Anyone had their ILR rejected for time spent outside UK?

goldfish · Post by **goldfish** » Fri Sep 14, 2007 3:36 pm

Thanks jes2jes, appreciate the support. The reason I ask questions on the forum is because I've searched and not been able to find information myself. SYH's suggestions were completely unhelpful - the information was not in the locations suggested and if he/she is so sure of where to find it, why not give a reference for everyone's benefit rather than suggest "search for residence" which results in hundreds of matches on the BIA website.

SYH · Post by **SYH** » Fri Sep 14, 2007 3:44 pm

goldfish wrote:Thanks jes2jes, appreciate the support. The reason I ask questions on the forum is because I've searched and not been able to find information myself. SYH's suggestions were completely unhelpful - the information was not in the locations suggested and if he/she is so sure of where to find it, why not give a reference for everyone's benefit rather than suggest "search for residence" which results in hundreds of matches on the BIA website.

Because then I would be doing the work for you and everyone else who was so inept to figure it out for themselves. Dont' know how you researched it but you didn't do it right.

John · Post by **John** » Fri Sep 14, 2007 7:20 pm

SYH, the general idea is that posts on this Board are meant to be helpful, so merely posting something meaning, in effect, look it up for yourself, is not really too helpful, is it.

No one is obliged to post .... if you, or anyone else for that matter, does not want to help, or does not know the information .... well simply don't post!

SYH · Post by **SYH** » Fri Sep 14, 2007 8:24 pm

John wrote:SYH, the general idea is that posts on this Board are meant to be helpful, so merely posting something meaning, in effect, look it up for yourself, is not really too helpful, is it.

No one is obliged to post .... if you, or anyone else for that matter, does not want to help, or does not know the information .... well simply don't post!

First of all, for the most part, I will just post the link. Please see
http://www.immigrationboards.com/viewto ... ht=#114014
When I don't know the answer, I bow out see
http://www.immigrationboards.com/viewto ... sc&start=0
since you insinuate otherwise
Second, I gave her the answer and where to find the documentation that supports the opinion
Third, if you read the thread you will see I explained quite clearly how she could find the information, her response was is there a more efficient method, when I commented it about her lack of initiative, she didn't deny it.
Fourth only after there was a bit of a dispute, then she started to pretend she looked and couldn't find it and I was being unhelpful.
Fifth, you can't tell me that if you go to the bia site type in residence in search you won't find the answer which just goes to show she didn't bother to do it. It comes up fourth on the list and and states residence requirement, pretty plain and simple to me
Otherwise there was nothing else left than to go get it for her which shouldn't be the default in the definition of helping.
Giving somoene directions isn't the same as figure it out for yourself and I never told her that.

raniwza · Post by **raniwza** » Sat Sep 15, 2007 7:32 am

Hi - The title of the post asked if anyone has been rejected when applied ILR so I came in because my application has been refused. But I have not found an answer yet;

Will my current requests for reconsiderations/appeals will be cancelled if I extend my visa to resit exam/finish my one last paper with ACCA this October?

I do not want to pay Â£750 again for a fresh ILR application. It is too costly.

Please help?

( I really am tempted to leave all of my UK debt commitments behind now since so much incosiderations by HO staff on my case-merely due to 16 days gap?! Over 10 years long stay?! I haven't even been out the country more than 3 months at a time and met ALL other requirements )

sunnyday · Post by **sunnyday** » Sat Sep 15, 2007 1:37 pm

I think you should get a solicitor to deal with your case. Don't waste your time wondering about your questions yourself. Ask and get help asap. Get loads of information from different solicitors if you could.

raniwza · Post by **raniwza** » Sat Sep 15, 2007 4:32 pm

Thanks Sunnyday

My lawyer thinks it won't be cancelled so I am ok so far. However, I m still wondering; could we ask them to decide quicker? I have to go abroad in couple of weeks now - meaning i may have to extend my visa at PEO for Â£500 (More money!

) since I can only apply 28 days before the current visa expires.

Can I ask my lawyer to ring them for progress? Or can I not do it myself? So worried. It's been 3 weeks since the lawyer sent the letter requesting for reconsideration. Uncertainties really are killing me

William Blake · Post by **William Blake** » Sun Sep 16, 2007 11:01 am

Can she do that? If she has applied in one category already (ILR TEN YEAR RULE) can she apply for student extension before the outcome of the ILR ?

I think you should run the idea by your soilicitor that he or you should send another letter to Home Office setting out your personal circumstance an that you have ongoing studies and you dont want this jeopardised. But I also think you should not do anything that would jeopardize your current ILR application. Is your solicitor not helpful ? Then ring BIA yourself. You dont have to identify yourself to them just give a name and pose your question. Ask them to direct you to any information in the rules about your situation. But get vigorous right about now. Its your life.

