ILR delay for long absence

hgap2012ilr · Post by **hgap2012ilr** » Thu Jun 21, 2012 2:48 pm

My story
===================================
I came to the UK on 16 March 2007 on a High Skilled Migration Program Visa.

After 2 years, I renewed my visa into Tier 1 General Skilled Migrant category. I will be completing 5 years continuous residence on the combination of HSMP and Tier 1 General Migrant visa by 16th March 2012.

Following details will provide detailed information of my immigration history and my absences from the UK and reasons for the absence.

Highly Skilled Migrant Visa: Entry Clearance from Chennai, India
Issued on: 16th Mar 2007
Valid upto: 16th Mar 2009

Tier 1 General Migrant Visa: Extension, in-country
Issued on: 05th April 2009
Valid upto: 16th March 2012

Absences from the UK: Business
From 10/09/2010 to 16/03/2011 Business trip – sent by UK employer being their most suitable employee for this purpose. Salary and tax paid in UK. Employer letter attached. Continued to keep ties with UK as main home

Absence from the UK: Personal
Separate sheets /pages attached with dates and the number of days spent outside of UK
Personal absences/paid leaves = 138 days over 5 years.

Job related absences = 185 days over 5 years

Total days absence from the UK over the 5 year period are: 323days
One Business Trip : 185 days
Personal holidays : 138 days
================================

My application
================================
I applied for my Indefinite Leave to Remain on 28th of February 2012 at Public Enquiry Office, Croydon. It has been 17 weeks since I submitted my application and I am yet to hear the decision

I am still waiting for my passport. What are the chances of getting it before 6 months as advised by UKBIA.

My father aged 79 was diagnosed of Prostate Cancer in 2010 and since then has been under intense Radiotherapy. His health condition is deteriorating since the beginning of 2012.

Is it even worth writing an email asking them to speed up the process.
Any suggestion/help anyone..Much appreciated.

I know home office dont entertain. I am so frustrated

Regards

asim72 · Post by **asim72** » Thu Jun 21, 2012 11:53 pm

I do not know what the current waiting times are. But if they say that a certain application takes 6 months then if you make any enquiries before 6 months then you will just get a standard reply "application under consideration".

No point asking them to speed up the process as they cannot be expected to speed up the process due to applicants wish. If they started to act on applicants wishes to speed up the process, then they will have to aim to decide every application in one second.

hgap2012ilr · Post by **hgap2012ilr** » Fri Jun 22, 2012 8:20 am

It was just a thought. I do know they dont and cant speed up the process, but just thought if someone ever got lucky.

Fact of the matter is one does not have a choice but to wait. The wait is quite painful specially when you know some one is fighting a life threatning disease. But I guess that is life.

ea64 · Post by **ea64** » Fri Jun 22, 2012 12:41 pm

Sorry to hear about your dad.
I think if you call they may just say that is under consideration but you may just use that moment to explain you know the waiting period and how busy they are but the only reason you are asking about it is because your dad is under that situation. The worse that can happen is that they keep on the same route so you can only win.
I have just received the UKBA response and it took 5 months, 3 weeks
Peace

hgap2012ilr · Post by **hgap2012ilr** » Fri Jun 22, 2012 2:42 pm

ea64 - What is the response you got from UKBA...Did you applye for ILR and did you have the same issue I had. Can you give me details please.

Much apprecaited

goldfish · Post by **goldfish** » Fri Jun 22, 2012 2:58 pm

You have nothing to lose by asking, might as well give it a go. A situation like this is clearly different from an applicant just "wishing" the processing would occur more quickly, although whether UKBA recognises this is a separate question. I hope it goes well for you, serious illness of a family member is very stressful when you are far away. Maybe you could get your Member of Parliament involved? Don't know whether they can become involved if the 6 months hasn't passed yet though.

hgap2012ilr · Post by **hgap2012ilr** » Sat Jun 23, 2012 6:45 pm

Just asking an open question - What could be the outcome of my application.

I have heard people say that because of the long absence, UKBA ask to extend the visa in the same category to make up for the absence. My long absence has been 186 days in one business related trip.

Post by **geriatrix** » Sat Jun 23, 2012 7:07 pm

People with 800+ absences have been successful and people with less than 180 absences but one single absence of >90 days have been refused.
It all depends on the evidences you provide and whether, based on the evidences submitted, a caseworker applies discretion in your favor.

