ILR 10 Year ROUTE GAP

[nailakhan]

hi every one
i have 10 year long residency programme
i applying next week premium serivce

i need to ask that i have gap of 15months i was hospitalized due to accident i have all medical supporting documents from pakistan.
I Have two kids born here my husband is my dependent.
can i get ILR i am so worried
kindly reply me any one can help
thanks
NAILA

[CR001]

You would be asking for discretion and your absence is substantial. Probably unlikely you will get approval. Members have been refused for extremely more compassionate and compelling reasons.

How long were you in hospital for??

What is your full UK immigration history, including visa start and end dates?

[nailakhan]

You would be asking for discretion and your absence is substantial. Probably unlikely you will get approval. Members have been refused for extremely more compassionate and compelling reasons.

How long were you in hospital for??

What is your full UK immigration history, including visa start and end dates?

Hi thanks for ur reply
I was in hospital for 4 months and than 9 months i was under physiotherapist treatment.
I was student than psw and now tier2 General
Visa expire 1st april
ilr due dec 2017

[CR001]

When exactly was this absence and what are the start and expiry dates of all your visas?

[nailakhan]

When exactly was this absence and what are the start and expiry dates of all your visas?

This was happen on 29th sep 2012 i was in Pakistan. That time i have still 3months psw visa to come back to uk.

[CR001]

What are the dates of your Tier 2 General visa??

It might be worth applying based on Tier 2 with 5 years residence.

How long have your dependents been in the UK?

[nailakhan]

When exactly was this absence and what are the start and expiry dates of all your visas?

This was happen on 29th sep 2012 i was in Pakistan. That time i have still 3months psw visa to come back to uk.

Type of visa From TO
Student Visa 09-09-2007 29-03-2010
Tier 4 General Grant me for 6 months till Dec 2012
PSW 28-12-2010 28-12-2012

Tier 4 General 15-12-2013 15-09-2015
Tier 2 General 01-03-2015 01-04-2018

[nailakhan]

What are the dates of your Tier 2 General visa??

It might be worth applying based on Tier 2 with 5 years residence.

How long have your dependents been in the UK?

sorry not possible to continue 5 years on Tier2 i have 3years completed sponsor finish the business already.
thanks for reply

[nailakhan]

What are the dates of your Tier 2 General visa??

It might be worth applying based on Tier 2 with 5 years residence.

How long have your dependents been in the UK?

my dependents are 4 years in uk my daughter is 6 years now she born here but she had gap like me. which may be considered broken

[CR001]

Can't you find another sponsor and continue Tier 2 General??

You cannot include dependents in your long residence ILR application.

If you apply for ILR based on long residence, your partner will have to switch to FLR(M) and meet the English and Financial requirements, which will also reset their clock towards ILR and a new 5 years residence period (2 x 2.5 year visas) before spouse can apply for ILR.

If your ILR is refused, your spouse's FLR(M) will also be refused.

An absence for UK born children is irrelevant if you plan to register them as British once you have ILR.

[nailakhan]

Can't you find another sponsor and continue Tier 2 General??

You cannot include dependents in your long residence ILR application.

If you apply for ILR based on long residence, your partner will have to switch to FLR(M) and meet the English and Financial requirements, which will also reset their clock towards ILR and a new 5 years residence period (2 x 2.5 year visas) before spouse can apply for ILR.

If your ILR is refused, your spouse's FLR(M) will also be refused.

An absence for UK born children is irrelevant if you plan to register them as British once you have ILR.

Thanks for information thts all i iknow already.
If i refuse on premium service and get right of appel so can i try in court. Can i win this cass?

[CR001]

No one can tell you if you would win on appeal on or not if your ILR is refused as the immigration rules are clear that any absence of 180 days or more breaks continuity of residence for ILR based on long residence. HO does not have to exercise discretion either.

Your spouse likely won't have appeal rights for a refused FLR(M) application and will then become an overstayer.

[nailakhan]

No one can tell you if you would win on appeal on or not if your ILR is refused as the immigration rules are clear that any absence of 180 days or more breaks continuity of residence for ILR based on long residence. HO does not have to exercise discretion either.