William Blake · Post by **William Blake** » Sun Sep 16, 2007 11:04 am

raniwza wrote:
Can I ask my lawyer to ring them for progress? Or can I not do it myself? So worried. It's been 3 weeks since the lawyer sent the letter requesting for reconsideration. Uncertainties really are killing me

Yes you can ring the enquiry line and ask what is the current situation with the application.

To which they will say it is awaiting assignment to a caseworker or it has been assigned and awaiting outcome. But its worth it to ring. Did you get a letter back from them saying they were dealing with it ? If not then defintiely ring them.

raniwza · Post by **raniwza** » Mon Sep 17, 2007 7:30 am

Hi William

Thanks for the responses. I have been in touch with my lawyer every week now. He had been helpful when he got the time. He has been very busy. He advised me that since I have to go back to Malaysia this 11th October, I can apply for student visa extension whilst the reconsideration process is pending. The ILR application process will not be cancelled. Furthermore, he said he still have the passports therefore there is no need to ask anything from the HO but wait for their decision.

I have to make the extension because when I get back from Malaysia my visa will expire. I have rang the British embassy in Malaysia; they don't deal with visa extension especially not when only one paper to resit (exam). That can only be done in the UK. To avoid the danger of being refused entry/deported, it is best to apply the extension before going abroad.

VictoriaS · Post by **VictoriaS** » Mon Sep 17, 2007 11:12 am

How can you travel when you have two outstanding applications in the Home Office? The only way to get the passport back is to withdraw the application.

Victoria

raniwza · Post by **raniwza** » Mon Sep 17, 2007 12:26 pm

Victoria

The passports are with us. The application has been refused but we sent a letter request for reconsideration in light with new information (as per previous postings). It is no longer an application but some sort of appeal; but because my current visa is still active until the end of october, i cannot properly appeal just yet.

Whilst now i m considering to apply an extension because my visa will expire when i come back from abroad therefore i was advised to sort the extension out before travelling abroad.

What are your experiences on this from previous clients' cases?

VictoriaS · Post by **VictoriaS** » Mon Sep 17, 2007 12:35 pm

I think you are taking a big risk by leaving the country.

Victoria

jes2jes · Post by **jes2jes** » Mon Sep 17, 2007 1:15 pm

VictoriaS wrote:I think you are taking a big risk by leaving the country.

Victoria

Victoria:
I posted the following in this thread but the OP is not paying attention and I don't know what else he wants to hear. He has to make his/her own decisions and wants the board to do that for him/her. After presenting all the facts I pointed out what I think was best (IMHO) and the consequencies. On top of that, S-He has a lawyer advising so I see know reason for the panic. I can understand sometimes the situation can make things a bit jittery for us but my advise to Him/Her again is that, What is more important to You: The Wedding or Your stay in the UK?

Quote:
I have a wedding that I cannot miss this October therefore have already booked a flight to go back to Malaysia on the 11th.

Make sure you would return before your visa expires but I would not make travel plans if my immigrational issue is not sorted yet.

Quote:
My current leave to remain will expire on the 31st October hence I can only apply for extension 28 days before ie 3rd October to resit my one paper. I have already found out that the British Embassy in Malaysia would not grant an extension for somebody only resitting one ACCA paper. But UK Home Office would extend a visa to 1 year (as experienced by a friend last year on the same situation). Therefore, I need to extend my visa here in the UK.

Is this the only paper left to write or there are more? You can apply for extension but I doubt you would be given 1 year LTR to resit a paper.

Quote:
My current dilemma is if, I extend my visa, would my reconsiderations letters by lawyers for the permanent residence still stands (meaning will I still have chance for the PR status) or will I need to reapply again when the new extension of student visa expires? The PR application already costs me a lot of money.

I think you should wait unitl you hear from the BIA concerning your representation before you make another application. I believe your passport is still with them. If by the end of October, you had not heard anything then you can make another application for FLTR before the expiration of your current leave to avoid being an overstayer.

Quote:
Another dilemma is, if I apply through post on the 3rd October, can I get my passports back to fly back to Malaysia before the 11th October? The post costs Â£295.00. Or do I need to go for 1 day processing? Will that not cost me Â£500.00? After all, my exam will be in December 2007 and the results will come out in February 2008. Will I get one year or 6 months extension? A friend sent hers in post and got 1 year extension but mine? I don't really know.

There is no guarantee when it comes to postal application as to processing times but they mostly make a decision within 4 weeks. You can go for same day processing and pay the fee for that.

My advise (this is just my advise and you do not need to heed to it ) is to put the wedding plans on hold until such time that you have heard about the decision concerning the reconsideration. Did you send your passport with the letters your lawyer wrote? If not, when they decide to grant you ILR based on your lawyer's representation, there would be more delays since you would have to mail the passport to them for them to stamp it and will delay your flying to Malaysia.

