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ILR Refused

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benz52
Newbie
Posts: 47
Joined: Thu Jun 12, 2008 11:10 am

ILR Refused

Post by benz52 » Wed Jun 25, 2008 1:38 pm

I am planning to reapply for ILR after it was refused last month on the basis that I had spent 236 days outside the country. However, at that time, I had not submitted any evidence of taking paid leaves, which if discounted will bring down my stay outside UK to only 100 days.

However, I want to reinforce my application by proving that there were 3 different occasions when I had to attend weddings of very close people. 1 was my brother and 2 were my brothers-in-law. Does anyone know whether these count as compassionate reasons at all?

I had also sent a letter for reconsideration and have not received any response after 5 weeks. Anyone has a similar situation to share with me?

Thank you

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Re: ILR Refused

Post by Wanderer » Wed Jun 25, 2008 2:23 pm

benz52 wrote:I am planning to reapply for ILR after it was refused last month on the basis that I had spent 236 days outside the country. However, at that time, I had not submitted any evidence of taking paid leaves, which if discounted will bring down my stay outside UK to only 100 days.

However, I want to reinforce my application by proving that there were 3 different occasions when I had to attend weddings of very close people. 1 was my brother and 2 were my brothers-in-law. Does anyone know whether these count as compassionate reasons at all?

I had also sent a letter for reconsideration and have not received any response after 5 weeks. Anyone has a similar situation to share with me?

Thank you
Compassion is a strong emotive word. Read here and u'll see to the HO it generally means terminal illness, erupting volcanos (copyright John), circumstances where there is no or very little in the way of options or choice for the applicant.

To be honest with a wedding you have an option, no matter how unfair it seems but that's the way it is...
An chéad stad eile Stáisiún Uí Chonghaile....

republique
BANNED
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Joined: Fri Mar 21, 2008 5:58 pm

Post by republique » Wed Jun 25, 2008 7:56 pm

Substantiating your absences based on work should be sufficient, I wouldn't be concerned with wedding days. I mean how many days were that out of the lot.

Sushil-ACCA
Diamond Member
Posts: 1234
Joined: Wed Apr 02, 2008 1:47 pm
Location: Wembley Park

Post by Sushil-ACCA » Wed Jun 25, 2008 8:38 pm

HAVE YOU ASKED Them , how long you have to wait if you don't apply for review of exisiting application

i mean another 100 days or more

katrina
Junior Member
Posts: 61
Joined: Sun May 04, 2008 11:07 pm

Post by katrina » Wed Jun 25, 2008 11:39 pm

Hi

can anyone advice when can he apply again after 1 year or he has to start over again.

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

Re: ILR Refused

Post by William Blake » Fri Jun 27, 2008 4:07 pm

benz52 wrote:
I had also sent a letter for reconsideration and have not received any response after 5 weeks. Anyone has a similar situation to share with me?

Thank you

Apparently they never send out acknowledgement letters for recon. My recon is going into week 11 now. They instruct me to wait 14 weeks before anything can be done.
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

deepakmehtauk
Newbie
Posts: 35
Joined: Wed Oct 31, 2007 8:28 pm
Location: Northwest UK

Re: ILR Refused

Post by deepakmehtauk » Sun Jun 29, 2008 4:11 pm

"Compassion is a strong emotive word. Read here and u'll see to the HO it generally means terminal illness..."

I dont think that terminal illness also qualifies as compassionate according to HO.

I had applied for my mothers ILR under compassionate grounds as she had a terminal illness & her oncologist(here in the UK) had written a certificate saying that her expected life span was about 1 year. I was very confident that the BIA cant ignore this, BUT they did. Her application was refused !!!!!

So my advice is dont take anything for granted while dealing with HO/BIA.

Deepak Mehta

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

Post by William Blake » Tue Jul 01, 2008 2:00 pm

And yet according to Home Office chapter 18 long residence:

It is not possible to define a “compassionateâ€
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

paulp
Diamond Member
Posts: 1071
Joined: Sun Aug 19, 2007 8:34 pm

Post by paulp » Tue Jul 01, 2008 3:07 pm

Probably depends on the caseworker.

benz52
Newbie
Posts: 47
Joined: Thu Jun 12, 2008 11:10 am

Post by benz52 » Wed Jul 02, 2008 3:51 pm

Thank you for all the replies. will keep you people updated on my situation.

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

Post by William Blake » Tue Jul 08, 2008 3:23 pm

Sushil-ACCA wrote:HAVE YOU ASKED Them , how long you have to wait if you don't apply for review of exisiting application

i mean another 100 days or more
I got really annoyed at the way I was spoken to by person on the phone when I asked that question.

I initially asked if they could give me an indication as to how long it would take for a recon. I was told no time limit. I asked whether I could get an estimate what another three months or so. The guy put on this very formal police / immigration officer like tone and just said Sir, you just have to wait we have no indication of time limits!

I find that so upsetting they act as if its us who are being unreasonable when we ask for time limits. When you look at the work permit site they give clear indication as time scales for processing applications. I have also spoken to the work permit folks on occassions and they are much more respectful and polite. I can only conclude that the difference is just down to the work permit folks thinking that they are serving British people and businesses will the ILR / general reviews peopel feel they can be less than courteous because we are foreigners with little rights. I really hate that. If I wasn't already so occupied with fighting my case I'd make a big issues of this.

I am now waiting for twelve weeks and no indication as to what is happening. People ar waiting six months and more. I really hope they are not going to try and do that with me.
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

Siggi
Senior Member
Posts: 650
Joined: Wed Feb 28, 2007 8:26 pm
Location: London

Post by Siggi » Tue Jul 08, 2008 3:29 pm

WB
You have been around the block once or twice now and should know by now this is how they are.

So don't get too up tight with HO attuides, just deal with it.

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