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ilr refused! plz guide
Posted: Tue Jan 25, 2011 3:21 pm
by guru2009
Hai guys!
My husband was on HsmpJR applied before 3 april 2006, we compeleted our 4 years time in Dec 2010.he is marketing consultant and was under contract with a company abroad according to the contract has to go there when his services needed.he has his visits which were work related as follows:
first trip 5 months
secnd trip 6 months
third trip 4 months
total days spent out of uk 450 days, as e applied with all the documents of prove in december peo corydon they said application is fine but need to make further checks.Today we recieved our documents with passports back and our application is refused

.Letter stating tht secretry of state is not setisfied tht u have spent a continuios period of 5years.and we ill be iligable to apply in2014.
My questions are :
did they considerered our application under HSMP JR cause they did not mensioned HSMP JR in refusal letter?
as they hav alsomentiond tht they are stesfied tht we spent 5 years period as under jr we have to compelete 4 years lawful time.they shud state 4 years instead of 5 years if they were considering our application under under HSMP JR.

pls help me tht can we send our apllication for a review?[/list]
Re: ilr refused! plz guide
Posted: Tue Jan 25, 2011 7:56 pm
by xyz123
guru2009 wrote:Hai guys!
My husband was on HsmpJR applied before 3 april 2006, we compeleted our 4 years time in Dec 2010.he is marketing consultant and was under contract with a company abroad according to the contract has to go there when his services needed.he has his visits which were work related as follows:
first trip 5 months
secnd trip 6 months
third trip 4 months
total days spent out of uk 450 days, as e applied with all the documents of prove in december peo corydon they said application is fine but need to make further checks.Today we recieved our documents with passports back and our application is refused

.Letter stating tht secretry of state is not setisfied tht u have spent a continuios period of 5years.and we ill be iligable to apply in2014.
My questions are :
did they considerered our application under HSMP JR cause they did not mensioned HSMP JR in refusal letter?
as they hav alsomentiond tht they are stesfied tht we spent 5 years period as under jr we have to compelete 4 years lawful time.they shud state 4 years instead of 5 years if they were considering our application under under HSMP JR.

pls help me tht can we send our apllication for a review?[/list]
Not sure if 4 and 5 years matter. The underlying reason for refusal is very long absences from UK which would still apply for continuous stay requirements whether they are 4 years or 5 years. according to home office his clock was reset in 2009 (presumably his last absence from UK). so 5 years from 2009 is 2014....
see a solicitor who would help with all queries. even though they are costly, i think in your case it would be advisable.
Posted: Tue Jan 25, 2011 9:02 pm
by guru2009
Thanx for ur advice. we are definately going to see the lawyer.But plz if u hav anyother good advise regarding my case plz do replay.
thanx
Posted: Tue Jan 25, 2011 9:08 pm
by guru2009
Plz write ur experince if any one else has also been in this situation plz share ur experience tht how did any one handeled this situation.
Posted: Wed Jan 26, 2011 9:45 am
by salina02
Hi Guru2009,
Sorry to hear about your ILR rejection.
Just want to know few things:
When they rejected saying you will be elgible to apply ILR in 2014 did they extended your HSMP visa till 2014 or do you have to apply a fresh application for HSMP extension.
BR
S02
Posted: Wed Jan 26, 2011 11:15 am
by guru2009
Actually we alraedy hav valid visa till oct2011 so they have asked to apply for FLR before expiry of my visa.
Posted: Wed Jan 26, 2011 2:19 pm
by salina02
guru2009 wrote:Actually we alraedy hav valid visa till oct2011 so they have asked to apply for FLR before expiry of my visa.
I am not sure what would have been the case if you would have applied within 28 days of expiry of your visa
option1: Extented your visa till 2014 in the same application fees as you applied for ILR.
option2: would have asked for new application form(FLR) with fees.
Posted: Wed Jan 26, 2011 5:09 pm
by guru2009
hay salina!
Thanx for showing ur concern,can you plz explain the second option in detail.I didnt get tht well!
Posted: Thu Jan 27, 2011 8:14 am
by salina02
guru2009 wrote:hay salina!
Thanx for showing ur concern,can you plz explain the second option in detail.I didnt get tht well!
As they have rejected ILR so you lost the application fees for that, so for new application which would have been HSMP second extension they would have asked you to apply fresh application (with fees) in a short time.
Posted: Fri Mar 18, 2011 9:12 pm
by dineshcv
Guru,
Had you provided the employer letter for those absenses?
Regards,
DReddy