ILR Decision Deferred - PEO Croydon - 28/03/12

[Londonguy79]

So I also went to the Croydon PEO today (Wed 28th March 2012) for ILR.

My story is I am Australian and my wife is from the Czech Republic. We met in Australia. She went back to the Czech Republic so I decided to move to London under a two year working holiday visa. We dated for five years and then got married in Prague in Sep 2010.

I arrived Aug 2005. I was on the working holiday visa for one year then swapped to a work permit. I was on that for one year then swapped to Tier 1 for 4 years.

Because my wife is Czech over the 5 year period my whole days out of the UK totalled 275. This is because when we were dating I would travel to Prague most weekends from London and also for our wedding and xmas holidays. My longest consecutive period out of the UK was 31 days.

They have deferred the decision on my ILR because the lady said I am "way over" my allowed days outside of the UK. I thought having a Czech wife would be a good enough reason but it doesnt look like it.

So now I have to play the waiting game for them to send my passport back to me with a decision.

Does anyone know how long this might take? Do I now go behind all the postal ILR applications? Or will it be quicker because I was PEO?

On my days outside of the UK I did a very nice excel spreadsheets with dates and also the pages for stamp in stamp out and stamp back into the UK. One thing I thought of I used the IRIS system to enter the UK a few times maybe they need to confirm that so they are sure of the days away.

The letter they gave me does not request anything it just says the following:

**********

Dear Mr ...

I am writing to acknowledge receipt of your application.

Your application is valid but there are further enquiries that need to be made on your case and as such your application as been passed to a team where these enquiries can be made. In light of this we are keeping all of the documents submitted with your original application which will be held until a final decision is made"


************

Do you think this is bad news? Or is there a chance it might be approved? I have lived in London for seven years I have made a life here with my wife and I want to stay. I also work hard and honestly. I do not understand why does the UK government care where I spend my weekends? Just because my wife is Czech and we travel there often means I cant stay in the UK? Its ridiculous!!

If they deny my ILR. What can I do? Appeal? I think I can also go down the route of getting a visa from my czech wife correct?

Sorry for all the questions. I am just frustrated with the system.

Thoughts?

Londonguy.

[manda_alba]

Hi there

I have ended up applying for another Tier 1 extension rather than ILR as I also do not meet the days requirement of 180 days in 6 months.

Immigration agents I spoke to suggested this was the safest route considering none of my travel had been for business and the ILR requirement is fairly clear (once you find the right guidance and interpret it correctly... clear as mud I reckon!).

However, from UKBA guidance online nowhere does it say another Tier 1 extension is possible.

The immigration agents say that with another extension I can wait and apply for the ILR as soon as I meet the 180 days requirements... But that's not to say yours won't be approved - it's up to the home office I guess case by case. The fact that they've sent you a confirmation and letter of further investigation is promising I'd hope? If it was a blanket rule they surely would just have denied it.

Funnily I'm an Aussie with a Slovak partner... so an EU partner visa is another option which seems easy enough though you'd lose the time spent and chance for a UK passport.

Be interested to know how it turns out - good luck!

[PortOut]

So I also went to the Croydon PEO today (Wed 28th March 2012) for ILR.

My story is I am Australian and my wife is from the Czech Republic. We met in Australia. She went back to the Czech Republic so I decided to move to London under a two year working holiday visa. We dated for five years and then got married in Prague in Sep 2010.

I arrived Aug 2005. I was on the working holiday visa for one year then swapped to a work permit. I was on that for one year then swapped to Tier 1 for 4 years.

Because my wife is Czech over the 5 year period my whole days out of the UK totalled 275. This is because when we were dating I would travel to Prague most weekends from London and also for our wedding and xmas holidays. My longest consecutive period out of the UK was 31 days.

They have deferred the decision on my ILR because the lady said I am "way over" my allowed days outside of the UK. I thought having a Czech wife would be a good enough reason but it doesnt look like it.

So now I have to play the waiting game for them to send my passport back to me with a decision.

