2016.

That is example of absence reason .

It could be apply in any visa I MAKE MY arguments on this line.
Serious illness you and your close relative.

When in 10 year guide
Eco gives you DISCREATION absence over six month.
It doesn't mein days limit over ther.

So many SOLICITOR said me same thing like you that I do not win at any COST.

I have 600 days DISCREATION absence reason can you believe it.

Only you have to established case.

Posted: **Mon Dec 04, 2017 4:41 pm**

Thanks spreekhan. Its helpful and i have informed the friend.

Anyone else who has been in the same situation and got the ILR?

Also is it okay to go same day in this case so that this can be explained to the case worker face to face?

Posted: **Mon Jan 22, 2018 1:48 pm**

Hi All,

SET LR was applied and discretion was sought for the excessive days. There were 4 trips which had compassionate circumstances and if they were accepted the overall days would come down to less than 540 days.

At the PEO, she was not granted ILR instead the senior executive case worker offered her a FLR FP for 30 months because my friend has a large number of family members in the UK.

The ILR was denied because for 1 trip compassionate grounds were not accepted which meant the overall days went to 553 days.
Now in April 2018 her overall absence days will come down to 536 because she had a holiday of 13 days in April 2008.

The Questions

1. Will she again be able to apply in April 2018 and get the ILR?
2. As discretion was applied for 3 of the 4 long holidays, will that decision of the senior case worker stay, or will it be re-assessed again? and there is a chance that it may not be given in the SET LR application.

Please feel free to share other points as well. I would really appreciate you honest opinions

Posted: **Tue Jan 23, 2018 1:23 pm**

Hi All,

I am really looking forward for some advises on this case. I would very much appreciate your response guys.

thank you in advance.

Posted: **Tue Jan 23, 2018 1:31 pm**

Yes you can apply again April 2018.

And show all history of last application which they accept reasons of your trips.

Again ask discretion on absense. Write full explanation regarding last application than whole process will again look after with seniors case worker.

You will get it.

Hope fully.
Go on window where you can defend your argument face to face

Posted: **Tue Jan 23, 2018 1:35 pm**

spreekhan wrote: ↑
Tue Jan 23, 2018 1:31 pm
Go on window where you can defend your argument face to face

Premium service is not an interview and nor is it a 'defend your argument' appointment.

Posted: **Tue Jan 23, 2018 3:19 pm**

spreekhan wrote: ↑
Tue Jan 23, 2018 1:31 pm
Yes you can apply again April 2018.

And show all history of last application which they accept reasons of your trips.

Again ask discretion on absense. Write full explanation regarding last application than whole process will again look after with seniors case worker.

You will get it.

Hope fully.
Go on window where you can defend your argument face to face

Thank you for a positive response spreekhan, as always, i very much appreciate it.
we did try to explain it to them same day and the case worker did listen and go back to the senior executive but decision was not changed.

CR001 wrote: ↑
Tue Jan 23, 2018 1:35 pm

spreekhan wrote: ↑
Tue Jan 23, 2018 1:31 pm
Go on window where you can defend your argument face to face
Premium service is not an interview and nor is it a 'defend your argument' appointment.

I agree with CR001 that it is not interview.

Dear CR001, do you think applying in April 2018 should be okay? previous directions will be given again because they were given previously?
Lastly will the same 28 day rule apply again?

thanks

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