ILR feedback ..... refused

samkma · Post by **samkma** » Wed Oct 26, 2011 6:35 pm

Hi Vishal,
Did you get your acknowledgement letter and has the payment been taken from your account/card?
Abortion - is commonly known as miscarriage! using word abortion can mean induced expulsion, so did your wife have an abortion or miscarriage and what medical documents did you submit?

vishaljelly · Post by **vishaljelly** » Thu Oct 27, 2011 9:12 am

khalidmirza · Post by **khalidmirza** » Thu Oct 27, 2011 11:49 am

vishaljelly wrote:
samkma wrote:Hi Vishal,
Did you get your acknowledgement letter and has the payment been taken from your account/card?
Abortion - is commonly known as miscarriage! using word abortion can mean induced expulsion, so did your wife have an abortion or miscarriage and what medical documents did you submit?
Hi Samka,
First let me thank you for your reply !
Yes the fee has been debited and I received the acknowledgement on 14th of Sept itself
Also I wrongly mentioned it as abortion actually It was a miscarriage due to some other health issues and she had to admit to the hospital immediately and we both believed it is safe to be in India than to be here for few obvious reasons
She has got a big file of medical records including the treatment she has undergone and clearly indicating the health status at any point of time during her admission in the Nursing home back in India
Also of 6 months of her stay in India at a stretch she was paid in full for three months so indirectly it could prove that she was in UK for three months ( she works for an IT company as a a software Tester) with all the financial tie ups only physically she wasn't here
Please reply your opinion in your spare time
Cheers
Vishal Aparna

Just a piece of advice. Please do not indicate that it was your choice for delivery in India due heath reasons as it is not a very strong argument. However falling sick/miscarriage during your holidays definitely constitute a strong case for waiver. I hope with medical records you should be able to make it. Postal application delays are common and not to be worried

vishaljelly · Post by **vishaljelly** » Thu Oct 27, 2011 5:53 pm

khalidmirza · Post by **khalidmirza** » Thu Oct 27, 2011 6:09 pm

vishaljelly wrote:Hi ,
In this case, If we get refused ILR does our ILR clock resets and starts again from count 1? I.E. we need to spend another five years continually to qualify for our ILR?
But we have spent four years continuously without any break so that doesn't mean anything ?
There is no clear definition as to what a compassionate ground can be ?
is that death? sickness ? if so what is the intensity of the sickness should be ?
when there is no specific answer we will not have the right answer
All we are going through is frustration and painful waiting
Six weeks for tomorrow and no news
If anyone could comment on if we get rejection is that going to be an outright rejection or at least could we expect a threshold period to cover the months she was away from uk which happened to some fortunate people

Since I am not aware of your previous absence, I presume you had continuous stay for 4 years. This definitely will be in your favour but no one can predict as it is discretionary powers of case workers. I am not fortune teller but if u had 4 years continuous stay, I think u stand better chances. Delay is in your favour as to condone the period is decided at higher level, so u can expect delays. Best of luck

vishaljelly · Post by **vishaljelly** » Thu Oct 27, 2011 6:28 pm

vishaljelly · Post by **vishaljelly** » Fri Oct 28, 2011 5:39 pm

alok_singh · Post by **alok_singh** » Fri Oct 28, 2011 6:08 pm

In general , you might get a transitional arrangement to complete your 5yrs is aggegation of days is shoftfall of reqruiement.

but the decision is with SEO grade 7 .

Good Luck ,

Better to be prepared for In preson appointment for extenstion with all documents ready. Most likely this will not be needed but no harm in being prepared.

vishaljelly · Post by **vishaljelly** » Fri Oct 28, 2011 6:52 pm

vishaljelly · Post by **vishaljelly** » Mon Oct 31, 2011 5:45 pm

vishaljelly · Post by **vishaljelly** » Fri Nov 04, 2011 5:31 pm

jami · Post by **jami** » Fri Nov 04, 2011 9:00 pm

Sorry to know of refusal.
It appears to be un-fair and contrary to UKBA own guidelines. Their guideline cater for longer absence due to compelling grounds of compassionate nature.