Does anyone know how long this might take? Do I now go behind all the postal ILR applications? Or will it be quicker because I was PEO?

On my days outside of the UK I did a very nice excel spreadsheets with dates and also the pages for stamp in stamp out and stamp back into the UK. One thing I thought of I used the IRIS system to enter the UK a few times maybe they need to confirm that so they are sure of the days away.

The letter they gave me does not request anything it just says the following:

**********

Dear Mr ...

I am writing to acknowledge receipt of your application.

Your application is valid but there are further enquiries that need to be made on your case and as such your application as been passed to a team where these enquiries can be made. In light of this we are keeping all of the documents submitted with your original application which will be held until a final decision is made"


************

Do you think this is bad news? Or is there a chance it might be approved? I have lived in London for seven years I have made a life here with my wife and I want to stay. I also work hard and honestly. I do not understand why does the UK government care where I spend my weekends? Just because my wife is Czech and we travel there often means I cant stay in the UK? Its ridiculous!!

If they deny my ILR. What can I do? Appeal? I think I can also go down the route of getting a visa from my czech wife correct?

Sorry for all the questions. I am just frustrated with the system.

Thoughts?

Londonguy.

Hi Mate,

I have bad news. It is highly unlikey (based on my recent experience with my wife 2 weeks ago)

Yes, the UK does care where you spend weekends.

We are an Australian couple living in London for over 5 years. My wife went in to get her ILR after having done the Life in the UK test.

We have gone home to OZ for xmas twice and travel a lot for holidays, so her day count was 230. Note - no 90 day absences and she was continuously employed for the whole time and as she is on an Ancestral Visa the paperwork is relatively straightforward.

She was refused at the PEO for exceeding the day count despite her work writing a letter stating she has been employed the whole time.

Ridiculous.

Or as my wife said: "So all the poor people out the front who don't have enough money to go on annual vacations are fine to get ILR because they are broke??"

Great move UK...

[Londonguy79]

Hi guys thanks for the replies..

Mandy I cant really find any official info about the absences I only found info on this website. Is it 180 in 6months? Do you have a link for that info? Mine was 275 over 5 years but in the past 12 months ive been out for 62 days...


Portout - Oh that is bad news. Are you going to bother applying? So now does that mean your both going to have to go home? Or will you apply for another T1 extension? I think the same thing will happen to me. My biggest consecutive period was 32days back in Brisbane. See the Home office should understand most Aussies want to travel so going to Europe on the weekends is the best part of living in the UK. Then whenever we go back to Australia its always normally for 3 weeks otherwise its not worth it! But like you said instead we get penalised for it. So now if they reject my application I guess we will have to move back to Australia the UK will loose everything I bring to the economy here. But I guess out of 60 million people it does not matter.

Lets see what happens.

Thanks for your reply.

[jaskiratbaweja]

It is probably a typo. The absence limit is 180 days in 5 years. Defined in the

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

However it says Holidays consistent with Paid Leave and Short business trips may be disregarded.

[Londonguy79]

Hi Jaskiratbaweja.. I thought so.. So whats your gut feeing for my case?

[jaskiratbaweja]

Hi Jaskiratbaweja.. I thought so.. So whats your gut feeing for my case?

Did you provide any Cover letter explaining absences?

I think since none of the absences is greater than 90 days and they can probably excuse paid leave allowance.

You should get a positive decision but UKBA is not very consistent and probably have gone stricter on the absences as that is one criteria they can use to reduce number of cases being approved.

In my cases my total absences were 395 (195 personal + 216 Business) and it was approved after providing a detailed letter from employer.

You can post your time line on

http://www.immigrationboards.com/viewto ... &start=200

It will be helpful for everybody waiting on PEO deferred cases.

[Londonguy79]

Unfortunately I did not provide a cover letter explaining the absences. In my letter from my employer they stated I am married to a Czech National and I visit the Czech republic very often.

Then on the application under the area where it asks if I had been out for more than 180 days I wrote " My wife is from the Czech republic. This means we travel there often most weekends, bank holidays and Xmas holidays. To be with her family."

