18 month rule?

My application for IL was recently rejected on the grounds that I had been out of the UK for more than 18th months in my 10 years. I applied under the long residency category.

This is my fact file:

9 years student visa
1 year post study work visa

I first entered the UK when I was 13. My parents sent me to school here. The bulk of my absence in the UK was to go back to my home country during the school holidays - 3-4 months a year. So after five years in school, it was already past 18 months anyway.

My question is when did the 18th month rule come into place? I'm pretty sure it wasn't in place when I first arrived.

Lawyers said I can easily win the case, but that means waiting until February, applying again, waiting for it to process and get rejected again and then go to court with the lawyers.

According to your information provided, the year you came in was 2001.

So that's when you arrived in the UK, and since you are asking this rule was not there when you arrived.

There was no provision of granting ILR under long residency in 2001, it only came in April 2003.

Be that as it is, it doesn't matter what rules were in force when you arrived, the rules which are to be followed are those in place at the time of your application unless there are transitional arrangements.

In this case ILR under 10 years, ur absenses from the UK shouldn't be over 18 months, even if you appeal it does'nt make sense as it clearly explains that you cannot be outside the UK for more than 18months, appeals are for decisions that you think are unfair or against the LAW.

You could apply differntly if you have been employed under Tier 1, Tier 2 etc or else complete 10 year with 18months or less outside UK

koborim wrote:My application for IL was recently rejected on the grounds that I had been out of the UK for more than 18th months in my 10 years. I applied under the long residency category.

This is my fact file:

9 years student visa
1 year post study work visa

I first entered the UK when I was 13. My parents sent me to school here. The bulk of my absence in the UK was to go back to my home country during the school holidays - 3-4 months a year. So after five years in school, it was already past 18 months anyway.

My question is when did the 18th month rule come into place? I'm pretty sure it wasn't in place when I first arrived.

Lawyers said I can easily win the case, but that means waiting until February, applying again, waiting for it to process and get rejected again and then go to court with the lawyers.

1. Since you were under 18 years for somtime and that can be argued that u were a minor and did not have any control over you absences.
2. This case can be argued and needs to be done by a good solicitor.
3. Were u given ROA?

Thank you guys for the replies. I really appreciate it.

Sorry, I should I said I first entered the UK in September 2000.

I only went back to my home country during the school holidays as I do not have any family here in the UK. Was I really expected to stay in the UK by myself when I was 13? I always went to my home country with the intention to come back to the UK as I was in school and in university.

The law is unfair. A child who was sent to boarding school at the age of 6 would be forced to leave the UK at 16 just because he/she went home during the holidays. The law takes no account of how old the applicant was and the reasons for going abroad.

I understand why the government are taking a hard line on immigration, but at the same time they are taking full advantage of it by swindling ridiculous sums of money and making people apply over and over again just because they can.

As ash786 has advise that a solicitor might help your case since you were a minor!

But according to the guidance there is no situation like that, legal advisors might help..

Thank you.

I have already been to see two lawyers.

They both say I can appeal on the grounds that I was a minor and going back to my home country was absolutely necessary for a child of that age and both feel confident of winning the case.

This however, requires both time and money.

I have already decided quite a while ago that I was not going to pursue this any further. Things will only get worse for foreigners in this country in the next four years under the current government.

I am returning to my home country permanently very soon.
I'm tired of pumping more money into the UK and not getting any benefits. I've paid international fees in university, I've been paying income tax, National Insurance, yet I have 'no recourse to public funds', meaning I can't get service from the NHS for free or anything else.

The UK are very good at taking money off foreigners. People need to understand this.

I am currently in the process of getting my journalism qualification and I need a Public Affairs feature story and I would like to do a piece on immigration in this country, specifically for the long residency category. I want to hear stories from people like me hopefully I can write a good article.
I have already spoken to several MPs and I hope to get an answer from the Home Secretary at some point.
I need to take a stand because the voices of foreign nationals in the UK are being muffled and ignored because we have less rights.
I believe that someone needs to step up and I want to make myself heard.
I will start another thread later and see what kind of stories people have to share about immigration issues.

Meanwhile, thank you again for your replies, it's good to know someone is reading my comments.

koborim wrote:Thank you.

I have already been to see two lawyers.

They both say I can appeal on the grounds that I was a minor and going back to my home country was absolutely necessary for a child of that age and both feel confident of winning the case.

This however, requires both time and money.

I have already decided quite a while ago that I was not going to pursue this any further. Things will only get worse for foreigners in this country in the next four years under the current government.

I am returning to my home country permanently very soon.
I'm tired of pumping more money into the UK and not getting any benefits. I've paid international fees in university, I've been paying income tax, National Insurance, yet I have 'no recourse to public funds', meaning I can't get service from the NHS for free or anything else.

The UK are very good at taking money off foreigners. People need to understand this.

