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After my initial refusal back last November 2011, I have now been granted ILR under compassionate grounds and Article 8, via a reconsideration.

I had consulted a lawyer about my refusal, and she was confident that as I had good compassionate grounds for my absences exceeding 18 months and I had strong connections and ties to the UK she could get them to reverse the decision, and that she did! I feel like a ton of bricks has been lifted off my shoulder, words could not describe how happy I felt when I heard the news.

My advice is that anyone who doesn't quite meet the criteria do not be without hope. If you have strong ties to the UK and have very good reasons for not meeting the requirements for ILR, the Home Office has right to exercise discretion. Just have to make your case strong, clear and as thorough as possible providing all the evidence you can muster, making sure its as personable as possible.

Good luck and God save the queen!

Hi,

I know how much happy you are. lots of congrats.

can you please tell us your case in brief and give us your laywers details.

regards,

ryan

Hi Ryan,

Worth checking hendrickache's previous post....

http://www.immigrationboards.com/viewto ... ht=#560769

Well done hendrickache! Really pleased for you. I have always maintained that if you have geneuine reason to be away then there is no reason why you wont be granted ILR thru 5 years or 10 years.

Big congratulations to you. You must surely feel a big burden lifted. Enjoy your days ahead.

Is that episode going to affect your BC application, if you do go that route?

Thanks everyone! Very happy days.

Wpilr with regards to naturalization next year I will prob have a problem with regards to absences over the last 5 years, not sure if discretion can be exercised... but I guess I will cross that bridge when I get there.

I thought for BC ... they looked at period AFTER ILR ....no more than 3 months in 12 month .... isn't that the case? ...... i never knew they looked back for 5 years! ... kindly clarify.

Congratulations Hendrickache,

I am in a similar position of applying since nov 2011 and getting refused in June 2012. Asked for a reconsideration but was told that the rules were followed but given right of appeal. Only to appeal, and have the UKBA withdraw the decision the day before the hearing.

It has now been 3 weeks since the decision was withdrawn but not heard a word form the CW. How long did it take from the time they decided to reconsider to when you got your approval. What was the time frame? Are we talking weeks or months? How did your solicitor expedite the reconsideration. I don't have a lawyer so prepared the bundle for appeal and have been contacting all and sundry by myself.

Your assistance will be greatly appreciated here....

hendrickache: I just read your post from last year and I am so glad to hear that you have been granted ILR.

uksettlement wrote:Hi Ryan,

Worth checking hendrickache's previous post....

http://www.immigrationboards.com/viewto ... ht=#560769

Well done hendrickache! Really pleased for you. I have always maintained that if you have geneuine reason to be away then there is no reason why you wont be granted ILR thru 5 years or 10 years.

thanks UK settlement....

tdoubleoni14 wrote:Congratulations Hendrickache,

I am in a similar position of applying since nov 2011 and getting refused in June 2012. Asked for a reconsideration but was told that the rules were followed but given right of appeal. Only to appeal, and have the UKBA withdraw the decision the day before the hearing.

It has now been 3 weeks since the decision was withdrawn but not heard a word form the CW. How long did it take from the time they decided to reconsider to when you got your approval. What was the time frame? Are we talking weeks or months? How did your solicitor expedite the reconsideration. I don't have a lawyer so prepared the bundle for appeal and have been contacting all and sundry by myself.

Your assistance will be greatly appreciated here....

y u rejected please explain you case ....you applied in nov 2011 and they refused you after 8 months ??

ryan2020 wrote:

tdoubleoni14 wrote:Congratulations Hendrickache,

I am in a similar position of applying since nov 2011 and getting refused in June 2012. Asked for a reconsideration but was told that the rules were followed but given right of appeal. Only to appeal, and have the UKBA withdraw the decision the day before the hearing.

It has now been 3 weeks since the decision was withdrawn but not heard a word form the CW. How long did it take from the time they decided to reconsider to when you got your approval. What was the time frame? Are we talking weeks or months? How did your solicitor expedite the reconsideration. I don't have a lawyer so prepared the bundle for appeal and have been contacting all and sundry by myself.

Your assistance will be greatly appreciated here....

y u rejected please explain you case ....you applied in nov 2011 and they refused you after 8 months ??

My app (5yrswork permit)was refused because the HO claimed I didn't meet the specified salary in COP. I argued that there was no appropriate salary or COP for my role but was ignored. My employer letter also stated this. I asked for reconsideration in June but was told the decision was made bad on prevailing rules, which I now know is contrary to UKBA guidelines.

