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Anyone had their ILR rejected for time spent outside UK?

General UK immigration & work permits; don't post job search or family related topics!

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raniwza
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Location: manchester

Post by raniwza » Fri Sep 07, 2007 5:13 am

I forgot to ask another question;

If I extend my visa until next year, what will happen to my current application for permanent residence? Will that still be valid ie Can we still continue to ask to reconsider and approach Member of Parliament if still refused?

Help :(

William Blake
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Post by William Blake » Fri Sep 07, 2007 6:00 pm

Yeah but this isn't your wedding - so maybe you are not so stuck - right?
Every night and every morn
Some to misery are born.
Every morn and every night
Some are born to sweet delight.
Some are born to sweet delight,
Some are born to endless night

sunnyday
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Post by sunnyday » Sat Sep 08, 2007 10:14 am

raniwza

Were you refused when using an in person service?

sunnyday
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Post by sunnyday » Sat Sep 08, 2007 10:19 am

and by the way William Blake

Did you have any news on your application? I remember your case has a one month gap too.

sunnyday
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Post by sunnyday » Sat Sep 08, 2007 10:26 am

I think if Ranizwa has a job offer waiting on the condition of him obtaining an ILR (therefore able to work legally), it might help him?

ilr_apply
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Post by ilr_apply » Sat Sep 08, 2007 3:26 pm

vic wrote:Hello all,

heeeeehaaaawwwwww !!

got my ILR today at croydon.

my experience
although my appointment was for 9am I landed early at 8am & was into the building early after the security check. By 8:25am I had seen the guy on ground floor counter who checked if I had all the requisite papers & reviewed my previous contacts with HO in his computer (basically a previous change of work permit) - he also checked by passport to ensure I had the requisite entry clearance & that I had almost done my 5 years. Then went onto 1st floor to pay the £950 and was then on 2nd floor, awaiting my number to be called by a caseworker, at 8:35am.

My number got called by a caseworker at about 9:10am where I had to sit on the other side of a glass counter (& could almost clearly hear the conversations of the other applicants sat on the neighboring counters ---- basically theres an endless row of counters). The caseworker was really nice. It it took me about 40 minutes in all at the counter - while she was going through my application & typing into the computer. i got my passport back with the ILR sticker at about 11:10 am

re: absences
the caseworker looked very keenly on the section 6 (I took all the 8 rows -- but didnt need to attach any new sheet). She then calculated the number of days & added them up. I was out 195 days by her calculation. I explained to her that the annex F clearly states that absences 'consistent with paid annual leave' are fine and that my employer's letter clearly stated that I am entitled to 7 weeks annual leave per year (i work weekends & bank holidays ---- so bank holidays get added to my annual leave allowance ....basically i take them anytime just like annual leave). Also I had another letter from my employer to say that I had been away doing a research study abroad last year & that this was funded by them ...... she then asked to see my pay slips for those months. She then told me that the case will need to be referred to a senior caseworker but told me not to worry as I was paid in the uk (using pay slips as evidence) while I was away during that particular 10 week absence - she then went off with my papers and came back after 10 minutes to say that it had been approved. i didnt get to see the senior caseworker.

i hope i have given you an insight of how they handled my case today. Please post here if you have any questions/ comments & I will try my best to answer them.

good luck to all who are yet to apply ----- & remember to take as much supporting evidence with you as you can to justify your absences.

P.S. - Thanks to you all (& this forum) for your guidance when I was preparing my application. A special thanks to Victoria for replying to my PM ----- as you can see, I followed all of your advice.
hi vic
did you got any idea how they calculated ur absences, do they counted they inbound and outbound day of ur journey in total or excluded that.
for e.g going out on friday andreturning monday, how many days will it be

SYH
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Post by SYH » Sat Sep 08, 2007 3:38 pm

Vic how many absences did you have?

raniwza
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Posts: 75
Joined: Sun Jun 05, 2005 3:23 pm
Location: manchester

