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Hi Memners,
I have applied ILR, that is refused on 7th-April-11 because I was away from UK for more than 3 months in 1 go. In the refusal letter , it is mentioned that I can not appeal because my current visa(Tier 1) is still valid until 3rd-July-11 . Is there any way to appeal against the ILR refusal decision, please ?

Thanks ,

Pradha

You cannot appeal when not given the right to.
A judicial review may be the only legal (and very expensive) option available to you.

pradhaa wrote:Hi Memners,
I have applied ILR, that is refused on 7th-April-11 because I was away from UK for more than 3 months in 1 go. In the refusal letter , it is mentioned that I can not appeal because my current visa(Tier 1) is still valid until 3rd-July-11 . Is there any way to appeal against the ILR refusal decision, please ?

Thanks ,

Pradha

1. I do not understand that if you do appeal (somwhow) how r u going to win it.
2. If you have not followed the requirement then how come u think that u will win the appeal.
3. You r not given appeal as u still have a valid leave to remain.

sushdmehta wrote:You cannot appeal when not given the right to.
A judicial review may be the only legal (and very expensive) option available to you.

Thanks sushdmehta for the reply. What would be approximate cost for the judicial review. I want to appeal because , I am UK based employee since last 5 years , but way from UK for 4 months for company work .

regards,
Pradha

pradhaa wrote:What would be approximate cost for the judicial review. I want to appeal because

Found the following on the net:

The cost of bringing a judicial review claim is considerable: in the region of £10,000 to £20,000 for a straightforward case, higher for a more complex matter. If the claimant is unsuccessful, they are likely to be liable for the defendant’s costs as well as their own. They are therefore looking at a legal bill of upwards of £30,000 if they lose, and they must be prepared for this eventuality, bearing in mind the unpredictability of judicial review proceedings and costs orders.

An old document (2007) but guess it is good enough to give you an idea!

pradhaa wrote:I am UK based employee since last 5 years , but way from UK for 4 months for company work.

What evidence did you provide to prove this "company work" outside the UK? Were you being paid in the UK during this time? If not, then why not - if you were employed by a UK based company and the absence was due to a "fixed term overseas assignment"?

What evidence did you provide to prove this "company work" outside the UK? Were you being paid in the UK during this time? If not, then why not - if you were employed by a UK based company and the absence was due to a "fixed term overseas assignment"?[/quote]

I provided my company letter as proof saying I was permanent UK employee from last 5 years and my 5 years P-60. I was getting salary in Indian currency for the 4 months. This is our company policy, where ever we are located, we will get salary with that country currency.

Thanks pradhaa

pradhaa wrote:I provided my company letter as proof saying I was permanent UK employee from last 5 years and my 5 years P-60. I was getting salary in Indian currency for the 4 months. This is our company policy, where ever we are located, we will get salary with that country currency.

1. So the letter made no mention of the fact that you were absent from the UK for work related overseas assignment? If it did not, then how how would the caseworker have known that your absence was amongst the ones that "could" be disregarded provided supporting evidence was available.

2. You were absent from UK for more than 90 days in single instance, working abroad, not paid in the UK (therefore no economic ties with UK for the period in question) and claim that the company policy is to pay salary to employees in foreign currency even when they are sent overseas on temporary short-term overseas assignment(!!) - I don't think the caseworker made an error in not applying discretion in your favor.

sushdmehta wrote:

pradhaa wrote:I provided my company letter as proof saying I was permanent UK employee from last 5 years and my 5 years P-60. I was getting salary in Indian currency for the 4 months. This is our company policy, where ever we are located, we will get salary with that country currency.

1. So the letter made no mention of the fact that you were absent from the UK for work related overseas assignment? If it did not, then how how would the caseworker have known that your absence was amongst the ones that "could" be disregarded provided supporting evidence was available.

2. You were absent from UK for more than 90 days in single instance, working abroad, not paid in the UK (therefore no economic ties with UK for the period in question) and claim that the company policy is to pay salary to employees in foreign currency even when they are sent overseas on temporary short-term overseas assignment(!!) - I don't think the caseworker made an error in not applying discretion in your favor.

In the comany letter, it is mentioned that I was sent on Business trip for the 4 months.

A representation/complaint can be made though not provided in immigration rules. There are precedents and you can seek help of local MP as well.
There is slight hope that they can review their decision especially if you have paid tax in uk of those 4 months

Your case proved again that same day service has many advantages including that one can explain any query of case worker

Does your p60 show those 4 months income or the tax paid? If not its clear, the jobs isnt linked to UK.

pradhaa wrote:What evidence did you provide to prove this "company work" outside the UK? Were you being paid in the UK during this time? If not, then why not - if you were employed by a UK based company and the absence was due to a "fixed term overseas assignment"?

I provided my company letter as proof saying I was permanent UK employee from last 5 years and my 5 years P-60. I was getting salary in Indian currency for the 4 months. This is our company policy, where ever we are located, we will get salary with that country currency.

Thanks pradhaa[/quote]


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hi,
Pradhaa, did you have a valid visa of UK for the 4 months when you were out of UK ?
regards

Yes , I have valid visa for 4 months. But I did not pay any tax for the 4 months.

What is the evidence of payment in local currency?
Tax is to deducted by the employer even in that case and deposited in the country where payment is made. If salary was not paid through banking channel and tax was not deducted/deposited in India than no one would believe on company letter you are refering