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Absence abroad > 90 days in a single trip

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


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Struggler
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Absence abroad > 90 days in a single trip

Post by Struggler » Tue Jun 21, 2011 11:31 am

Thanks
Last edited by Struggler on Mon Jul 04, 2011 10:53 am, edited 1 time in total.

Struggler
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Post by Struggler » Wed Jun 22, 2011 8:17 am

Any thoughts please?

Many thanks

Struggler
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Post by Struggler » Wed Jun 22, 2011 2:15 pm

Mods - any suggestions?

Thanks

khalidmirza
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Post by khalidmirza » Wed Jun 22, 2011 3:43 pm

Struggler wrote:Any thoughts please?

Many thanks
this is a very special case. Pl see this
2.3 Discretion in cases where continuous residence has been broken
Time spent here may exceptionally be aggregated, and continuity not insisted upon, for cases
where:

• 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. Where continuous residence has been
broken, periods may be aggregated or shortfalls disregarded only with the approval of an
SEO or Grade 7.
This discretion only applies where the continuity of residence has been broken due to
absences abroad. It does not apply where the lawfulness of residence in the UK has been broken, in other words where the applicant has overstayed during the 5 years. When
assessing whether an applicant has overstayed, caseworkers must refer to the IDIs, Chapter
1, Section 5: Section 3C and 3D of the Immigration Act 1971 (as amended).

Struggler
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Post by Struggler » Wed Jun 22, 2011 4:12 pm

Thanks for your input

Are SEO's or Grade 7 available at PEOs if I apply in person?

geriatrix
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Post by geriatrix » Wed Jun 22, 2011 4:18 pm

Any case involving caseworker discretion to arrive at a decision on the application (therefore not a straight-forward application) should not be submitted in-person.
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akash08
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Post by akash08 » Wed Jun 22, 2011 10:35 pm

As pointed, this is definitely not a PEO case. Apply by post.

Struggler
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Post by Struggler » Thu Jun 23, 2011 8:42 am

Is this a Home Office rule that cases involving caseworker discretion cannot apply at PEO?

Thanks

Greenie
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Post by Greenie » Thu Jun 23, 2011 8:47 am

Struggler wrote:Is this a Home Office rule that cases involving caseworker discretion cannot apply at PEO?

Thanks
yes - see Applying in person

Struggler
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Post by Struggler » Thu Jun 23, 2011 10:06 am

Sorry if I have missed it but nowhere does it say the caseworker cannot apply discretion at PEO?

However it does say that complex cases cannot be dealt at a PEO but I have read cases here where people have got ILR stamped with more than 3 months absense in a single trip (business reason).

The worst case would be that my application would turn into a postal application but I still believe its worth the monetary risk.

Any views on my support documents?

Many thanks

akash08
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Post by akash08 » Thu Jun 23, 2011 10:27 pm

Hi,

i am not the expert to comment on supporting documents and hope someone would answer .I would request you to keep us updated on your case.At this point, I am more than 100% sure that your case will be at best converted to a postal case (they may not even accept your form) but if you get a favourable treatment , it would be interesting to know.

Personally I have started declining legitimate business trips to India (and they are just a week's trip and I love them ) to keep my PEO option open.

Would be very keen to know what happens to your case.

Greenie
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Post by Greenie » Thu Jun 23, 2011 11:24 pm

Struggler wrote:Sorry if I have missed it but nowhere does it say the caseworker cannot apply discretion at PEO?

However it does say that complex cases cannot be dealt at a PEO but I have read cases here where people have got ILR stamped with more than 3 months absense in a single trip (business reason).

The worst case would be that my application would turn into a postal application but I still believe its worth the monetary risk.

Any views on my support documents?

Many thanks
Your case is complex because it would involve the exercise of discretion therefore it is not advisable to go to the peo. If you want to go anyway then obviously that's your decision.

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