Long residency ILR REFUSED!! Help please

[hendrickache]

Hi

I have recently been refused Indefinite leave to remain on the grounds that I have broken the period of 10 year continous residence. I have spent over the 18 months out of the UK over my 10 year stay in the UK (from August 2001- August 2011) with my absences totalling 24.6 months. I met all other criterias.

It is really frustrating as I first entered the UK as a young student when I was 13 due to my Father deciding to send me a (very expensive) British boarding school where I spent 5 yrs of my life. I then moved to University in Bath and spent a further 4 years and now I have right to be in the country on a post-study work visa expiring in sept 2012. I have never claimed state benefits, fully integrated myself into society (people are very surprised to here I am not English born when they speak to me)and have only contributed postively to society, not to mention the huge tutition fees I've paid throught my education here.

I have really spent my formative years here in this country and consider it my home. All my friends are here, my job is here, my girlfriend is here, my dreams and aspirations are here, my life is here and I will find it gut-wrenching if I have to leave when my post-study work visa expires next year.

During my time as a student I would always go away on summer, christmas and easter holidays to visit family and friends across the globe. I would go on holiday for around 2.5months every year in the 10 years I have been here and never once thought of the consequences this will have on my eligibility to apply for ILR.

I find it rediculous that some people have been granted leave to remain and even citizenship when they can hardly speak the language yet alone contribute to society and the economy just because they have had a fewer less absences from the country.

Sorry for blabbing on and on about my situation I know many of you have your problems etc but I guess what i eventually wanted to come to was to ask if anybody knows or has had a similar experience and kindly advice me on what steps I can take from this point?? Is this criteria of not having spent 18 months outside the UK flexible on a case-by-case basis?

I am considering writing to my local MP, or getting an immigration solicitor to review my case to see what options are available to me. In the refusal letter they said that as I still have right to remain in the UK till sept 2012 so I am not entitled to appeal the refusal.... any advice on that?

Thank you

[hsmpengineer]

Really sorry about your case. Unfortunately i doubt if caseworker discretion considers facts such as fees paid, social integration and public perception of your good self! You are right when you imply that people apparently less deserving have successfully been granted ILR. I have been in theis country since 2002! I only got hsmp in 2007 though and should be getting ILR early next year!!!! I have picked up many MANY people from heathrow and watched them take their first steps on this land called Great Britain and behold majority of them have ILR/Ctizenship already and i am still a visa boy!! lol :lol:

Hope it goes well for you mate

[hendrickache]

It is rather unfair but thanks and good luck to you too.

[vinny]

Difficult.

[hendrickache]

Very. I am so depressed thinking about having to leave next year. Anything I can do to reverse this decision?

[Obie]

Yes they are right, you cannot appeal the decision as you have a current leave to remain.

Is there a possibility that you would have accrued 10 years of residence with less than 18 months away by the Autumn of 2012, if that is the case, you can apply again. You may have to reduce your holidays to achieve this target quicker, but it could be done.

You mentioned you have a girlfriend, is she British or someone with ILR? and have you lived together as a couple for 2 years or more,?if that is the case, you could make an application for umnarried partners visa, if you are unable to find a sponsor for tier 2 after you post study work visa expires.

You could make a Human right application after you visa expires and see how it goes. Also ask your employer, if they are able to sponsor you for Tier 2.

Before you notice, you would have qualified for ILR. Try not to get too stressed, there is more to life than ILR. Asking MP will not achieve much as they will say the rules are the rules. You could still try though.

Wish you all the best mate

[vinny]

Hi

I have recently been refused Indefinite leave to remain on the grounds that I have broken the period of 10 year continous residence. I have spent over the 18 months out of the UK over my 10 year stay in the UK (from August 2001- August 2011) with my absences totalling 24.6 months. I met all other criterias.

I first entered the UK as a young student when I was 13 to complete secondary school. I then spent 4 years completing my undergrad, obtained a 2 year post-study work visa and worked for one year and now I am back in school to complete my masters. I have leave to remain till September 2012.

During my time as a student particularly in secondary school I would always go away most summer, Christmas and Easter holidays to visit family. During my undergrad my mum who resided in Paris was suffering from cancer so I would visit her at every opportunity to provide moral and hands on support. All in all i would be absent for approximately 3 months every year and never once thought of the consequences this will have on my eligibility to apply for ILR.

I have spent my formative years here in this country and consider it my home. All my friends and professional acquaintances are here, my girlfriend is here, my dreams and aspirations are here... I just find it very difficult contemplating leaving if i don't manage to get an extension by September.

I would really appreciate it if you could provide some advice on what legal steps I can take from here? Is this criteria of not having spent 18 months outside the UK flexible on a case-by-case basis?

In the refusal letter they said that as I still have right to remain in the UK till Sept 2012 I am not entitled to appeal the refusal - any advice on this?

[geriatrix]

For update see here.