Post by raniwza » Sat Sep 08, 2007 6:11 pm

Well, the thing that I am stucked with; it is MY wedding; the only problem is it is not me who organised it;it's my mother in law-and as far as we know a no is not an aswer to her. I just wish the HO would cpme back to me asap to let me off with that ilr - will make like so much easier living here in the uk than near her - what family's like! No freedom and privacy :cry:

raniwza
Junior Member
Posts: 75
Joined: Sun Jun 05, 2005 3:23 pm
Location: manchester

Post by raniwza » Sat Sep 08, 2007 6:16 pm

Sorry sunny i forgot to answer your question; yes i was refused at the reception but what i should have done (according to a friend who got away with ilr); i should have argued with the receptionist politely asking to talk with the officer inside and showed all of documents of evidences of 10 years i had prepared equiped with explanations etc.

I know people who were far from perfect managed to get the ilr. Why me with the problem?? So unlucky :cry:

raniwza
Junior Member
Posts: 75
Joined: Sun Jun 05, 2005 3:23 pm
Location: manchester

Post by raniwza » Sat Sep 08, 2007 6:18 pm

If I extend my visa until next year, what will happen to my current application for permanent residence? Will that still be valid ie Can we still continue to ask to reconsider and approach Member of Parliament if still refused?

Help :(

William Blake
Member of Standing
Posts: 286
Joined: Thu Jun 07, 2007 8:55 pm

Post by William Blake » Sun Sep 09, 2007 12:09 pm

Thanks for your enquiry sunnyday.

I have had a lot of advice regarding my application and due to the one-month gap the application needs to be strongly supported with other documents and valid points. This is taking some time to put together. So my application has not been submitted as yet. But I think soon.
Every night and every morn
Some to misery are born.
Every morn and every night
Some are born to sweet delight.
Some are born to sweet delight,
Some are born to endless night

William Blake
Member of Standing
Posts: 286
Joined: Thu Jun 07, 2007 8:55 pm

Post by William Blake » Sun Sep 09, 2007 12:13 pm

Ranizwa,

I thought you were already married.
Every night and every morn
Some to misery are born.
Every morn and every night
Some are born to sweet delight.
Some are born to sweet delight,
Some are born to endless night

raniwza
Junior Member
Posts: 75
Joined: Sun Jun 05, 2005 3:23 pm
Location: manchester

Post by raniwza » Sun Sep 09, 2007 4:37 pm

Yes, but only in UK - We are not registered as married in Malaysia yet. Where are you from William Blake? I hope you will be luckier than me when getting the pr.

William Blake
Member of Standing
Posts: 286
Joined: Thu Jun 07, 2007 8:55 pm

Post by William Blake » Sun Sep 09, 2007 5:29 pm

raniwza wrote: Where are you from William Blake?
I am from a place called misery where the nights are very long.
Every night and every morn
Some to misery are born.
Every morn and every night
Some are born to sweet delight.
Some are born to sweet delight,
Some are born to endless night

goldfish
Member of Standing
Posts: 486
Joined: Tue Nov 14, 2006 10:12 am

British Overseas Territories

Post by goldfish » Thu Sep 13, 2007 12:38 pm

Does it specify anywhere whether time spent in British Overseas Territories counts as an absence from the UK for settlement purposes? I'm thinking about doing some contracting in Gibraltar, but wouldn't do it if that counted as an absence.

SYH
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Re: British Overseas Territories

Post by SYH » Thu Sep 13, 2007 12:40 pm

goldfish wrote:Does it specify anywhere whether time spent in British Overseas Territories counts as an absence from the UK for settlement purposes? I'm thinking about doing some contracting in Gibraltar, but wouldn't do it if that counted as an absence.
its an absence, look at the residence requirement in the annex

goldfish
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Re: British Overseas Territories

Post by goldfish » Thu Sep 13, 2007 12:49 pm

SYH wrote:
goldfish wrote:Does it specify anywhere whether time spent in British Overseas Territories counts as an absence from the UK for settlement purposes? I'm thinking about doing some contracting in Gibraltar, but wouldn't do it if that counted as an absence.
its an absence, look at the residence requirement in the annex
Thanks SYH, I'm looking at Annex F but can't see any references. Can you confirm which Annex you mean and where it is mentioned?

