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by jami
Wed Nov 16, 2011 7:33 am
Forum: Indefinite Leave to Remain
Topic: ILR deferred .... and refused
Replies: 20
Views: 8279

Yes. May not work but is wroth trying in March 2012 instead of waiting for Feb.2015.

Even as suggested by you JR is also wroth trying - he can withdraw that if it goes to hearing to keep the cost at minimum. As per your assessment UKBA would concede at an early stage.
by jami
Tue Nov 15, 2011 9:26 pm
Forum: Indefinite Leave to Remain
Topic: ILR deferred .... and refused
Replies: 20
Views: 8279

Considering your thinking your course of action can be:

1. Apply for extension and later
2. Apply for ILR after 4 months of extension ( after aggregating absence in question)

Meanwhile reconsideration can be tried.
by jami
Tue Nov 15, 2011 6:40 pm
Forum: Indefinite Leave to Remain
Topic: ILR deferred .... and refused
Replies: 20
Views: 8279

Sorry to hear that. There is no consistency in UKBA on this issue. There are instances on this board where business related absences of more than 90 days at a time were disregarded. Since you have leave hence there is no right of appeal and this refusal would reset your ILR clock from 5 Feb 2010. Th...
by jami
Tue Nov 15, 2011 9:05 am
Forum: Indefinite Leave to Remain
Topic: ILR application deferred due to long gap (116 days)
Replies: 33
Views: 11915

Re: ILR Refused

For "santoshganpath"

As per your posts you applied ILR on 7 Sep 2011 at PEO and your application was sent to refusal team due to a longer absence. On refusal you filed appeal and hearing was scheduled around 10 th Nov.


Any up date?
by jami
Fri Nov 11, 2011 9:55 pm
Forum: Indefinite Leave to Remain
Topic: ILR success at Solihull - (WP+Tier1) almost 800days absences
Replies: 22
Views: 6471

Congratulations and thanks for compliments.
Absences is a major issue in some of the cases and a routine type of employer letter just mentioning the dates is not sufficient.
I think that earlier template made sticky needs replacement with your one.
by jami
Tue Nov 08, 2011 2:19 pm
Forum: Indefinite Leave to Remain
Topic: ILR Absences - UKBA clarification about conflict
Replies: 151
Views: 54626

your query dated 5 Nov

For "rvs"

You are perfectly safe. No need to wory at all. Crossing of 180 days due to whatever reason is not end of ILR rather is start of discretion of case worker. With stated evidence of 74 days business related absences you would get through very easily.
by jami
Mon Nov 07, 2011 9:02 pm
Forum: Indefinite Leave to Remain
Topic: ILR Absences - UKBA clarification about conflict
Replies: 151
Views: 54626

Job related foreign visits and holidays abroad consistent with annual paid leaves should not be counted towards 180 days private absences. This is obvious in Immigration Directorate Instruction Chapter 6A regarding settlement of Tier 1 at page 46-47 i which reads as under: “Annex B - Calculation o...
by jami
Sun Nov 06, 2011 10:07 pm
Forum: General UK Immigration forum
Topic: Urgent help required on human rights appeal is allowed.....
Replies: 1
Views: 654

In an earlier intance on this forum appeal under immigration rules was dismissed and was allowed under human right grounds. After appeal he was given FLR instead of ILR.

Post further facts of your case. There is gap of 9 month between two leaves in UK or there are absences from UK?
by jami
Sun Nov 06, 2011 8:54 am
Forum: Indefinite Leave to Remain
Topic: Help with Stepdaughter's ILR application
Replies: 7
Views: 1361

Good News in the context:
1. It is very good forum of mutual help,
2. Most of the beneficiaries tend to give feedback.

Here the participant avoided 2K punch of UKBA and a lot of hustle.
by jami
Sat Nov 05, 2011 1:38 pm
Forum: Indefinite Leave to Remain
Topic: ILR due next week with over 700 days absence
Replies: 3
Views: 1077

Chances are fairly good.
by jami
Sat Nov 05, 2011 12:19 pm
Forum: Indefinite Leave to Remain
Topic: ILR due next week with over 700 days absence
Replies: 3
Views: 1077

Plus points are that none of business trip is of more than 90 days at a time and continuation of rental agreement/payment. Employer letter should not be routine one rather detailed and indicating necessity for them. Include contract as well if foreign assignment are mentioned therein and pension fun...
by jami
Sat Nov 05, 2011 11:51 am
Forum: Indefinite Leave to Remain
Topic: ILR Success- HSMP JR- Croydon PEO
Replies: 9
Views: 1700

It is date reciept of initial application to UKBA for HSMP which counts and note the date of approval letter. Hence discussion with senior case worker is understandable in that context. However their system indicates date of application and date of fee payment thereof.
by jami
Sat Nov 05, 2011 8:56 am
Forum: Indefinite Leave to Remain
Topic: ILR Success- HSMP JR- Croydon PEO
Replies: 9
Views: 1700

