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My ILR application got rejected...can someone help?

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passport_seeker
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My ILR application got rejected...can someone help?

Post by passport_seeker » Wed Aug 06, 2008 10:06 am

I am an Australian citizen who came to the UK under an ancestry visa. During my five years I have been absent from the UK for 281 days. In addition to this I have spent more than three months out of the country in any one year, twice. Once due to backpacking the other down to work experience.

I was informed when applying for ILR that my application had been refused because I had not spent a continuous period of 5 years in the UK in this capacity.

When I have tried to find exactly what the requirements are all I can find is this


"Persons with United Kingdom ancestry
Requirements for leave to enter on the grounds of United Kingdom ancestry

186. The requirements to be met by a person seeking leave to enter the United Kingdom on the grounds of his United Kingdom ancestry are that he:

(i) is a Commonwealth citizen; and

(ii) is aged 17 or over; and

(iii) is able to provide proof that one of his grandparents was born in the United Kingdom and Islands and that any such grandparent is the applicant's blood grandparent or grandparent by reason of an adoption recognised by the laws of the United Kingdom relating to adoption; and

(iv) is able to work and intends to take or seek employment in the United Kingdom; and

(v) will be able to maintain and accommodate himself and any dependants adequately without recourse to public funds; and

(vi) holds a valid United Kingdom entry clearance for entry in this capacity."

and


"Indefinite leave to remain on the grounds of United Kingdom ancestry

192. Indefinite leave to remain may be granted, on application, to a Commonwealth citizen with a United Kingdom born grandparent provided:

(i) he meets the requirements of paragraph 186 (i)-(v); and

(ii) he has spent a continuous period of 5 years in the United Kingdom in this capacity; and

(iii) he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application."

http://www.ukba.homeoffice.gov.uk/polic ... les/part5/

I was told by the case worker that I had spent 225 days out the country which is not permited and that on two seperate occasions I had spent more than three months out the country.

I simply cannot find any information on any website which stipulates this regulation in regard to settlement. I can only find the limits for absence for citizenship which is something like 450 days.

Can someone tell me what has happened here and whether this is an error??????

Thank you

paulp
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Post by paulp » Wed Aug 06, 2008 10:38 am

Periods abroad of more than 3 months are always going to be a problem. Moreover, it stands to reason that you are meant to spend 5 continuous years in the UK and your stays abroad break that continuity.

Here is the relevant section of the Immigration Directorate Instructions for caseworkers:
IDIs wrote:3. CALCULATION OF THE FOUR YEAR PERIOD FOR SETTLEMENT
In assessing whether or not an applicant has fulfilled the requirement to have spent 5 years in continuous residence in the same capacity, short absences abroad, for example for holidays (consistent with annual paid leave) or business trips (consistent with maintaining employment or self-employment in the United Kingdom), may be disregarded, provided he has clearly continued to be based here.
3.1. Discretion in cases where continuous residence has been broken
In addition, time spent here in this capacity may exceptionally be aggregated, and continuity not insisted upon, in cases where:
•
there have been no absences abroad (apart from those described in paragraph 3 above) and authorised employment or business here has not been broken by any interruptions of more than 3 months or amounting to more than 6 months in all; or
•
there have been longer absences abroad, provided the absences were for compelling grounds either of a compassionate nature or for reasons related to the applicant's employment or business in the United Kingdom. None of the absences abroad should be of more than 3 months, and they must not amount to more than 6 months in all.
NB: Decisions in such cases must be taken at HEO level or above.
In cases involving breaks in residence and/or employment or self-employment other than or in excess of those detailed above, periods may be aggregated or shortfalls disregarded only with the approval of an SEO or Grade 7

passport_seeker
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Post by passport_seeker » Wed Aug 06, 2008 11:44 am

I have just read some of Benz52's posts regarding paid leave from the country.

Would my situation be any different say for example if I was paid for my work experience? Which reduce my days to approx 220 days outside the country in a 5 year period?

Do you think I can appeal this decision???

Wanderer
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Ireland

Post by Wanderer » Wed Aug 06, 2008 11:53 am

The rules for ILR are no more than 180 days and no more than 90 at one time, seems you've gone over both limits.

You can get away with some of this it's an employer sending you abroad for ur job but that's about all the concessions. If you've been backpacking and working locally I think you're a bit stuffed.

Also you need to have passed the KOL test before applying for ILR.
An chéad stad eile Stáisiún Uí Chonghaile....

passport_seeker
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Post by passport_seeker » Wed Aug 06, 2008 1:41 pm

When having my interview they told me it was 225 days not 180.

Also I suspect you mean the life in the UK test when you sak KOL?

paulp
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Post by paulp » Wed Aug 06, 2008 2:34 pm

Knowledge of Life in the UK.

The 180 days may have been for the (previously) 4 year period but over 5 years, it becomes 225 days.

The HO, by not properly updating the IDIs (references to 4 years), are creating confusion for applicants.