If your application is refused for a single absence of >90 days, then you will only be eligible for settlement after 5 years since returning from the trip in question.

hgap2012ilr · Post by **hgap2012ilr** » Fri Jun 29, 2012 2:32 pm

Guys - Quick one...really...

I applied on 28th of Feb 2012. So how are they going to calcualte 6 months. 180 days from 28th Feb 2012 ?????

Going by this Aug 14 should be 6 months.

Anyone ???

Cheers

Post by **geriatrix** » Fri Jun 29, 2012 3:00 pm

Calculate 6 months ... in what context?

goldfish · Post by **goldfish** » Fri Jun 29, 2012 5:34 pm

If you had a 90+ day absence, your ILR clock re-starts the day you arrived back in the UK and you count your 5 years again.

Example:
If you originally arrived in the UK on 1 Feb 2007 you would be eligible for ILR after 5 years = 1 Feb 2012 provided your absences are not too many and not too long.

In the above scenario, if you left the UK for 100 days and arrived back on 1 Jan 2012 your 5 years starts counting from 1 Jan 2012. So you would be eligible for ILR on 1 Jan 2017.

You don't just wait 100 days from 1 Jan 2012 and become eligible for ILR in mid-April 2012.

The only way around this is if you provide adequate evidence so that the caseworker makes an exception for the 90+ day rule.

hgap2012ilr · Post by **hgap2012ilr** » Fri Jun 29, 2012 6:44 pm

I was checking 6 months completion since I applied for my ILR, so that I can expect a decision from BIA.

Thanks for making me clear about the clock reset. I thought as much . In my case , if the case worker is not convinced, I will be eligible for my ILR only on in March2015 ie 5 years from march 2011.

hgap2012ilr · Post by **hgap2012ilr** » Tue Jul 03, 2012 3:55 pm

Can you please share the telephone number to call up HomeOffice

Also 6 months from the time of my application date Feb 28th will be 14th of Aug. Is that when I can expect my documents and may be use FOI if its does not.

Thanks

uksettlement · Post by **uksettlement** » Sun Jul 08, 2012 7:07 pm

hi,

Any response from UKBA on your application yet?

Thanks!

Sohel

hgap2012ilr · Post by **hgap2012ilr** » Mon Jul 09, 2012 4:09 pm

Its ben 133 Days since I submitted my application at the PEO.

hgap2012ilr · Post by **hgap2012ilr** » Wed Jul 11, 2012 12:26 pm

Yet...I am still waiting....for the response...in the 20th week....

uksettlement · Post by **uksettlement** » Fri Jul 13, 2012 10:41 pm

hi hgap,

No response yet?

Thanks!

Sohel

hgap2012ilr · Post by **hgap2012ilr** » Wed Jul 18, 2012 3:57 pm

Wrote an email requesting them to speed up the process. Just a hope really. I know nothing will come off this , but just for my own satisfaction.

Very frustrating really, specially at such a difficult time when my father has been hospitalised again. 3 rd time in a span of one month.

This is taking forever.

hgap2012ilr · Post by **hgap2012ilr** » Wed Jul 18, 2012 3:58 pm

142 days since my application .....

hgap2012ilr · Post by **hgap2012ilr** » Fri Jul 20, 2012 12:57 pm

Guys

Can someone share home office number to call. I want to try my luck as I dont have too much time left.

Does anyone know what the procedure is to withdraw the application.

How long will it take to withdraw the application.

hgap2012ilr · Post by **hgap2012ilr** » Thu Aug 02, 2012 8:36 pm

Finally I got my ILR .. I am travelling to see my ailing father
After 1 week of pressure from local mp office and reports of my fathers health condition

156 days home office called me to collect the passport

aj80 · Post by **aj80** » Thu Dec 06, 2012 11:51 pm

Hi,
Did you hear any feedback on your application? I have a similiar gap on my 5 years continuous stay. Your response will be helpful

Thanks.

hgap2012ilr wrote:Guys

Can someone share home office number to call. I want to try my luck as I dont have too much time left.

Does anyone know what the procedure is to withdraw the application.

How long will it take to withdraw the application.

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