Whereas UBKA circular to legal representatives using same day service require them to provide evidence of maternity and death etc in the context of absences of more than 3 months at a time.

When maternity has been mentioned as an example of longer absences due to compelling ground of compassionate nature than refusal is not fair.

Please do not say Good Bye to this forum and keep on posting up dates and/or seeking any advice

khalidmirza · Post by **khalidmirza** » Sat Nov 05, 2011 2:24 pm

vishaljelly wrote:Today received the ILR refusal, citing the absence of more than 180 days at a stretch as expected

Bottom line is whatever the reason definitely it will not be considered at any cost

One thing for sure whoever have dealt our case and refused has not done justice by any stretch of imagination

ALL IN THE GAME

Thanks for those members who bothered to analyze and post a response
GOODBYE

I was disappointed by the decision but not to worry. Did they give you appeal right .Please print the following link for further perusal

http://www.whatdotheyknow.com/request/7 ... /FOI25.pdf

AshMad · Post by **AshMad** » Tue Nov 08, 2011 9:42 pm

Hi Vishal,

Do not loose hopes. To me it looks like a gross misjudgement on UKBA part.

I think people like Jami, Sushdmehta & Khalid contribute a lot in the forum and they do feel that your case stands compassionate grounds by UKBA.

I think you should go in for a Judicial Review.

Jami, Sush & Khalid may be the right people in guiding you as to how you file for JR.

All the best and JR should revert the decision in your favour.

Regards
Ash

vishaljelly · Post by **vishaljelly** » Tue Jan 10, 2012 6:19 pm

settled_now · Post by **settled_now** » Tue Jan 10, 2012 7:07 pm

Just my opinion, but I see two problems with your case:

1) Absense of >6 months, >3 months is difficult ( must go to SEO for decision ) but > 6 months, you're getting into a real difficult area

2) "we both believed it is safe to be in India than to be here for few obvious reasons ". I am personally not convinced of this argument - I think you can forget about convincing anybody in the UK government.

I see #2 quite often here??!! Is that really what you believe? Or is this just a common tactic to cover for an extended Indian vacation?

mk357 · Post by **mk357** » Tue Jan 10, 2012 7:59 pm

vishaljelly wrote:Hi All,

I just wanted to mention for those who are due to apply ILR but have breached the rule of five year continuous stay for some reason especially due to medical reasons please consider carefully as there is a very very remote or precisely no chance of getting ILR granted

The truth is firstly you have breached the immigration rule which is a major plus point to the HO and wherever there is even a small loop hole, the HO will definitely exercise its discretion against the applicant's favor and will do every effort to cut it down and by law they are absolutely right and no one can do anything

Next comes to the usage of discretion which does not exist at all at least for the likely medical ground beneficiaries in the first place, if some thing of that kind existed they would have approved many genuine cases based on medical grounds because a doctor is the one who has to decide based on he medical condition whether this case qualifies for compassion or its just produced for for sake of some purpose and I am damn sure a refusal officer will not contact a qualified person to get an opinion on this issue
Refusal officer himself uses his discretion with his limited knowledge and the outcome will obviously the the unfair one !

The other factors as some are suggesting in this forum like producing spouses wage slips and trying to prove their tie ups with this country providing evidence such their children education in this country ,property ownership all play a nominal role and will not really help much to get the success

HO is so prejudiced and very eager to cut down the applicants wherever possible

In my experience instead of posting go straight and try yo convince the officer that you qualify for compassion and be assertive in proving that this illness should qualify for compassion and make them to think in your favor if luck permits and god willing one might get it also

GOOD LUCK to those who want to use the medical ground as a compassionate reason

Vishal

Sorry to hear about your case. I know of one case (through one of my colleague) where a person spent 5 months (about 144) at a stretch for medical reasons in his country. He went to PEO and as usual the CW asked for further medical documents and on submission those documents he was given ILR within a week. Although he spent 144 days at a stretch but as a whole he was within 180 days in total in the 5 years period. I think it varies from CW to CW and SEO to SEO.

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