Rosey
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Post by Rosey » Wed Aug 06, 2008 2:34 pm

KOL- killed online test which is Life in the UK test

republique
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Post by republique » Wed Aug 06, 2008 2:36 pm

passport_seeker wrote:When having my interview they told me it was 225 days not 180.

Also I suspect you mean the life in the UK test when you sak KOL?
they said you have 225 days absent when the limit is 180.

paulp
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Post by paulp » Wed Aug 06, 2008 2:38 pm

republique wrote:they said you have 225 days absent when the limit is 180.
180/4 * 5 = 225

republique
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Post by republique » Wed Aug 06, 2008 2:47 pm

paulp wrote:
republique wrote:they said you have 225 days absent when the limit is 180.
180/4 * 5 = 225
where is that written, I didn't think they had updated the rules to account for 5 years and were keeping the 4 years calculation for ILR.

paulp
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Post by paulp » Wed Aug 06, 2008 2:59 pm

republique wrote:
paulp wrote:
republique wrote:they said you have 225 days absent when the limit is 180.
180/4 * 5 = 225
where is that written, I didn't think they had updated the rules to account for 5 years and were keeping the 4 years calculation for ILR.
That's what the caseworker told him. So the HO may have updated their internal copies of the IDIs.

republique
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Post by republique » Wed Aug 06, 2008 3:03 pm

paulp wrote:
republique wrote:
paulp wrote:
republique wrote:they said you have 225 days absent when the limit is 180.
180/4 * 5 = 225
I am not sure that he meant that based on your calculation
He could have met he saw 225 absences out of the

where is that written, I didn't think they had updated the rules to account for 5 years and were keeping the 4 years calculation for ILR.
That's what the caseworker told him. So the HO may have updated their internal copies of the IDIs.
I think she meant 225 out of the 281 she couldn't disregard and not based on your lovely calculation due to an internal understanding of what the number should be.

katrina
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Post by katrina » Wed Aug 06, 2008 6:00 pm

Hi

so the new rule is 225 days but Ho did not updated their site .please is the caseworker told you about 225 days .


Thank You

Frontier Mole
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Post by Frontier Mole » Wed Aug 06, 2008 6:10 pm

Accepting you are over the number of days whatever way you cut and dice it - what is the practical solution?

I have heard of others in your position - don't you just extent your visa and stay on in the UK being mindful of the number of days. This time making sure the five year period you rely on does not include large periods of absence? You are up the creek if your longest periods of absence have been in the last couple of years though.

paulp
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Post by paulp » Wed Aug 06, 2008 6:23 pm

republique wrote:
paulp wrote:That's what the caseworker told him. So the HO may have updated their internal copies of the IDIs.
I think she meant 225 out of the 281 she couldn't disregard and not based on your lovely calculation due to an internal understanding of what the number should be.
See below:
passport_seeker wrote:When having my interview they told me it was 225 days not 180.

republique
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Post by republique » Wed Aug 06, 2008 9:43 pm

paulp wrote:
republique wrote:
paulp wrote:That's what the caseworker told him. So the HO may have updated their internal copies of the IDIs.
I think she meant 225 out of the 281 she couldn't disregard and not based on your lovely calculation due to an internal understanding of what the number should be.
See below:
passport_seeker wrote:When having my interview they told me it was 225 days not 180.
that might be the case, but the way it has been phrased it can be just as well what I am proposing

passport_seeker
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Post by passport_seeker » Wed Aug 06, 2008 9:46 pm

The case worker told me that the limit I was allowed out the country was 225 days. They said I had exceeded that which is in line with the amount of days I was out of the country.

They ended up giving me a five year visa which is Temp leave to remain. However that puts me right back where I was when I first entered the UK. So in all likelyhood, in five years time I will have to get another visa for three years before I can apply for citizenship. This is based on the upcoming changes of extending the time period!

paulp
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Post by paulp » Wed Aug 06, 2008 10:03 pm

passport_seeker, can you give us the dates when you have those 3+ month breaks? In the next five years, you can apply at any time that your stays abroad become ok. The aim is to find if you can apply in 1 or 2 years.

republique
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Post by republique » Wed Aug 06, 2008 10:03 pm

passport_seeker wrote:The case worker told me that the limit I was allowed out the country was 225 days. They said I had exceeded that which is in line with the amount of days I was out of the country.

They ended up giving me a five year visa which is Temp leave to remain. However that puts me right back where I was when I first entered the UK. So in all likelyhood, in five years time I will have to get another visa for three years before I can apply for citizenship. This is based on the upcoming changes of extending the time period!
Ah that's too bad
but thanks for confirming that is the internal understanding, it will help the board.
I guess the only thing you can do is depending how many days were work related and if that brings it closer to the number they will swallow, then perhaps you can get peo level 7 to relook at the case file

PaulM
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Post by PaulM » Wed Aug 06, 2008 10:25 pm

To the OP ---Surely you could use the new 5 year visa to make up the days that you exceeded and then once that is done apply for ILR ?

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