ILR Refusal Scenario

[Musafir]

I am due for ILR this month and I will be applying by post, I was out of the UK for 99 days for business and the total absences are less than 180. I got all the docs for 99 days absence.

I have seen many cases have been refused (> 90 days) inspite of all the docs have been provided and in some cases approved inspite of multiple >90 days absence.... there is no consistency!

My question is :

The postal applications take up to 26 weeks and if my case is refused, can I apply for Tier 1 extension? or is it Game Over!

Thanks for your response in advance.

[uksettlement]

Hi,

I am in a similar situation like u.

Apply for ILR by post as thats the preferred method. It should get accepted if you have all the proofs from your employer.

In unfortunate eventuality if the visa is rejected you will get an option to appeal or you can also apply for tier 1 extension.

Thanks!

Sohel

[Ged]

Hi Sohel,
What makes you think that he will be able to apply for a Tier 1 extension? Particularly if his initial application gets refused after his current visa expires, wouldn't he be in a very compromised situation? They may just tell him to leave in two weeks and his appeal may also fail?

On the bright side this seems to help his situation;
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

If one can make sense out of awfully incomprehensible language UKBA uses, it seems relevant in this situation.

[autotest]

Hi,
I am also in a similar situation.

I am planning to apply my ILR on oct 2012 and currently I am on tier 1 visa valid until Nov 2012. Considering 28 days period I am applying my ILR in Oct 2012.

If i applied for ILR and UKBA takes 26 weeks to take a decision for ILR, and if they rejected (as i was away from the country for 110 days) then my option would be for another Tier 1 extension, but to go for another Tier 1 extension I need some time for documentation, but if dont have valid visa (Tier 1 expired and ILR rejected) Will UKBA give me some time to apply Tier 1 extension?

Can you please let me know what is best conditions for me. Thanks in advance.

[Ged]

The link I previously shared appears to mean that there are two situations you might be in (Namely Section 3C and 3D of the immigration act).

According to paragraph 3.2, of this paperwork, if your visa application is refused after your previous visa expired, the only option you have left is to appeal. So it appears that you cannot make a fresh application based on Tier 1 if your ILR gets refused.

I am in a similar situation, and it looks awfully risky. Please correct me if I am wrong.

[innocentdevil]

but why would your application be refused. is there anything you know which may lead to ILR rejection.

[autotest]

I am out of the country for 110 days, so I am taking a chance

[Ged]

There are 1001 reasons why one can be refused. I am inclined to make a 10 years long stay application. The forms are too complicated to fill correctly. In fact we see cases in this forum where even some trained solicitors end up using wrong forms or filling them up incorrectly. I have two instances where my applications were refused. In both cases it was a caseworker's error of judgement. In one case I took my visa from the immigration tribunal due to an arbitrary decision taken by a case worker. I have seen important documents are lost by incompetent caseworkers and denied afterwards. People even got their passports lost during their application review. There is too much in stake including your life and job. On top of it all the service is not transparent, it is inconsistent, unpredictable and outrageously expensive. Getting refused can get me into debt, living on the street, jobless, homeless, illegal in a foreign country. We are all taking a chance and therefore getting worried.

[Musafir]

@innocentdevil : I was self employed and went to my home country to get software developed so that I can market/sell to the banks here, but unfortunately due to the credit crunch and economic disaster in the recent past the business didn't do well and I incurred losses(not huge though), if it was a success and if I had paid good amount in taxes then the CW wouldn't bother about the absence, but because I haven't paid taxes (I paid NI) and was self employed for 9/10 months.

The thing is I am interested in doing business here rather than working for a company and obviously business takes couple of years to become successful. But in the meantime if I apply for another extension then I have to show the salary, uk experience and all that to qualify for ILR, and another 3 years is wasted. I am not desperate to live here by working for a company and earn peanuts, I believe UK is the best place to start a business and only for that reason I want to live here.

@Ged: You are 100% correct mate, UK immigration is very clear as mud and straight as dog's tail.

[Smam]

Hi

I've read almost all the psot quite carefully and I am laughing as well. Well to be frankly honest I really agree up to some extent with Ged and Musafir . But let me tell you one thing that UK Immigration is much much much better as compared to Canada and Australia and New Zealand and the most worst one is the US one to be honest with you. God For bid if you got rejected by UK immigration at least they'll give you all the details for your rejection and once you remove those details or those points you'll get the visa quite simply there'll be no problem. They'll give you the chances to appeal for your case and the most wonderfull thing is the Human Right Clause that's it if nothing works then this card always played well for almost 99% people.

The other days I was reading in the news paper sorry I haven't got the link to that, that the judge granted Assylum to one of the Iraqi guy as his assylum got refused by the UKBA and the reason judge come up with the Grant of his Assylum was that the Iraqi Assylum seeker owns a cat and then the judge use some kind of human right clause and Mrs May was gob smacked at the courts ruling for this guy.

Trust me you dont get all these facilities in any other countries immigration specially not in the US bloody hell your visa expired they'll put you in detention straight away and then they'll kick you straight in to the plane.

Well to be brutally honest with you guys I haven't got my ILR I dont know about my self a part from hoping From the Almighty God and hoping the positive side for my self that's all it is. I always think in that way that I was happy and alive before coming to UK And I'll still live my life pretty much the same way any where in the world which means that God Forbid even if I dont get my ILR then that's all about it. I will never ever think about it. @ Ged mate when you try for some thing better in your life you've to spend few odd quids for that nothing comes free to you so just hope for the best and prepare for the worst.

Good luck to both Musafir and Ged for their ILR.

[uksettlement]

Hi Sohel,
What makes you think that he will be able to apply for a Tier 1 extension? Particularly if his initial application gets refused after his current visa expires, wouldn't he be in a very compromised situation? They may just tell him to leave in two weeks and his appeal may also fail?

.

I am sure you must have eaten your words by now?

[sh1981]

The other days I was reading in the news paper sorry I haven't got the link to that, that the judge granted Assylum to one of the Iraqi guy as his assylum got refused by the UKBA and the reason judge come up with the Grant of his Assylum was that the Iraqi Assylum seeker owns a cat and then the judge use some kind of human right clause and Mrs May was gob smacked at the courts ruling for this guy.

You obviously don't have a cat! I didnt sleep for 2 days when mine was nearly dying, but survived through pure divine intervention!

[vinny]

Unfortunately, contrary to the Home Secretary's belief, your cat may be unable to help.