SYH
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Re: British Overseas Territories

Post by SYH » Thu Sep 13, 2007 12:55 pm

goldfish wrote:
SYH wrote:
goldfish wrote:Does it specify anywhere whether time spent in British Overseas Territories counts as an absence from the UK for settlement purposes? I'm thinking about doing some contracting in Gibraltar, but wouldn't do it if that counted as an absence.
its an absence, look at the residence requirement in the annex
Thanks SYH, I'm looking at Annex F but can't see any references. Can you confirm which Annex you mean and where it is mentioned?
then do a simple search, write the word residence

goldfish
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Joined: Tue Nov 14, 2006 10:12 am

Re: British Overseas Territories

Post by goldfish » Thu Sep 13, 2007 1:02 pm

SYH wrote:
goldfish wrote:
SYH wrote:
goldfish wrote:Does it specify anywhere whether time spent in British Overseas Territories counts as an absence from the UK for settlement purposes? I'm thinking about doing some contracting in Gibraltar, but wouldn't do it if that counted as an absence.
its an absence, look at the residence requirement in the annex
Thanks SYH, I'm looking at Annex F but can't see any references. Can you confirm which Annex you mean and where it is mentioned?
then do a simple search, write the word residence
The Annex F I have is only 3 pages so not very difficult to read in its entirety. Maybe you could direct me to a current version of Annex F, or perhaps someone else can help?

SYH
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Re: British Overseas Territories

Post by SYH » Thu Sep 13, 2007 2:27 pm

goldfish wrote:
SYH wrote:
goldfish wrote:
SYH wrote: its an absence, look at the residence requirement in the annex
Thanks SYH, I'm looking at Annex F but can't see any references. Can you confirm which Annex you mean and where it is mentioned?
then do a simple search, write the word residence
The Annex F I have is only 3 pages so not very difficult to read in its entirety. Maybe you could direct me to a current version of Annex F, or perhaps someone else can help?
You are not listening, go to the bia site and type in search residence

goldfish
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Re: British Overseas Territories

Post by goldfish » Fri Sep 14, 2007 7:19 am

Can anyone else offer a more efficient approach to getting this information?

SYH
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Re: British Overseas Territories

Post by SYH » Fri Sep 14, 2007 7:30 am

goldfish wrote:Can anyone else offer a more efficient approach to getting this information?
You lazy bum. You mean you want someone to do the search for you. If you followed the directions, your question would have been answered by now

jes2jes
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Re: British Overseas Territories

Post by jes2jes » Fri Sep 14, 2007 11:17 am

SYH wrote:
goldfish wrote:Can anyone else offer a more efficient approach to getting this information?
You lazy bum. You mean you want someone to do the search for you. If you followed the directions, your question would have been answered by now
I think you should tone down your language a bit since you are trying to be too harsh with some posters on this board. I saw a post which you called someone a knuckle head and Victoria wrote about it. You made it pass as humour which wasn't.
If you know you cannot help please do not comment on the post at all.

To the OP, Off the top of my head, I do not think Residency in any of the BOTs count for Naturalisation. I would have to check. I remember asking the same question a while back and JAJ said no. I will look for the post and let you know.

Best wishes.
Praise The Lord!!!!

jes2jes
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Post by jes2jes » Fri Sep 14, 2007 11:26 am

Goldfish:

I found the answer and I am pasting it below:
jes2jes wrote:

Hello everyone: I have a quick question and hope someone can answer this. Does time spent in any of the BOT's count towards ILR or Naturalisation?

JAJ's Answer:
Short answer : No. Time in a BOT will not count for obtaining/keeping ILR, or for naturalisation.

If you mean a Crown Dependency - Jersey, Guernsey, Isle of Man - then the ILR rules are a very grey area and not advisable to risk it. But time in a Crown Dependency does count for naturalisation.

http://www.immigrationboards.com/viewto ... +territory
Praise The Lord!!!!

SYH
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Re: British Overseas Territories

Post by SYH » Fri Sep 14, 2007 12:40 pm

jes2jes wrote:
I think you should tone down your language a bit since you are trying to be too harsh with some posters on this board. ...
Best wishes.
Your opinion
Respect mine.
You are not the police.

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