I am currently in the process of getting my journalism qualification and I need a Public Affairs feature story and I would like to do a piece on immigration in this country, specifically for the long residency category. I want to hear stories from people like me hopefully I can write a good article.
I have already spoken to several MPs and I hope to get an answer from the Home Secretary at some point.
I need to take a stand because the voices of foreign nationals in the UK are being muffled and ignored because we have less rights.
I believe that someone needs to step up and I want to make myself heard.
I will start another thread later and see what kind of stories people have to share about immigration issues.

Meanwhile, thank you again for your replies, it's good to know someone is reading my comments.

1. I understand that you are a bit frustrated but u need to calm down and think of your future.
2. You have spent your life here and wen it comes to rewarding you, you are thinking of leaving.
3. U need to think about how to start the appeal and get it sorted.
4. I m sure that u will win the case because you were under age at that time.
5. As far as NHS, it is free anyways so i do not understand wen u say its not free unless u meant sumfin else.
6. A good immigration lawyer can help you and i am sure you will win the case.
7. After you got your ILR, it wud be the time UK will be paying you all the money you paid to this government.
8. So be positive and start your appeal.....

Sorry, I forgot that NHS wasn't part of public funds.
But it's true about all other benefits.

I am indeed frustrated, but I am thinking clearly. This isn't just a random outburst.

As for thinking about my future, I come from Japan and I can easily get a job there now because of my complete fluency in English and Japanese. It's a great opportunity to take away what I learned from my time here and use it to benefit my people.

I now know that staying in the UK is not a reward, but torturous.

So I need to wait until next February to apply again. 1000 pounds. The application will take about four months to process. Pay lawyers. Lots of money. Winning the case will take at least another month.
The worst bit about this - there's no assurance of even winning the case after a year and about 2000 pounds later.

My decision to go back to Japan is simple. The fight to stay here isn't worth it.
But I want to make myself heard before I leave.

koborim wrote:Sorry, I forgot that NHS wasn't part of public funds.
But it's true about all other benefits.

I am indeed frustrated, but I am thinking clearly. This isn't just a random outburst.

As for thinking about my future, I come from Japan and I can easily get a job there now because of my complete fluency in English and Japanese. It's a great opportunity to take away what I learned from my time here and use it to benefit my people.

I now know that staying in the UK is not a reward, but torturous.

So I need to wait until next February to apply again. 1000 pounds. The application will take about four months to process. Pay lawyers. Lots of money. Winning the case will take at least another month.
The worst bit about this - there's no assurance of even winning the case after a year and about 2000 pounds later.

My decision to go back to Japan is simple. The fight to stay here isn't worth it.
But I want to make myself heard before I leave.

1. Ok that wud be your choice.
2. Gud luck with your future.
3. Yes make u voice heard before u leave...

Exactly, what to do with your future is entirely your choice!!

But the idea of rasing the voice is great, but government will do what their want to which is not good, they are simply shutting the doors and sayin UK is closed for business.

Look at PSW, majority of people who took part in the consulatation were against the closure of scheme yet it is going to be abolished.

and telling students can still stay under Tier 2, I doubt how many company's would want to employ non-eu GRADUATES, minority very few would want to sponsor if at all.

terriblescream wrote:Exactly, what to do with your future is entirely your choice!!

But the idea of rasing the voice is great, but government will do what their want to which is not good, they are simply shutting the doors and sayin UK is closed for business.

Look at PSW, majority of people who took part in the consulatation were against the closure of scheme yet it is going to be abolished.

and telling students can still stay under Tier 2, I doubt how many company's would want to employ non-eu GRADUATES, minority very few would want to sponsor if at all.

1. I agree and the thing is that if they telling all the students that they can stay under Tier 2 not easy as the company will have to be registered with UKBA.
2. So even if you get a good job offer, u always guna have to make sure that the company is a licenced sponsor.

Rules keep changing, that is really frustrating for Non-Eu nationals who are talented and want to contribute and stay in the country.

I came here to do my bachelors, and by the time I finished I could have applied PSW and got onto HSMP/Tier 1.

The law came no Tier 1 for Bachelors, I was like okay ill do Masters,
by the I finished masters, Tier 1 is closed

how frustated I could be...I am on PSW now and approaching 10 yrs too and would want Tier 2 as well hope all goes well..

I know studying in the UK doesnt mean that they have to keep you but I want to contribute and have necessary talent!

terriblescream wrote:Rules keep changing, that is really frustrating for Non-Eu nationals who are talented and want to contribute and stay in the country.

I came here to do my bachelors, and by the time I finished I could have applied PSW and got onto HSMP/Tier 1.

The law came no Tier 1 for Bachelors, I was like okay ill do Masters,
by the I finished masters, Tier 1 is closed

how frustated I could be...I am on PSW now and approaching 10 yrs too and would want Tier 2 as well hope all goes well..

