ILR Story-1st time DISCRETION but ILR Success on 2nd time

Finally got ILR .

History:
Applied ILR based on the 5yrs WP rule in last March (ie March 2009) but got refused due to a single continuous absence from the UK (around 5 months) but got DISCRETION asking me to cover the days I have been out of UK and re apply in December 2009.

The reason for this continuous absence was due to the fact my company sent me out of uk for work reasons.

Applied back in end of December 2009 via POSTAL APPLICATION procedure.

Waited for 10 weeks and got the good news. I think the average time would be 10 weeks for applicants applying on 5 yrs bases (not the 10 years one, it may take up to 6 months)

For all the postal applicants who have sent POSTAL ORDERS like me (which I always use instead of cheques and card payments) please note the following contact number where you could find out if your postal order has been cleared or not

Postal order:
01246542091
01246542500

Advice for new applicants:
Send as many documents you could that makes you linked to UK from past, like any college or uni degree copies, any major jobs you have done (in which you could show you have paid enough taxes), last one year bank statement showing your salary, and other normal documents like payslips (last 3 months would be ok).

I used a solicitor for my case and I can assure if you come accross a professional one with the OISC registered, go for it.

Questions to GURUS and MODERATORS:

Now I am planning to apply ILR for my mother and wife who was based in the home country. Is it a good idea if they apply together (ofcourse different applications but at the same time)? What documents shall we be needing to assist our application?

Please let us know at your earliest.

Thanks

I am sure applicants who are waiting for their results and who has gone thru similar case like mines, would get good news soon .

Prayers are with you.

Congratulations mate,

Have 2 questions:

1) Is the 5 months period for business purpose? If yes did you provide a letter confirming that from your employer?

2) Were you paid in the UK during that period?


Thanks

imur69er wrote:
Now I am planning to apply ILR for my mother and wife who was based in the home country.

for mother you can't apply untill she is over 65 and is dependant on your support only with no personal income, property etc. and with no other working/capble of help primary family member in the home country.

for wife i don't think she'll get ILR but a spouse visa for 2 years

@ kamalin10 ... thanks for the information ...
what do u reckon? shall i first get the british passport (i guess thats one year i have to wait for) and then shall i apply for my wife? can i not apply for my mother after the british passport?

@ brandnew ... thanks a lot mate ...

1) Is the 5 months period for business purpose? If yes did you provide a letter confirming that from your employer?
Yes 5 months period was for the companys work, yes i provide them the job travelling confirmation from my employer.
Make sure the letter states the time period you were out side and the reason why you were out side?

2) Were you paid in the UK during that period?
Ofcourse its companys work, was paid in the UK during that time.

imur69er wrote: can i not apply for my mother after the british passport?

See Older dependent relatives.

regards

imur69er wrote:@ kamalin10 ... thanks for the information ...
what do u reckon? shall i first get the british passport (i guess thats one year i have to wait for) and then shall i apply for my wife? can i not apply for my mother after the british passport?

where did i mention that british passport will change anything?

@ kamalin10 ...
thanks a lot mate ... so having a british passport and being on ilr doesnt makes any difference for wife or mothers applying. its the same routine procedure ... ie 2 yrs spouse and then 1 yr ilr and then eligible to apply for passport ...

@ sushdmehta ...
thanks for the information ... i will look into this for my mothers application.

imur69er wrote:@ kamalin10 ... thanks for the information ...
what do u reckon? shall i first get the british passport (i guess thats one year i have to wait for) and then shall i apply for my wife? can i not apply for my mother after the british passport?

@ brandnew ... thanks a lot mate ...

1) Is the 5 months period for business purpose? If yes did you provide a letter confirming that from your employer?
Yes 5 months period was for the companys work, yes i provide them the job travelling confirmation from my employer.
Make sure the letter states the time period you were out side and the reason why you were out side?

2) Were you paid in the UK during that period?
Ofcourse its companys work, was paid in the UK during that time.

HI Congrats on getting ILR, but why were you rejected first time when you were away on the business trip ?
Secondly, did they charge the application fees at that time when it got rejected ? and did they extend your visa temporarily then ?

Many Thanks

@ gvamsimba ...

thanks a lot ...

well i had my visa expiring in dec 2009 and in march when i applied for the first time i had completed my 5 yrs of WP ... ( I had 6 yrs of WP extended in 2 parts).

The reason they rejected was that they were not happy with the continous time out of uk.

Ofcourse they charged the fees.

Btw, Which PEO did you apply first time?

Thanks

@ brandnew ...

never got a chance for the appointment ...
always applied thru post

imur69er wrote:@ gvamsimba ...

thanks a lot ...

well i had my visa expiring in dec 2009 and in march when i applied for the first time i had completed my 5 yrs of WP ... ( I had 6 yrs of WP extended in 2 parts).

The reason they rejected was that they were not happy with the continous time out of uk.

Ofcourse they charged the fees.

HI imur69,
Thanks a lot for ur reply. I have the same situtation as urs but mine is Tier 1 General and i am
eligible for ILR this april under the new judiciary rules (4 years eligibility)...however my present visa is valid until march next year...


but i was outside the UK for almost 4 months in a single stretch for business reasons back on september 2006 and came back to UK in december 2006... so do you suggest me to wait until this december as i can then complete 4 years CONTINUIOUS residence...or shall i take a risk and apply in this april...I have got my employers letter stating that i was outside the UK for Business reasons for those 4 months....

Waiting for ur reply
Many Thanks

@ gvansimba ...

if your time is up under tier1 rule and you are eligible then go ahead apply ... still you got a chance to apply again in case you are refused this time as you got visa ahead too ... (similar to my case ... we should call our selves lucky in getting more visa beyond the eligibility time)

but the best advice i would recommend to every one like our case would had been that while we were out of uk for work, our company would had informed the HO about our situation and it would take time for us to get back ... by this HO is completely informed of us.

but now ... i guess try to send as solid documents convincing the HO that your stay was fully for the work and while u were out there send the statements in which u were getting ur salary ... even the pay slips during that time ... and old letters that company was communicating to u regarding work when u were out there ...

best of luck ... we pray u ll get it

GURUS, MODERATORS and other loyal members ...

can you advice me the list of document i would be needing to assist my wife's spouse visa application from back home?

please?

Dear imur69er

Congrats on your ILR! Can I just confirm that the home office's letter asking you to "cover" your 5 months absence and re-apply in Dec 09 was dated July 09? If you qualified in March 09, five months later should be Aug 09, no?

Thank you and kind regards.