I will post my timeline like you said...

Cheers

Londonguy.

[umeruzair]

It is probably a typo. The absence limit is 180 days in 5 years. Defined in the

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

However it says Holidays consistent with Paid Leave and Short business trips may be disregarded.

jaskiratbaweja, Thanks for the link but where does it says it is applicable for Tier 1 General the 180 days was for Tier 1 (Investors or Entrepreneurs) therefore can you please direct me to the right piece of information for Tier 1 and how many days allowed within 5 years and las 12 months.

[parasiteslost]

Hi Mate,

I have bad news. It is highly unlikey (based on my recent experience with my wife 2 weeks ago)

Yes, the UK does care where you spend weekends.

We are an Australian couple living in London for over 5 years. My wife went in to get her ILR after having done the Life in the UK test.

We have gone home to OZ for xmas twice and travel a lot for holidays, so her day count was 230. Note - no 90 day absences and she was continuously employed for the whole time and as she is on an Ancestral Visa the paperwork is relatively straightforward.

She was refused at the PEO for exceeding the day count despite her work writing a letter stating she has been employed the whole time.

Ridiculous.

Or as my wife said: "So all the poor people out the front who don't have enough money to go on annual vacations are fine to get ILR because they are broke??"

Great move UK...

One interpretation of the modernised guidelines is if you did not take paid annual leave for your weekend holiday, then it cannot be discounted.

A letter just saying that you were continuously employed for the whole time is insufficient and will not convince the case worker. The letter needs to state specifically that the absences outside the UK were part of paid annual leave.

[PortOut]

Hi Mate,

I have bad news. It is highly unlikey (based on my recent experience with my wife 2 weeks ago)

Yes, the UK does care where you spend weekends.

We are an Australian couple living in London for over 5 years. My wife went in to get her ILR after having done the Life in the UK test.

We have gone home to OZ for xmas twice and travel a lot for holidays, so her day count was 230. Note - no 90 day absences and she was continuously employed for the whole time and as she is on an Ancestral Visa the paperwork is relatively straightforward.

She was refused at the PEO for exceeding the day count despite her work writing a letter stating she has been employed the whole time.

Ridiculous.

Or as my wife said: "So all the poor people out the front who don't have enough money to go on annual vacations are fine to get ILR because they are broke??"

Great move UK...

One interpretation of the modernised guidelines is if you did not take paid annual leave for your weekend holiday, then it cannot be discounted.

A letter just saying that you were continuously employed for the whole time is insufficient and will not convince the case worker. The letter needs to state specifically that the absences outside the UK were part of paid annual leave.

Clearly, weekends out of the country are not using paid leave, as people are not paid for the weekend, but why on earth the UK cares what you do on your weekend is beyond me (so trips to Brighton are fine, but to Calais are not).

They also made it clear that Paid annual leave is now counted towards your 180 days (despite guidelines suggesting it is not to be counted), which would suggest they are reinterpreting the rules to make it harder.

They also disregarded a letter from my employer about my wife taking paid leave to travel with me for work.

[PortOut]

Hi guys thanks for the replies..

Mandy I cant really find any official info about the absences I only found info on this website. Is it 180 in 6months? Do you have a link for that info? Mine was 275 over 5 years but in the past 12 months ive been out for 62 days...


Portout - Oh that is bad news. Are you going to bother applying? So now does that mean your both going to have to go home? Or will you apply for another T1 extension? I think the same thing will happen to me. My biggest consecutive period was 32days back in Brisbane. See the Home office should understand most Aussies want to travel so going to Europe on the weekends is the best part of living in the UK. Then whenever we go back to Australia its always normally for 3 weeks otherwise its not worth it! But like you said instead we get penalised for it. So now if they reject my application I guess we will have to move back to Australia the UK will loose everything I bring to the economy here. But I guess out of 60 million people it does not matter.

Lets see what happens.

Thanks for your reply.

