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There is no discretion on exceeding the absence. The absence limit is very clearly stated in the immigration rules. If she is over 540 days, it will be refused. This is also separate to the 180 days single absence which will break continuity of residence. You don't state how "a bit more" over she is?In case this is refused (there is a bit more than 540 days absence in 10 years preceding) on the same/next day,
Possibly, or they offer and out her on the 10 years FLR FP partner route.- Do we get the right of appeal in the UK?
Appeals can take many months and there will be a backlog due to COVID.- How long will it take to get a decision on the appeal?
Thank you CR001.CR001 wrote: ↑Tue Jun 16, 2020 7:15 pmThere is no discretion on exceeding the absence. The absence limit is very clearly stated in the immigration rules. If she is over 540 days, it will be refused. This is also separate to the 180 days single absence which will break continuity of residence. You don't state how "a bit more" over she is?In case this is refused (there is a bit more than 540 days absence in 10 years preceding) on the same/next day,
Possibly, or they offer and out her on the 10 years FLR FP partner route.- Do we get the right of appeal in the UK?
Appeals can take many months and there will be a backlog due to COVID.- How long will it take to get a decision on the appeal?
What date did she first enter the UK?
She is likely to be unsuccessful and be refused with 640 days absence, regardless of what evidence you have. Members have been refused for exceptionally compelling and compassionate reasons even with submitting evidence when exceeding the absence limit. There is no discretion on the 540 limit absence.She never exceeded 180 days single absence, but over 10 years she was away for around 640 days. Some of that was due to a 2 months' medical treatment in her home country, which can be proven.
If she changed employers, why is the curtailment letter relevant?? Presumably she got a tier 2 change of employer visa??She would have completed her 5 year work visa ILR requirements, but when changing employers, home office did not issue curtailment letter for more than 9 months,
thanks CR001.CR001 wrote: ↑Wed Jun 17, 2020 9:30 amShe is likely to be unsuccessful and be refused with 640 days absence, regardless of what evidence you have. Members have been refused for exceptionally compelling and compassionate reasons even with submitting evidence when exceeding the absence limit. There is no discretion on the 540 limit absence.She never exceeded 180 days single absence, but over 10 years she was away for around 640 days. Some of that was due to a 2 months' medical treatment in her home country, which can be proven.
If she changed employers, why is the curtailment letter relevant?? Presumably she got a tier 2 change of employer visa??She would have completed her 5 year work visa ILR requirements, but when changing employers, home office did not issue curtailment letter for more than 9 months,
There was absolutely no need to wait for an HO letter. She could have simply applied for a new visa as change of employer once she was assigned a CoS. It is unfortunate that she did not realise this at the time.and they have been waiting from the letter from HO confirming she can change employer.
There was absolutely no need to wait for an HO letter. She could have simply applied for a new visa as change of employer once she was assigned a CoS. It is unfortunate that she did not realise this at the time.and they have been waiting from the letter from HO confirming she can change employer.
The most fastest way will be to find the past travel tickets. Also understating or misreporting the accurate absence even mistakenly for obtaining the ILR might lead to deception as UKVI has several channels to find it out.sky_rise wrote: ↑Sat Jun 27, 2020 12:55 amHi there, counting the absence days out of the UK for the 10 year period.
First old passport is lost, is there any way to get an accurate number of absences during the first couple of years?
Also, what if the days get understated by mistake on the application and you apply for super premium same day service?
Thanks
SR
That question is self explanatory which despite shouldn't be ignored but can be answered in any honest and pertinent way. Possibly that question is just to ascertain the insurmountable obstacles in case where an flrfp visa could be offered where the principal application fails.sky_rise wrote: ↑Mon Aug 10, 2020 3:39 pmHi all,
Have a few questions on completing the 10 years ILR application online:
1) Are you part of any social groups or do you have other cultural ties in your country of birth...
...This could include social networks or connections to any of these countries - Do they want you to list your social networks like facebook etc here as well? and, how much you should really say here? I assume the point is to show your overwhelming connection to the UK vs birth country.
2) Do you have any family in your country of birth - how extensive an answer do they want to have? Is is sufficient to include siblings and parents? Impossible to know of all relatives or even have their details etc.
Thank you, your answers would be helpful.
SR