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SET (LR) refused - Help

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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naval1234
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Joined: Thu Jan 05, 2012 12:57 pm
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India

SET (LR) refused - Help

Post by naval1234 » Fri Sep 01, 2017 5:13 pm

Hi All,

I would really appreciate your urgent help in this case.

One of my friends had his 10 year Long residence ILR application refused at Cardiff PEO appointment.

The reason stated is as below.

"In section D3 of the application form you were required to submit a full list of absences from the United Kingdom. You completed this section and the list of absences totaled 404 days.

However , you included one absence as follows:

27/03/2014 to 23/12/2014 - Business Trip - USA

This absence alone is for a total of 270 consecutive days. 6 months would be considered as 180 days.
You provided an employer's letter dated 10 August 2017 confirming this absence was for business reasons.
Careful consideration has been given as to whether discretion should be applied, and it is considered that it would not be appropriate in this case.
For the reason outlined above your application for indefinite leave to remain on the grounds of Long residence is refused as you have failed to meet the requirements of the Immigration Rules under Paragraph 276D with reference to Paragraph 276A(a) and 276B(i)(a) of the Immigration Rules."


Q1: Should my friend apply again using the 5 year Tier 2 general route (he is eligible for it as well) to bypass the business trip?

Q2: (general question) If the business trip is less then 180 days, lets say 85 days is the person still eligible in both categories, ie Set O and Set LR

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CR001
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South Africa

Re: SET (LR) refused - Help

Post by CR001 » Fri Sep 01, 2017 6:14 pm

Q1: Should my friend apply again using the 5 year Tier 2 general route (he is eligible for it as well) to bypass the business trip?
Yes, provided he can split the absence into two different 12 month cycles, calculated counting backwards from date of application. He will have to pay the ILR fee again.
Q2: (general question) If the business trip is less then 180 days, lets say 85 days is the person still eligible in both categories, ie Set O and Set LR
Yes, but he can't change that fact now can he.
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.

naval1234
Junior Member
Posts: 72
Joined: Thu Jan 05, 2012 12:57 pm
Mood:
India

Re: SET (LR) refused - Help

Post by naval1234 » Fri Sep 01, 2017 6:54 pm

Hi CR001,

He can split the holidays up no problem. His Tier 2 is valid until October 2018.

This is exactly why this website is so good.

Really appreciate your advice on this !

Regards

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