ILR rejected - less than 5 years in UK ?

[AAstar]

The dates are

1. Original Visa Stamped : August 2006
2. Extension Visa stamped : September 2008
3. Visa expired : September 1, 2011
4 I applied for ILR : August 2011

Though my visa was stamped on August 2006, I came to UK for a short period of 10 days in October 2006. I returned to the UK in February 2007 for a permanent stay and have been here since.

When I called the Home Office in July 2011, I was told I am eligible to apply for ILR using SET(O) form. I applied and have now received a Rejection Letter because I have not finished 5 years in the UK.
The call centre misled me and now I am stuck.

I cannot re-apply, since I do not have a valid visa (expired on Sept 1 2011) and now learn that I have to leave UK.

This seems to be a big punishment for using a wrong form.

Can anybody provide any guidance and offer advice.

Gratefully with many thanks.

[Lucapooka]

The dates in your other thread is not consistent with the information you are providing here.

[geriatrix]

You must have been given the right to appeal.

Assuming that the only reason for refusal is UKBA's claim that you applied for settlement before completing the "qualifying residential period", please provide exact dates for the following:
1. Date of issue of entry clearance (2006) as HSMP migrant.
2. Date of entry to UK (Oct. 2006).
3. Date of exit (after 10 days).
4. Date of entry to UK (2007).

Also list your absences since entering UK in 2007, and tell us which of those absences were on account of annual leaves or work-related assignments, and which of those were for "other / personal" reasons.

Also, did you enter UK in Oct. 2006 with leave to enter as an HSMP migrant?

These details will help others give you their opinion(s) if an appeal can be successful.

[xyz123]

I applied and have now received a Rejection Letter because I have not finished 5 years in the UK.

This seems to be a big punishment for using a wrong form.

.

these two statements are conflicting. why were u rejected?

[jami]

As your initial clearance was stamped in Aug 2006 that means you fall under HSMP ( post April 2006 -pre Nov 2006 ) hence covered by HSMP JR for extension.

It appears your ILR has been refused due to absence of more than 3 month (Oct 2006 - Feb 2007) which can be disregarded only if it was under compelling compassionate circumstances. It appears no such evidence was filed. Now you can appeal if you have good evidence of reason of absence. Another ground can be that if the absence was not to be disregarded it should have been aggregated as per UKBA guidance on calculating continuous period for ILR.

Alternatively you can apply for extension on Form FLR Tier 1 (HSMP). Though it is late yet as per practice of UKBA extension for 3 years is likely to be granted but it may re-set your ILR clock from the date of this extension(not from Feb 2007). Moreover, if extension is refused you would not get right of appeal.

[AAstar]

Exact dates below :

1. Date of issue of entry clearance (2006) as HSPM –Aug 10, 2006
2. Date of FIRST entry to UK – Oct 1, 2006
3. Date of exit – Oct 6, 2006
4. Date of RE - ENTRY to UK – Feb 4, 2007.

=========================================================

Also list your absences since entering UK in 2007, and tell us which of those absences were on account of annual leaves or work-related assignments, and which of those were for "other / personal" reasons.

Here it is ……

Number of days – when – reason
35 days - between December 2007 and January 2008 – annual paid leave, official work also done
18 days between December 2009 and January 2010 – annual paid leave, official work also done
11 days in December 2010 – annual paid holidays, NO official work done
23 days between January 2011 and February 2011

=============================================================
Also, did you enter UK in Oct. 2006 with leave to enter as a Tier 1 (General) migrant?

No I entered as HSMP


Thank you for all your help.

[AAstar]

One lawyer said I used the wrong form.... he was wrong.
I have used for SET(O) as confirmed by others.

The reason mentioned in the REFUSAL letter is ::: I have not finished 5 years in the UK.

Also could I have applied for normal extension of Tier 1 ?

[geriatrix]

3. Date of exit – Oct 6, 2006
4. Date of RE - ENTRY to UK – Feb 4, 2007.

A single absence of more than 90 days breaks continuous residence in the UK, and your absence is 120-121 days in a single instance.
The decision is not wrong and an appeal will not be successful.

I have assumed that this absence was for "personal reasons" and not due to "work-related assignment through a UK employer" or "annual leave".

Next question:
1. On what date did you receive the letter confirming the refusal? .

[AAstar]

[quote="sushdmehta"][quote="AAstar"]3. Date of exit – Oct 6, 2006
4. Date of RE - ENTRY to UK – Feb 4, 2007.[/quote]A single absence of more than 90 days breaks continuous residence in the UK, and your absence is 120-121 days in a single instance.
The decision is not wrong and an appeal will not be successful.

I have assumed that this absence was for "personal reasons" and not due to "work-related assignment through a UK employer" or "annual leave".

Next question:
1. On what date did you receive the letter confirming the refusal? .[/quote]

===============================================

DATE OF REFUSAL ; OCT 17, 2011

WHAT IS THE SOLUTION ?

YOU ARE AN EXPERT, PLEASE HELP AT A CRITICAL JUNCTURE.

[geriatrix]

Please don't shout.

As suggested by jami, apply for extension using FLR Tier 1 (HSMP) form. Do it as soon as you can, preferably within the timeframe stipulated for you to submit an appeal.

Post queries related to extension application in this topic.

[AAstar]

So sorry, not meant to be shouting....

Do you think the officer should have used discretion and issued me an extension for 1 or 2 years. Especially if I made a premium application and paid so much.


Please guide.

Thank you for helping in my hour of need.

[jami]

An extract from UKBA guidance on "Calculating continous period in UK" reads as under:

"Where continuous residence has been broken, periods may be
aggregated or shortfalls disregarded only with the approval of an
SEO or Grade 7.â€

[xyz123]

Especially if I made a premium application and paid so much.

experts would help you but note that preimium applicaiton was ur choice and that u chose to go for premium appliation against a postal application has no bearing on the outcome of the application! good luck

[AAstar]

As you all know my case.

first year in the UK : 120 days .....

Please give some ideas guys ?

[jami]

High risk high reward - file appeal and get ILR
Low risk low reward - apply extension and get ILR clock re-set from extension in wrost case and from Feb.2007 otherwise

Choice is your and time is running out very fast

[khalidmirza]

High risk high reward - file appeal and get ILR
Low risk low reward - apply extension and get ILR clock re-set from extension in wrost case and from Feb.2007 otherwise

Choice is your and time is running out very fast

Jami is right. Forget the money part for the time being and go for extension or you would be out of game for ever. Please hurry, the extension form for JR cases is very simple and straight forward. Be careful in selecting form
http://www.ind.homeoffice.gov.uk/siteco ... ier1(hsmp)