Your spouse likely won't have appeal rights for a refused FLR(M) application and will then become an overstayer.

but HO Can exercise discretion either its beyond my control and law saying if you have genuine reason than i should try.

"HO does not have to exercise discretion either."
HO have right to exercise discretion in my case. i dont know are you immigration lawyer or not but your answer is wrong

[nailakhan]

No one can tell you if you would win on appeal on or not if your ILR is refused as the immigration rules are clear that any absence of 180 days or more breaks continuity of residence for ILR based on long residence. HO does not have to exercise discretion either.

Your spouse likely won't have appeal rights for a refused FLR(M) application and will then become an overstayer.

but HO Can exercise discretion either its beyond my control and law saying if you have genuine reason than i should try.

"HO does not have to exercise discretion either."
HO have right to exercise discretion in my case. i dont know are you immigration lawyer or not but your answer is wrong

this is answer sir i go it explain to me please thanks

If the applicant has been absent from the UK for more than 6 months in one period and more than 18 months in total, the application should normally be refused. However, it may be appropriate to exercise discretion over excess absences in compelling or compassionate circumstances, for example where the applicant was prevented from returning to the UK through unavoidable circumstances.

[CR001]

It is still at 'discretion', which does not necessarily have to be exercised. This is the point I am making.

Definition of Discretion
discretion
2.
the freedom to decide what should be done in a particular situation.
"local authorities should use their discretion in setting the charges"
synonyms: choice, option, judgement, preference, disposition, volition; Mor

[nailakhan]

It is still at 'discretion', which does not necessarily have to be exercised. This is the point I am making.

Definition of Discretion
discretion
2.
the freedom to decide what should be done in a particular situation.
"local authorities should use their discretion in setting the charges"
synonyms: choice, option, judgement, preference, disposition, volition; Mor

Ok thanks for your help

[Shazzzz]

Hey miss naila I think CR001 is right home office always looking for minor things to refuse people but in your case you were absent for 15 months this is major excuse to refuse your application he is right HO is not exercising discretion these days ...I think you should consult solicitor and try to find way if you not fulfilling all requirements he or she might advice to go for flr ( fp) instead...

[nailakhan]

Hey miss naila I think CR001 is right home office always looking for minor things to refuse people but in your case you were absent for 15 months this is major excuse to refuse your application he is right HO is not exercising discretion these days ...I think you should consult solicitor and try to find way if you not fulfilling all requirements he or she might advice to go for flr ( fp) instead...

Thanks for ur reply. But recently my friend win the case similar like mine. I hope Allah give me success insha Allah.
flr fp i cant fullfill the requirement my little one is 4 years now in uk.
Just pray for me tc

[nailakhan]

You would be asking for discretion and your absence is substantial. Probably unlikely you will get approval. Members have been refused for extremely more compassionate and compelling reasons.

How long were you in hospital for??

What is your full UK immigration history, including visa start and end dates?

Hi ervry one Allahamdulliah i granted ILR .

Today kindly now tell what happen to my depend 2 daughters born here. Husband is dependent
Thanks

[CR001]

Congrats.

Your UK born children can be registered as British under Section 1(3) of the nationality act. Use form MN1.

Your husband will have to switch to FLR(M) and meet the English and financial requirements. His clock toward ILR based on 5 years residence will be reset to zero.

[nailakhan]

thanks for reply....
how long this process takes for my kids and for my husband is any thing faster i mean premium service update me please
also tell me fees for passport and FLR M

THANKS

[CR001]

For FLR(M) yes, there is an in person premium option.

Visa fees from 6th April is £1,033 PLUS £610 for premium service PLUS £500 Immigration Health Surcharge.

Children cannot apply for passports directly as they are not British yet.

You can apply for MN1 online and use the Nationality Document Return Service or you can complete the paper form and apply either at Nationality Checking Service at the council or by post yourself.

There is no same day service for citizenship.

MN1 Registration costs £1,012 each from 6th April. Passport is an extra cost.

[nailakhan]

Thanks
How long takes by post for FLRM
and how long kids takes?

[CR001]

How long takes by post for FLRM

8 weeks, sometimes longer

and how long kids takes?

Couple of months, sometimes longer.