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ILR Refusal - No right to appeal!!

Posted: Wed Sep 07, 2011 10:10 pm
by uk_2010
I had applied my ILR in end of July through Premium service at one of the PEO, in Tier2 category.

I had one long absence outside UK (8 months) and have provided the letter from my employer stating that absence was for business reasons but they have refused my ILR. Also in the refusal letter they have mentioned that I do not have right to appeal because I have valid Tier2 "limited leave to remain".

Can someone please suggest what can I do..?

Re: ILR Refusal - No right to appeal!!

Posted: Wed Sep 07, 2011 11:07 pm
by tariqul5000
uk_2010 wrote:I had applied my ILR in end of July through Premium service at one of the PEO, in Tier2 category.

I had one long absence outside UK (8 months) and have provided the letter from my employer stating that absence was for business reasons but they have refused my ILR. Also in the refusal letter they have mentioned that I do not have right to appeal because I have valid Tier2 "limited leave to remain".

Can someone please suggest what can I do..?
you don't have right to appeal because you have live to remain so you can apply again for ilr but go to a good solicitor for suggestion. which PEO did you apply for your ILR?

Re: ILR Refusal - No right to appeal!!

Posted: Thu Sep 08, 2011 5:35 am
by Bobbylondon
uk_2010 wrote:I had applied my ILR in end of July through Premium service at one of the PEO, in Tier2 category.

I had one long absence outside UK (8 months) and have provided the letter from my employer stating that absence was for business reasons but they have refused my ILR. Also in the refusal letter they have mentioned that I do not have right to appeal because I have valid Tier2 "limited leave to remain".

Can someone please suggest what can I do..?
Hi UK_20,

Were you out of UK continuously for 8 months or you were coming in between to UK? I assume, if you had a single absence out of UK for more than 90 days, it could have been a reason? Let people know, if this was the reason.

Posted: Thu Sep 08, 2011 7:41 am
by uk_2010
Yes, I had been out of UK for continuous 8 months at a stretch for business reason. I had applied at Sheffield.

Anyone has contacts for good solicitors whom I can contact to re-apply please?

Posted: Thu Sep 08, 2011 9:31 am
by skt1977
Can you post some details ?

Were you being paid in the UK during the 8 month period away ?

How much " VALID " leave you have remaining that you can't even appeal ?

regards
SKT

Posted: Thu Sep 08, 2011 10:29 am
by uk_2010
No I was not paid in UK for 8 months when I was absent. It was deputation back to other country and I was paid salary in that country.

I have my leave to remain till 11 more months but now I want to know how and when I can reapply. If I reapply what reasons I should give for my long absence?

Please can somoone suggest...

Posted: Thu Sep 08, 2011 10:51 am
by fora
PEO did not return your premium payment,did they?

Posted: Thu Sep 08, 2011 12:17 pm
by tariqul5000
fora wrote:PEO did not return your premium payment,did they?
that's why it's better to go solihull.

Posted: Thu Sep 08, 2011 4:17 pm
by uk_2010
no at PEO they had kept my application for further approvals and then after 6-7 weeks they have refused it.

Posted: Thu Sep 08, 2011 4:40 pm
by niravm
Its really hard luck.. You can take reference of those who get ILR under similar situation.
when your visa expires? Or if u find difficult then apply for FLR under Tire 2 visa extn

Posted: Thu Sep 08, 2011 4:44 pm
by Lucapooka
uk_2010 wrote:No I was not paid in UK for 8 months when I was absent. It was deputation back to other country and I was paid salary in that country.
Then it seems that it was indeed a correct refusal. You can continue to extend your leave until you have made five years. The new residence period started when you returned to the UK.