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Hi Experts

I have a question on behalf of my friend. He went for Same day service for ILR and got refused.

The reason for absences are his absences in the year 1 and year 2 which is 286 and 256 respectively.
He was stationed in another european country in the first 2 years for work and hence such huge absences. Also he had given supporting letter from employer to cover his absences and inspite of that got refused saying that for work reasons you cant be absent more than 180 in any 12 months. He has been asked to go for administrative review.

Is there any way out?? Has anyone had a similar experience and got his ILR. His visa is expiring on feb 6 its do or die situation . can some one please help with some answers. is there any solution??

regards
F

HO was correct in the refusal. The rules around absence are clear. No more than 180 days per 12 month cycle includes all absences.

You don't say what visa your 'friend' is on or how long he has been in the UK and under which route he applied for ILR.

Hi CR001

Thanks for your reply.


He entered in Tier 2 (ICT) in May 2009 and in June 2011 he re-entered in Tier 1 General


Any option please??

F

What is the breakdown of all absences per 12 month cycle? It really will be easier if your 'friend' registers on the forum and posts their own questions.

The rules are well established & well-publicised...

Absences of more than 180 days in any 12 month period for employment or economic activity reasons are not considered exceptional

Ref: https://www.gov.uk/government/uploads/s ... _clean.pdf

Given that his visa expires very soon, your 'friend' doesn't have any options in my opinion. He cannot extend his existing visa either.

Hi CR001

The following are the details of absences.

Year 1 12 January 2011 to 11 January 2012 - 260 days
Year 2 12 January 2012 to 11 January 2013 - 289 days
Year 3 12 January 2013 to 11 January 2014 - 37 days
Year 4 12 January 2014 to 11 January 2015 - 36 days
Year 5 12 January 2015 to 11 January 2016 - 18 days

I know that his absences are excessive

F

HO was correct in their refusal. The absences are substantially over the allowed limits. The first two years would be ignored due to not meeting the requirement.

Hi CR001

Thanks for your reply.

He should have extended it in last April but has missed the chance

F

Yes he should have because now I don't even think he has enough time to find a Tier 2 G sponsor and go through that process.

Do you think we can ask for Administrative review and buy some time as he is looking for Tier 2 sponsor in the meanwhile??

F

Yes, if he has been given the option of admin review he should do it

ok thanks a ton

F

Hi CR001

Sorry to bother you again. Can we go for Judicial review if administrative review is unsuccessful in my friend's case??

F

HO's refusal is in line with the immigration rules. I doubt judicial review (which is expensive) will have a different outcome.

Hi CR001

Some of solicitors have suggested that Judicial review. may be its money making thing.

F

Judicial review is very expensive and given that HO has not made an error in law by refusing his ILR, he is unlikely to succeed in JR and will be substantially poorer.

He exceeded the absence limit for 2 years in a row. He fails the requirement, HO is correct in refusing his application. The rules are clear about absence.

ok thanks for your help

i think there is no harm to request - apply for reconsideration. you can explain them all your circumstances and Home Office exercise his discretion.

also you can send them pre action protocol letter and see what response you can send them,

even if you file JR and you think your case is not strong enough you can withdraw your case before hearing.

Doing nothing is not an option.

Hi Kirankhalil

Thanks for your suggestion

F