Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Travelling Pending Appeal

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).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

Moderators: Casa, push, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe

Post Reply
doctor1989
Newbie
Posts: 38
Joined: Mon Feb 05, 2018 5:26 pm

Travelling Pending Appeal

Post by doctor1989 » Tue Jun 18, 2019 11:06 am

Hi team

My application for ILR (10 year route) was refused a couple of months ago and I appealed the decision.

My case was due to be heard in court a week ago, and I made plans to go on a short holiday 2 weeks after. However the case was postponed to another 6 weeks.

I still have leave valid for 2 years and my passport and travel documents were never taken from me. I never signed anything as far as I'm aware that prohibits me from travelling.

I know it's not advisable when you have a pending application, but given that my application was technically refused is anyone aware of any rules that would compromise my appeal if I got away for a weekend?

Please let me know (either from experience) or from specific rules that you would be able to quote. Cheers

User avatar
CR001
Moderator
Posts: 60596
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Travelling Pending Appeal

Post by CR001 » Tue Jun 18, 2019 11:15 am

Was it refused due to exceeding the absence limit?? Or something to do with your EU sponsor?

eea-route-applications/eea-family-membe ... l#p1689259

What were your absences and in particular the one long work related absence you wanted discretion on?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

doctor1989
Newbie
Posts: 38
Joined: Mon Feb 05, 2018 5:26 pm

Re: Travelling Pending Appeal

Post by doctor1989 » Tue Jun 18, 2019 1:29 pm

CR001 wrote:
Tue Jun 18, 2019 11:15 am
Was it refused due to exceeding the absence limit?? Or something to do with your EU sponsor?

eea-route-applications/eea-family-membe ... l#p1689259

What were your absences and in particular the one long work related absence you wanted discretion on?
The absences exceeded by 70 days. Or so which is what I'm appealing. I think they should have applied discretion.

If I reapply in 18 months (if my appeal is rejected) I will have to keep my absences to a minimum and I will have 23 days. So I am happy to take two this coming weekend.

The question is whether it would impact my appeal.

User avatar
CR001
Moderator
Posts: 60596
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Travelling Pending Appeal

Post by CR001 » Tue Jun 18, 2019 1:32 pm

doctor1989 wrote:
Tue Jun 18, 2019 1:29 pm
The absences exceeded by 70 days. Or so which is what I'm appealing. I think they should have applied discretion.
HO obviously chose not to apply discretion in your case, which by the way is VERY rare in long residence ILR cases. If you are over 540 in the 10 years, it is a refusal, regardless of your circumstances.

HO do not distinguish between personal and business absence for ILR LR. They all count.

https://dictionary.cambridge.org/dictio ... discretion
discretion noun [ U ] (RIGHT TO CHOOSE)

formal : the right or ability to decide something:
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

doctor1989
Newbie
Posts: 38
Joined: Mon Feb 05, 2018 5:26 pm

Re: Travelling Pending Appeal

Post by doctor1989 » Tue Jun 18, 2019 2:08 pm

CR001 wrote:
Tue Jun 18, 2019 1:32 pm
doctor1989 wrote:
Tue Jun 18, 2019 1:29 pm
The absences exceeded by 70 days. Or so which is what I'm appealing. I think they should have applied discretion.
HO obviously chose not to apply discretion in your case, which by the way is VERY rare in long residence ILR cases. If you are over 540 in the 10 years, it is a refusal, regardless of your circumstances.

HO do not distinguish between personal and business absence for ILR LR. They all count.

https://dictionary.cambridge.org/dictio ... discretion
discretion noun [ U ] (RIGHT TO CHOOSE)

formal : the right or ability to decide something:
Thank you. But that isn't really related to my question above. And it's really left to the judge in court to decide.

I know what the word discretion means thank you very much. I did manage a 6 year course in Medicine.

Post Reply
cron