ILR long residency refused

[shan101]

Dear respected members this forum is really helpful and I am here after a while. My wife intends to apply for 10 Years long residency ILR end of July 2024.
She came to UK on 6 July 2014 but problem is that she was absent from UK for 225 days between 2 April 2018 and 6 Nov 2018. She has another absent of 52 days between 26 Jun 2023 and 17 august 2023. She has been on FLRFP for the past 5 years. It will be highly appreciated if the following queries be answered as am confused with the 12 month period.
1 if she applies on 25 July 2024 ,how would they calculate her 12 month period for absences ?
2. What documents are required apart from passports, BRP, life in the Uk and B1 english test?
3. can she apply for same day service paying extra fee?

Many many thanks in advance

[zimba]

If she was absent continuously from the UK for 225 days between 2 April 2018 and 6 Nov 2018, then her continuous lawful residence is broken and she does not qualify for ILR under the long residence

[shan101]

Thanks Zimba you have a great knowledge but i think you may have misunderstood here or I might be wrong. please take some time and carefully read the scenario.
This is the continous residenc eguidance page 32
The 12-month period
If the applicant’s qualifying period includes permission granted before 11 January 2018, any absences during that period of permission are considered in consecutive 12-month periods ending on the date of application.
Absences from the UK during a period of permission granted on or after 11 January 2018 are considered on a rolling basis over any 12-month period.


According to the above guidance ,my wifes absences were in prior to 11 January 2018 leave, hence her 12 months period would be the application date which would be 25 July 2024.So some absences would be in the 12 months before 25 July and rest would be in the 12 months after 25th July. is her continous residence still broken.
The above is my calculations as i said earlier I might be completely wrong. could be please clarify the confusion also when you have time reply to the other two questions as well.
highly appreciated

[zimba]

I know the guide looks a bit confusing but that does not apply to the long-residence.
This is explained in the Long Residence guide:

Appendix Continuous Residence (at paragraph CR 2.2A) recognises that its provisions are different from the previous long residence rules at paragraph 276A and makes transitional arrangements specifically for long residence applicants.

These transitional arrangements preserve the position that continuous residence will be broken if an applicant has been absent from the UK for more than 184 days at any one time or for more than a total of 548 days overall, where that absence started before 11 April 2024.

Paragraph CR 4.1.(d)(iii) also preserves the position in the rules as of 10 April 2024 for applicants who had permission when they left the UK and returned to the UK with a valid permission, provided they do not exceed the limit of permissible absences.

https://www.gov.uk/government/publicati ... accessible

[shan101]

thanks for the information but how would they calculate the 12 month period for the applicants before 11 april 2024 leave and absences?

[zimba]

thanks for the information but how would they calculate the 12 month period for the applicants before 11 april 2024 leave and absences?

Again, there is no 12-month-based absence limit at all. That does NOT apply to the long residence route at all. Long residence route never ever had a 12-month based absence limit at all.

The absence limits are as below:

•If the period/window of absence started before 11 April 2024, then the old rules apply (as per the transitional arrangements I quoted above). So no continuous absences of more than 184 days and your absences should not be more than 548 days of absence in total.

• For any period/window of absence started after 11 April 2024, only the 184 day rolling calculation applies. So you count the number of days you have been absent in ANY 365 day period and they should not exceed 184 days in total. There is no 548 days limit. That is all

[shan101]

Ok thanks much appreciated

[shan101]

My wifes ILR on 10 years route have been refused as home office do not accept her sickness certificates from Pakistan. She had 7 months abscence back in 2018 due to ill health. Now they are giving 30 months FLRFP visa and asking for IHS.
Please help me
1. whether she can appeal this decision?
2 or reapply with more sickness certificates etc in details

Thanks

[zimba]

1. As advised before, your wife did not qualify for ILR. The UKVI is not obliged to exercise any discretion.
It is possible to appeal the decision on a long residence route application, as it is considered a human rights application:

You must accept and consider a long residence application as a human rights claim submitted by an applicant who has an outstanding appeal. If a decision is reached before the appeal hearing, this decision can be considered as part of the appeal.

https://www.gov.uk/government/publicati ... accessible

2. This is up to you

[jj809211]

Hello
I have same issue
Arrived in 12 july 2015 and still have valid visa till april
2028
My ten year completed but only problem that one trip outside in uk for 270 day. During may 2017 till feb 2018.

I am still not apply for ilr via long residency.

Not other option but to wait for 2027 august

[shan101]

1. As advised before, your wife did not qualify for ILR. The UKVI is not obliged to exercise any discretion.
It is possible to appeal the decision on a long residence route application, as it is considered a human rights application:

You must accept and consider a long residence application as a human rights claim submitted by an applicant who has an outstanding appeal. If a decision is reached before the appeal hearing, this decision can be considered as part of the appeal.

https://www.gov.uk/government/publicati ... accessible

2. This is up to you

Thanks Zimba for your help again, The decision letter doesnt say anything about appeal. it just says your continuous stay has been broken therefore your application for ILR has been refused and your application has been varied to further leave to remain. Therefore we treat this application as fruther leave to remain.
1. i have spoken to the solicitor who was representing us he said since its not been refused neither it says we can appeal, therefore we can't appeal this decision. Is he right?
2. He also saying we should pay teh IHS fee to get our stay regularised then we can appeal the ILR refusal through PAP and JR. is it possible?
3. can we still appeal if the decision letter doesn't say anything about appeal?
4.If we dont pay IHS and appeal this ILR refusal then where should we appeal like first tribunal or JR?
finally
5. if we dont pay IHS and appeal this decision and if, for any reason our appeal is rejected ,would our continuous stay be broken and waht other options we would have.

Cheers mate for your precious time TC

[zimba]

1. Correct. If the application is not refused, there is no refusal decision to appeal. They are offering to put her under the 10-year family route

2. If there is no refusal, then there is no appeal as I explained. Note that a judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body like the Home Office. Being refused a visa or ILR when she clearly did not qualify, is not an unlawful act. You need to have proper legal ground to stand on. Be aware that solicitors offer to take these kinds of actions as it is lucrative for them.

3. Whatever that is on the decision letter will not change your rights

4. If you do not pay the IHS, then UKVI will refuse the application for failure to pay IHS. Then you can pursue the appeal

5. If the appeal fails and you exhaust your appeal options, the section 3C will come to an end the applicant becomes an overstayer. They then have to apply for a new visa extension within 14 days.

[shan101]

Thanks again Zimba for your kind information. We still have few days, will decide which option to go for. I will update you here and you may leave this thread open if thats okay.

reagrds