Any idea of the point of discussion with senior case worker ?
by jami
Sat Nov 05, 2011 7:00 am
Forum: Indefinite Leave to Remain
Topic: ILR deferred .... and refused
Replies: 20
Views: 8279

ankit.aj

What you have posted is unusual. Please post further details of your discussion with case worker. At which PEO and any document given to you?
UKBA has become strict on any absence over 3 month at a time for whatever reason.
by jami
Sat Nov 05, 2011 6:53 am
Forum: Indefinite Leave to Remain
Topic: ILR Question for single business trip of 121 days
Replies: 7
Views: 1190

No. It would not be sufficient alone.
Requirement is " the applicant has clearly continued to be based here".
Gather further evidence of continued to be based in uk during business trip.
by jami
Fri Nov 04, 2011 9:00 pm
Forum: Indefinite Leave to Remain
Topic: ILR feedback ..... refused
Replies: 17
Views: 4914

Sorry to know of refusal. It appears to be un-fair and contrary to UKBA own guidelines. Their guideline cater for longer absence due to compelling grounds of compassionate nature. Whereas UBKA circular to legal representatives using same day service require them to provide evidence of maternity and ...
by jami
Fri Nov 04, 2011 7:58 am
Forum: Indefinite Leave to Remain
Topic: ILR Absences - UKBA clarification about conflict
Replies: 151
Views: 54626

180 days allowance is for paid/un-paid leaves. Your absences of 183 days would be ok being marginally above limit . Business trips even of more than 90 days duration at a time can be disregarded by case worker with the approval of his senior on proper evidence that trips were to maintain continuity ...
by jami
Thu Nov 03, 2011 8:12 pm
Forum: Indefinite Leave to Remain
Topic: Excess absences
Replies: 19
Views: 2180

If dependents was in UK than it means you had a family home during absence. Gather further evidence. What dependent was doing in that period?
by jami
Thu Nov 03, 2011 7:38 pm
Forum: Indefinite Leave to Remain
Topic: ILR under JR ( Pre Nov 2006 ) - Success @ Croydon PEO
Replies: 10
Views: 1811

For Angela Jiang -- with reference to your query dated 01 Nov

Your plan is proper. Maintaining home in UK during extended absence is a very good evidence of "continued to be based in UK" with the intention to settle here.
by jami
Thu Nov 03, 2011 7:23 pm
Forum: Indefinite Leave to Remain
Topic: ILR Question for single business trip of 121 days
Replies: 7
Views: 1190

sushdmehta is perfectly right. When business trips and/or personal absences are within 90/180 days stipulation than no connection with UK during those absences is required. But when absences for whatever reason exceeds that than connection with UK is required as expressly stated in UKBA guidance as ...
by jami
Thu Nov 03, 2011 7:04 pm
Forum: Indefinite Leave to Remain
Topic: ILR Absences - UKBA clarification about conflict
Replies: 151
Views: 54626

UKBA reply is though general one yet is not adverse.
And if any UKBA reply is not adverse than it is a good omen.
by jami
Tue Nov 01, 2011 3:34 pm
Forum: Indefinite Leave to Remain
Topic: ILR under JR ( Pre Nov 2006 ) - Success @ Croydon PEO
Replies: 10
Views: 1811

Congratulations. Your was very simple case and the only issue examined was absences. Since these were under 180 days and the longest was also well blew 90 days that is why case worker asked you to write it down to avoid checking himself. Lately UKBA has become strict on absences hence one must prepa...
by jami
Mon Oct 31, 2011 10:40 pm
Forum: Indefinite Leave to Remain
Topic: ILR success HSMP JR - through solicitor
Replies: 14
Views: 2377

Re: ILR success HSMP JR - through solicitor

Congratulations:
In response to your similar post on your other topic I had asked you to trust what your solicitor says about delay.
by jami
Sat Oct 29, 2011 5:58 pm
Forum: Indefinite Leave to Remain
Topic: ILR - HSMP JR pre-nov 2006 Case
Replies: 39
Views: 6143

You should trust what solicitor has told you.Same day service means same day. Only system failure would defer applications to next day and not the bulk thing.
by jami
Sat Oct 29, 2011 11:19 am
Forum: Indefinite Leave to Remain
Topic: ILR - HSMP JR pre-nov 2006 Case
Replies: 39
Views: 6143

There are 2 methods for solicitors for submitting application for their clients at Croydon PEO: 1. On the appointed day solicitor enters the Lunar House in-between 7.30 AM to 9.00 AM and after payment report to desk 6 on First Floor and are dealt by case workers in order of their arrival. Solicitor ...
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