Immigrationboards.com

Hi all,

Do you know what will happen if my ILR application (5 year work permit) get rejected for large absences reason. I was out of the country for 230 days over the last 5 years. If I can exclude the business trips, outgoing, incoming days and public holidays the number come down to 185 days. The annex F states that (I quote):

Where an application for settlement is to be refused only because of lack of continuity of residence but is likely to succeed if re-submitted within a year a suitable extension should be granted on the same conditions as before with a letter indicating that the case for settlement will be reviewed upon application at the end of the further period

I intend to apply on 20th Feb by premium service in Glasgow and my current WP visa will run out on 22nd Feb. Thus, I have some questions and will be very grateful if you can help me:

1. I wonder has anybody was in my situation or knew somebody who was. If so, could you please tell me the outcome? If they extend your visa, what will it be (e.g. type, validity)?

2. Do you know any case the visa got rejected for the same reason and you will need to leave the country?

3. Do you know if the decision will be made in the same day, given that it will not be in Croydon?

4. Lastly, if it get converted to postal application, what will my status be during the waiting time? Am I still eligible to work?

Thank you very much,

Johnny

Can anybody help with my questions?

Thanks,

I have heard that if you are out of country for more than 90 days (for any reason) you can only apply through post.
please wait senior to answer.
I would say go 25 days before expiry of ur visa and see what happens ...

I did not have any trip that is more than 90 days stretch. Just the total number of days that worries me.

Johnny

oh .. then it should be fine ... just apply 25 days before expire (even if you need to give extra money to solicitor) .... so that u have time incase ilr is not given.

HI All,


I got my Initial HSMP Visa in March 2006. and got extended under TIER1 general in march 2008 for 3 years until march 2011.
Now i am planning to apply for ILR in this march(2010) under the new judiciary rules( 4 years PR). But i have been outside the UK in 2006 under HSMP for 105 days continously from sep 06-dec06 and more than 200 days outside overall in the last four years. But for 2006 i have a letter from my UK employer that i went to india on training for 3.5 months..
My question is -is it better to apply for ILR this march or can i
WAIT until december this year so that i can then match the continous stay in the UK ? is the second option valid as my present tier1 visa is valid until march 2011.

Many Thanks

johnnyng wrote:Hi all,

Do you know what will happen if my ILR application (5 year work permit) get rejected for large absences reason. I was out of the country for 230 days over the last 5 years. If I can exclude the business trips, outgoing, incoming days and public holidays the number come down to 185 days.

it was discussed here before - any paid leave is not counted towards 180 days absence
so if you have say 25 calendar day off from your employer then take them off the total number.
all dates need to be listed in the form but marked accordingly.

kamalin10 wrote: it was discussed here before - any paid leave is not counted towards 180 days absence
so if you have say 25 calendar day off from your employer then take them off the total number.
all dates need to be listed in the form but marked accordingly.

I highly doubt it. Even if the days out are on paid leave, you cannot discount them.

johnnyng wrote:

kamalin10 wrote: it was discussed here before - any paid leave is not counted towards 180 days absence
so if you have say 25 calendar day off from your employer then take them off the total number.
all dates need to be listed in the form but marked accordingly.

I highly doubt it. Even if the days out are on paid leave, you cannot discount them.

you can doubt anything you like search forum, plenty of discussion about absence from the UK

johnnyng wrote:Hi all,

Do you know what will happen if my ILR application (5 year work permit) get rejected for large absences reason. I was out of the country for 230 days over the last 5 years. If I can exclude the business trips, outgoing, incoming days and public holidays the number come down to 185 days. The annex F states that (I quote):

Where an application for settlement is to be refused only because of lack of continuity of residence but is likely to succeed if re-submitted within a year a suitable extension should be granted on the same conditions as before with a letter indicating that the case for settlement will be reviewed upon application at the end of the further period

I intend to apply on 20th Feb by premium service in Glasgow and my current WP visa will run out on 22nd Feb. Thus, I have some questions and will be very grateful if you can help me:

1. I wonder has anybody was in my situation or knew somebody who was. If so, could you please tell me the outcome? If they extend your visa, what will it be (e.g. type, validity)?

2. Do you know any case the visa got rejected for the same reason and you will need to leave the country?

3. Do you know if the decision will be made in the same day, given that it will not be in Croydon?

4. Lastly, if it get converted to postal application, what will my status be during the waiting time? Am I still eligible to work?

Thank you very much,

Johnny

Hi Johnny,

Please can you let us know if you have come across any appropiate answer:

I wonder has anybody was in my situation or knew somebody who was. If so, could you please tell me the outcome? If they extend your visa, what will it be (e.g. type, validity)?

2. Do you know any case the visa got rejected for the same reason and you will need to leave the country?

Regards
sa

if for some reason ILR got rejected due to abesences...i would think the WP holder can apply for FLR and later on apply for ILR when the eligibility is reached