If your representation is refused then go ahead and make an application to vary your current LTR to write your exams and then you can fly but it is possible you would miss your flight to the wedding. My fear is that, when you go and your return, you do not meet a very reasonable IO, they can deny you entry based on technicalities (i.e. the resit of the paper can be done anywhere in the world).

Can you post the exact dates for your entry into the country and any holidays you had had within the 10 years? From this, we can deduce when you can apply for your ILR in light of your gap.

_________________
Praise The Lord!!!!

raniwza · Post by **raniwza** » Wed Sep 19, 2007 12:10 pm

Hi guys

Thanks for this, I have booked flights that will allow me to arrive at Heathrow airport 7 days before my visa expires. Will I have problem to get in with my dependant? Because for student visa extension, that can be only be done at the Home Office in UK not British Embassy in Kuala Lumpur. Yes, I am thinking of not applying further until this one is settled. I'll come back into UK 7 days before the visas expire (mine and dependant). Anyone has problem trying to get into UK (at the airport) several days before expires?

Thanks so much

VictoriaS · Post by **VictoriaS** » Wed Sep 19, 2007 4:08 pm

As long as you make clear that you will be going to extend, and have evidence that you are still registered on a course, you should be okay.

Victoria

William Blake · Post by **William Blake** » Sun Oct 14, 2007 2:52 pm

So is it definitley the case that passports do not have to be included when applying for reconsideration as in this case ?

So if a reconsideration is outstanding can the person apply for another visa eg a student visa. If they uphold the ILR application then what will they return the stamp on ? Also when does the clock stop in such a case ? ie if the person is declined ILR but renew the student visa before it expires can they then apply again counting ten years from the break upon which they were refused ?

Is this clear ? In ranizwa case she was refused and got the passport back but did not send it back with the letter of reconsideration? Can this always be done - the passport is not needed ? And if she keeps the passport and then extends the student visa has the clock stopped? Could she apply again counting ten years from the break in continuous residence ?

Gtk · Post by **Gtk** » Wed Oct 17, 2007 1:40 pm

Hi guys,

I have worked in the UK for the last 5 years on 3 different work permits. In my very first job I was sent out of the country for work for a period of 8 months. The single over 3 month absence I have had. This was from Oct 02 - july 03. Unfortunately I don't have a copy of my P60 and as the company was having cashflow problem we were paid randomly, so I don't have any regular income coming into the bank for that period.

Due to cashflow problems the company was closed around 3 years ago, as a result I can't get a letter from the employer confirming that I was working for this period. What are my options here? Can I still apply for my ILR and get it? Or is mine most likely to be reject due to this?

Any advice is appreciated.

Thanks for you help in advance.

VictoriaS · Post by **VictoriaS** » Wed Oct 17, 2007 4:10 pm

No need to post and PM...

Victoria

was · Post by **was** » Fri Oct 19, 2007 5:59 pm

Gtk wrote:Hi guys,

I have worked in the UK for the last 5 years on 3 different work permits. In my very first job I was sent out of the country for work for a period of 8 months. The single over 3 month absence I have had. This was from Oct 02 - july 03. Unfortunately I don't have a copy of my P60 and as the company was having cashflow problem we were paid randomly, so I don't have any regular income coming into the bank for that period.

Due to cashflow problems the company was closed around 3 years ago, as a result I can't get a letter from the employer confirming that I was working for this period. What are my options here? Can I still apply for my ILR and get it? Or is mine most likely to be reject due to this?

Any advice is appreciated.

Thanks for you help in advance.

HI gtk
what was ur total absences in whole 5 years and on how many occassions u were out of country for more than3 months.

was · Post by **was** » Fri Oct 19, 2007 6:00 pm

VictoriaS wrote:No need to post and PM...

Victoria

whats PM victoria

abroruzb · Post by **abroruzb** » Sat Oct 20, 2007 1:44 am

Hi WAS,

PM means PRIVATE MESSAGE

was · Post by **was** » Sun Oct 21, 2007 7:36 am

abroruzb wrote:Hi WAS,

PM means PRIVATE MESSAGE

thanks abroruzb

kariarxy · Post by **kariarxy** » Tue Dec 11, 2007 4:31 pm

IMMIGRATION LAWYER wrote:Not to exceed 180 days out of the UK in 5 years if you want your application to be decided on the same day.

Could be slightly more if there was a need for you to travel under your work arangements.

Significant time spent in the UK (in the case of my recent client, 300 days) has resulted in teh application being refused and then further dismissed by the AIT...

What do you mean Significant time spent in the UK (in the case of my recent client, 300 days)??? you mean 300 days spent In UK or Outside UK?

usemobile · Post by **usemobile** » Thu Jan 31, 2008 2:37 pm

What is the situation if we lose passport dont remember outgoing dates from uk.

As we know while going out of the country they dont put stamp, still coming off course entry will be there.

Any ideas or experience ?

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