I know studying in the UK doesnt mean that they have to keep you but I want to contribute and have necessary talent!

1. It is frustrating and does effect everybody.
2. HO is introducing a "Student Entrepreneurs" route in 2012 so we will see whats guna be included in this category.

koborim wrote:They both say I can appeal on the grounds that I was a minor and going back to my home country was absolutely necessary for a child of that age and both feel confident of winning the case.

Unfortunately, it may be hopeless.

Koborim

Let me give u my example: I paid my undergrad and postgrad fee of total £34k in the first five years as a student.

My wife paid 6+9+28= £43k for her pgd, masters and then phd respectively (though she secured some scholarship from our country of origin).

Plus all the premium or postal visa extension fees.

And since 2006 I've paid £16k+ income tax plus NI contributions.

Still have no rights but yes it's our own choice, isn't it.

I wish u all the best with your future endeavours.

vinny wrote:

koborim wrote:They both say I can appeal on the grounds that I was a minor and going back to my home country was absolutely necessary for a child of that age and both feel confident of winning the case.

Unfortunately, it may be hopeless.

As pointed out by Vinny, Rules are Rules!!!!

However, I like your idea of being heard and do let us know, if you need any help.

The Student's Entrepreneurship would be for aged between 18-22.Not for everyone which would be almost impossible for an oversee student to qualify.

1. HO has not announced any age restrictions for student entrepreneurs category yet.
2. Majority of the student entrepreneurs route wud be for the people already over that limit anyway.

khan2015 wrote:The Student's Entrepreneurship would be for aged between 18-22.Not for everyone which would be almost impossible for an oversee student to qualify.

So what's the point of the route??

Aryan2013 wrote:

khan2015 wrote:The Student's Entrepreneurship would be for aged between 18-22.Not for everyone which would be almost impossible for an oversee student to qualify.

So what's the point of the route??

1. Aryan2013, i hop you remeber who we are dealing with here lol....

ash786 wrote:

Aryan2013 wrote:

khan2015 wrote:The Student's Entrepreneurship would be for aged between 18-22.Not for everyone which would be almost impossible for an oversee student to qualify.

So what's the point of the route??

1. Aryan2013, i hop you remeber who we are dealing with here lol....

Re: Ash786 :I think it would be better for all of us, to stay in the limit.
Re:aryan
This type of Entrepreneurship only helps the British students not for oversees students.You would see in the upcoming future.

khan2015 wrote:

ash786 wrote:

Aryan2013 wrote:

khan2015 wrote:The Student's Entrepreneurship would be for aged between 18-22.Not for everyone which would be almost impossible for an oversee student to qualify.

So what's the point of the route??

1. Aryan2013, i hop you remeber who we are dealing with here lol....

Re: Ash786 :I think it would be better for all of us, to stay in the limit.
Re:aryan
This type of Entrepreneurship only helps the British students not for oversees students.You would see in the upcoming future.

Khan2015, I'm really curious to know your FIRST language??
Please do me and this forum a BIG favour, Please tell us your FIRST language??

Aryan2013 wrote:

khan2015 wrote:

ash786 wrote:

Aryan2013 wrote:
So what's the point of the route??

1. Aryan2013, i hop you remeber who we are dealing with here lol....

Re: Ash786 :I think it would be better for all of us, to stay in the limit.
Re:aryan
This type of Entrepreneurship only helps the British students not for oversees students.You would see in the upcoming future.

Khan2015, I'm really curious to know your FIRST language??
Please do me and this forum a BIG favour, Please tell us your FIRST language??

Anything related to this topic please do not hesitate to add.thanks

khan2015 wrote:

ash786 wrote:

Aryan2013 wrote:

khan2015 wrote:The Student's Entrepreneurship would be for aged between 18-22.Not for everyone which would be almost impossible for an oversee student to qualify.

So what's the point of the route??

1. Aryan2013, i hop you remeber who we are dealing with here lol....

Re: Ash786 :I think it would be better for all of us, to stay in the limit.
Re:aryan
This type of Entrepreneurship only helps the British students not for oversees students.You would see in the upcoming future.

1. Student Entrepreneurship route is intended for non-British and non-european students and not for british/european students.
2. Everybody knows who needs to stay within the limit.

ash786 wrote:

khan2015 wrote:

ash786 wrote:

Aryan2013 wrote:
So what's the point of the route??

1. Aryan2013, i hop you remeber who we are dealing with here lol....

Re: Ash786 :I think it would be better for all of us, to stay in the limit.
Re:aryan
This type of Entrepreneurship only helps the British students not for oversees students.You would see in the upcoming future.

1. Student Entrepreneurship route is intended for non-British and non-european students and not for british/european students.
2. Everybody knows who needs to stay within the limit.

Please provide any related link that would help us.Thanks