Hi: we're not going to bother reapplying as her ancestral visa can be extended for an indefinite number of 5 year periods and her day count won't change any time soon (she just got new ancestral visa issued instead of the ILR)

I am on a Tier 1, so will just transfer onto her Visa as a dependent - I am not going to bother wasting £1300 on an ILR to get knocked back as my number of days out of the country will be the same if not higher than hers.

[innocentdevil]

totally ridiculous. I am cent per cent convinced the caseworkers are trainees and don't have a clue about the rules hence the mistakes.

a paid leave is a paid leave and shouldn't be an issue if you are at whitby beach or on a visit to home country.

[parasiteslost]

Clearly, weekends out of the country are not using paid leave, as people are not paid for the weekend, but why on earth the UK cares what you do on your weekend is beyond me (so trips to Brighton are fine, but to Calais are not).

They also made it clear that Paid annual leave is now counted towards your 180 days (despite guidelines suggesting it is not to be counted), which would suggest they are reinterpreting the rules to make it harder.

They also disregarded a letter from my employer about my wife taking paid leave to travel with me for work.

This is out of order. The guidelines clearly states:

Code: Select all

When assessing if an applicant has met the criteria for five years continuous residence in the UK, short absences abroad may be disregarded, provided the applicant has clearly continued to be based in the UK. For example:
• holidays (consistent with annual paid leave)
• short business trips (consistent with maintaining employment or self-employment in the UK).

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[bob-russell]

It is probably a typo. The absence limit is 180 days in 5 years. Defined in the

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

However it says Holidays consistent with Paid Leave and Short business trips may be disregarded.

Are weekends paid leave? I suspect not but it may be worth getting specialist immigration advice. It does seem a bit daft that regularly going away for the weekend should impact your situation but this may be the way they interpret the law.

[ukswus]

Just for the record, if your travel was truly for the weekend (e.g., living on Sturday morning, and coming back on Sunday evening), then none of thouse days should have been counted. This is because they are "travel days", when you are still in the UK for part of the day.

If the case worker included them in the total count, I think you have every right to complain.

[ukswus]

However, from UKBA guidance online nowhere does it say another Tier 1 extension is possible.

And where does it say it is impossible?

[vinny]

Hi,
I am currently on a Tier One visa which expires April 30th. I applied for EEA2 in Jan.

I think my Tier one will expire before I get my EEA2 back. I am now a little worried if my EEA2 is denied can I then try to extend my Tier one? Or wont I be able to because my Tier one has expired?

Also my friends EEA2 was denied. UKBA has kept her passport. How quickly do you have to leave the country?

Cheers,

Londonguy.

[vinny]

What happened with your ILR application?

An out of time Tier 1 (General) extension will also be subject to 245CA(g) or 245CD(i).

[Londonguy79]

Hi Vinny,
I decided not to try for my ILR again because I had taken too many holidays. So instead because my wife is Czech I decided to get an EEA2 visa instead.

But not that my friend got denied I am very scared they might deny my EEA2 visa and I want to know what fall back options I could have...

The thing is now that the ILR rules have changed and you can have 6 months per year out of the country I could probably get ILR but my Tier one would have been expired because the EEA takes so long.

I will look at the links you just sent me and reply back again.

Cheers,

Londonguy

[Londonguy79]

Hi Vinny,
OK I read that link. So am I correct in thinking the following?

My Tier one expires April 30th 2013.
Say I am unlucky and my EEA2 is denied after April 30th.
I then have 28 days to apply (or be granted?) a ILR or a Teir one extension?

As in the 28 days will start from when my EEA was denied correct? Not from April 30th 2013 when my current Tier one expires..?

Thanks,

Londonguy.

[vinny]

No. Section 3C Leave does not apply when someone makes an application under European Law. If the EEA2 application fails, then you may be considered as overstaying from the expiry date of your Tier 1 (General) leave.

[Londonguy79]

Wow that really sucks...

So I just have to really hope that my EEA2 doesn't get denied!!

Thanks for the info..


Londonguy