Further argued the case by including it in my appeal bundle, fortunately( I hope), the HO withdrew the appeal the day before but didnt find out until 20mins before te hearing... Since they withdrew it, I was expecting a quick turnaround but that's not been the case. Ive written several times but not one response. I have contacted my MP to try and expedite the case but nothing yet...Everyone just says I should wait...It's easy to say that when you r not in that situation....it's now been 42 weeks since applying via PEO Croydon.

tdoubleoni14 wrote:

ryan2020 wrote:

tdoubleoni14 wrote:Congratulations Hendrickache,

I am in a similar position of applying since nov 2011 and getting refused in June 2012. Asked for a reconsideration but was told that the rules were followed but given right of appeal. Only to appeal, and have the UKBA withdraw the decision the day before the hearing.

It has now been 3 weeks since the decision was withdrawn but not heard a word form the CW. How long did it take from the time they decided to reconsider to when you got your approval. What was the time frame? Are we talking weeks or months? How did your solicitor expedite the reconsideration. I don't have a lawyer so prepared the bundle for appeal and have been contacting all and sundry by myself.

Your assistance will be greatly appreciated here....

y u rejected please explain you case ....you applied in nov 2011 and they refused you after 8 months ??

My app (5yrswork permit)was refused because the HO claimed I didn't meet the specified salary in COP. I argued that there was no appropriate salary or COP for my role but was ignored. My employer letter also stated this. I asked for reconsideration in June but was told the decision was made bad on prevailing rules, which I now know is contrary to UKBA guidelines.

Further argued the case by including it in my appeal bundle, fortunately( I hope), the HO withdrew the appeal the day before but didnt find out until 20mins before te hearing... Since they withdrew it, I was expecting a quick turnaround but that's not been the case. Ive written several times but not one response. I have contacted my MP to try and expedite the case but nothing yet...Everyone just says I should wait...It's easy to say that when you r not in that situation....it's now been 42 weeks since applying via PEO Croydon.

Any more suggestions on how long it takes the UKBA to reconsider applications, they withdrew themselves, at the appeal stage, just before the hearing...

Hi hendrickache,
many congratulations I am in similar position will be applying for 10 year ilr but have been out of the country for more than 18 months and also more than 6 months at a stretch (when my mother was ill) I have been on student visa since 2003 and just got tier 2 in 2012. Could you please let me know the details for your solicitor I have already approached two solicitors but they were very discouraging. It would be very helpful to talk to a solicitor with experience in this area.
Many thanks
babar

Hi,

I am interested too on the lawyer you used for your application as I attended boarding school during my ten years and was required to return home during my holidays thus exceeding the 540 days.

Thanks

Hi hendrickache, I am in exactly the same situation as you. Studied here in a boarding school and university and therefore built up large absences because of holidays, then found a job and now my PSW expires in August 2014. I got refused my ILR because I have 552 days. Could you please specify what grounds/arguments your lawyer used as I am also planning on getting back to them with a reconsideration request?

dmpv

hendrickache last post was in Nov 2012. and i believe he didn't log in after that because may be because he is already a BC

dmpv wrote:Hi hendrickache, I am in exactly the same situation as you. Studied here in a boarding school and university and therefore built up large absences because of holidays, then found a job and now my PSW expires in August 2014. I got refused my ILR because I have 552 days. Could you please specify what grounds/arguments your lawyer used as I am also planning on getting back to them with a reconsideration request?

I have the exact same problem and I am due to be applying for my ILR in a few weeks. I have collectively over 16 years of residence here but have gone over my my 540 days continuous residence by 32 days. Which law firm have you signed with?

Hi hendrickache,

I have currently been waiting for a reconsideration decision for about 2-3 months now. could you please advise how long you had to wait for your reconsideration to be successful and did you do anything while waiting to speed up the process? It would really help to get a response from anyone who has an idea about the reconsideration process. Thanks

Hi hendrickache,

Please could you disclose the details of the law firm you used to help with your indefinite leave to remain application,

Thanks,

Odunayo

Odunayo wrote:Hi hendrickache,

Please could you disclose the details of the law firm you used to help with your indefinite leave to remain application,

Thanks,

Odunayo

Kindly refrain from digging up topics from 2012. Members are also NOT permitted to post names of law firms on the forum.