ILR refused, 180+ days absence Current Stay Expired

Palmist · Post by **Palmist** » Sat Dec 01, 2012 11:07 am

Hi Guys,

My friend ILR visa under 5 years work permit rule has been rejected. His current stay has expired and the letter doesn't give an option to appeal.

Do you guys know what his options are? Can He appeal from within the UK or reapply under different category i.e. extension of current Work Permit or Tier 1 General?

He was out of the country for 224 days, main reason was bereavement in family. Does that make any grounds for appeal?

any help greatly appreciated.

Palmist · Post by **Palmist** » Sat Dec 01, 2012 11:19 am

The reason given on his letter is that he used an older version of form. No mention of 180+ days.

I am thinking, if he does reapply with new version of form, they may reject again saying yes your form is alright but this time we have a different reason to reject your case.

Post by **Lucapooka** » Sat Dec 01, 2012 11:19 am

Palmist wrote:He was out of the country for 224 days, main reason was bereavement in family. Does that make any grounds for appeal?

Who died; anyone close? What compassionate function did he serve after the funeral that prevented his return; or was he just hanging around to be sympathetic? Who needed his immediate care, why and in what capacity to such an extent that he could not return? What family affairs was he compelled to remain there and manage subsequent to the death? Don't answer that here; it's what he should have indicated in his application.

Palmist · Post by **Palmist** » Sat Dec 01, 2012 11:23 am

Thanks Luca, letter says application refused due to older version of form. He applied in early august and new form was released just before.

Post by **Lucapooka** » Sat Dec 01, 2012 11:31 am

So was this a refusal (the application was accepted but with a decision to refuse) or a rejected (the application was not accepted)? Do you even know; sometimes these third party questions are a waste of time as the person asking the questions does not have the facts.

Palmist · Post by **Palmist** » Sat Dec 01, 2012 11:34 am

you are right, I will get him on this forum

sss123sss · Post by **sss123sss** » Sat Dec 01, 2012 11:49 am

Is your friend submitted Medical and Death Certificate and letter from the company on the absence from UK? If he submits these letters, 224 days will not be counted on a "compelling rule" basis and must count only other period

Post by **Lucapooka** » Sat Dec 01, 2012 11:50 am

Further comment is pointless as we have not been given the actual reason for the refusal/rejection. So far it's the wrong form rather than excessive absence. We may all be barking up the wrong tree.

Palmist · Post by **Palmist** » Sat Dec 01, 2012 2:04 pm

From my experience even if there are multiple reasons for refusal they wont tel gou all of the reasons.
The letter doesnt mention right to appeal but asks to reapply. Question is with current stay expired can he reapply from within UK.

Post by **geriatrix** » Sat Dec 01, 2012 2:41 pm

Has the application been "rejected" or "refused" or "deemed invalid"? Do you know?

If "your friend" used an older version of the form, then the application would have been deemed invalid ... not refused or rejected. An application deemed invalid for such reason is not even assessed further.

On what date did the applicant receive the letter from UKBA confirming that the application is being returned as invalid?

arifahmmed · Post by **arifahmmed** » Sat Dec 01, 2012 5:21 pm

Palmist wrote:From my experience even if there are multiple reasons for refusal they wont tel gou all of the reasons.
The letter doesnt mention right to appeal but asks to reapply. Question is with current stay expired can he reapply from within UK.

Already your friend got the advice from UKBA. Why you thinking there are multiple reasons for refusal that UKBA not tell the true fact.

Post by **Lucapooka** » Sat Dec 01, 2012 5:23 pm

Palmist wrote:The letter doesnt mention right to appeal but asks to reapply.

So why did you not say that in the first place instead of wasting our time

Lucapooka wrote:sometimes these third party questions are a waste of time as the person asking the questions does not have the facts.

Never a truer word was spoken!

Palmist · Post by **Palmist** » Sat Dec 01, 2012 7:02 pm

"So why did you not say that in the first place instead of wasting our time "

Luca, this is not a waste of time, I provided information as it became available. Either way we discussed possibilities [some may not be true to this case] and it will answer someone else's query one day.

Further discussion on who is wasting who's time will definitely be a waste of time.

Stick to posting relevant information please.

Palmist · Post by **Palmist** » Sat Dec 01, 2012 7:05 pm

arifahmmed wrote:
Palmist wrote:From my experience even if there are multiple reasons for refusal they wont tel gou all of the reasons.
The letter doesnt mention right to appeal but asks to reapply. Question is with current stay expired can he reapply from within UK.
Already your friend got the advice from UKBA. Why you thinking there are multiple reasons for refusal that UKBA not tell the true fact.

Arif, UKBA will look at the first reason for refusal, so if there is anything else wrong on the form, they won't tell you.

So if he applies again, I fear the application may get rejection on the basis that applicant did not have a valid permission to stay at the time of applying.

arifahmmed · Post by **arifahmmed** » Sat Dec 01, 2012 10:58 pm

I think 28 days can be overstayed.
http://www.ukba.homeoffice.gov.uk/sitec ... r-1oct2012

However you have no choice than reapply. If refused again then there must be reason or appeal right.

Palmist · Post by **Palmist** » Sun Dec 02, 2012 1:35 am

thanks guys I am much more knowledgeable now and will see paid advice if required.

wpilr_nov12 · Post by **wpilr_nov12** » Sun Dec 02, 2012 2:29 pm

Palmist wrote:thanks guys I am much more knowledgeable now and will see paid advice if required.

Does your 'friend' share the same view?

Palmist · Post by **Palmist** » Sun Dec 02, 2012 2:34 pm

wpilr_nov12 wrote:
Palmist wrote:thanks guys I am much more knowledgeable now and will see paid advice if required.
Does your 'friend' share the same view?

Friend still stressed out but we are working on available options.

Palmist · Post by **Palmist** » Mon Dec 03, 2012 9:43 pm

He managed to book Premium Service appointment and got his ILR today.

Existing stay expired a month ago.

Original application was refused because of older version of form.

Thanks for your input chaps.

Immigrationboards.com: Immigration, work visa and work permit discussion board

ILR refused, 180+ days absence Current Stay Expired

ILR refused, 180+ days absence Current Stay Expired

Re: ILR refused, 180+ days absence Current Stay Expired

Happy Ending