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Long Stay(10 Years) ILR Refuse

Posted: Tue May 15, 2012 2:44 pm
by nayanarab
Long Stay(10 Years) ILR Refuse: UKBA refused me for those reason one is  Without leave for a total of 28 days from 27 June until 25 July 2002 Another one is It is noted that I have spent 559 days out of the United Kingdom between the dates of 23 march 2003 – 03 May 2003, 06 July 2004 – 20 August 2004, 25 December 2005 – 29 March 2006, 13 December 2007 – 04 May 2008, 09 June 2009 – 08 September 2009 and 09 January 2010 – 09 June 2010.

 Without leave for a total of 28 days from 27 June until 25 July 2002
Reason for Consideration:
 That was my first visa extension and I didn’t know about this happen
 Even my institution which was Hertfordshire International College of Business and Technology (HIBT) didn’t inform as well.
 I have just known through your refusal letter
 I had a contact with HIBT and I explained my situation they said Director Officer was not there, he’ll in tomorrow and also they’ll contact me by email or phone regarding this matter.
 It is noted that I have spent 559 days out of the United Kingdom between the dates of 23 march 2003 – 03 May 2003, 06 July 2004 – 20 August 2004, 25 December 2005 – 29 March 2006, 13 December 2007 – 04 May 2008, 09 June 2009 – 08 September 2009 and 09 January 2010 – 09 June 2010.
Reason for Consideration:
 23 March 2003 – 03 May 2003(42 days): It was Easter holiday during my vacation visit my country to see my family.
 06 July 2004 – 20 August 2004(45 days): It was summer holiday during my vacation visit my country to see my family.
 25 December 2005 – 29 march 2006(96 days): It was Christmas holiday during my vacation visit my country to see my parents and also I was seriously ill during my vacation that’s why I have admitted hospital.
 13 December 2007 – 04 May 2008(4 month 22 days): I have been visit my country because of my mum admitted hospital and she had operation so that I am the responsible to look after my mum and family and also because I am elder son of my family.
 09 June 2009 – 08 September 2009(3 month): I have been visiting my country because of my Dad admitted hospital but treatment was wrong according to diabetic operation that’s why I transferred to Christian Medical College Vellore, India. So that, I was visit India for my dad treatment and operation. And also I want to note to you after my dad recovery and we came back home from India and 20th 2009 of August my Grandmother died it was terrible time for me and family.
 09 January 2010 – 09 June 2010(5 month): After four month I have been visit my country again because of my Dad treatment. After successful my dad operation and recovery from Christian Medical College Vellore, India 2009. Doctor informed me to check-up my dad after four month to visit Christian Medical College that’s why we travel India again. And also I want to note to you when we came back from India and again my Dad admitted hospital in Chittagong. So it has been hard time for me and family as well.

I would like to know from forum how could i handle this situation and what would be the solution for me. I appointed lawyer for handle this thing and also i have got those evidence for consideration and at the moment my passport at home office. I am eagerly waiting for response from forum. pleae do sum response..

Re: Long Stay(10 Years) ILR Refuse

Posted: Tue May 15, 2012 8:04 pm
by Loveislovely
nayanarab wrote:Long Stay(10 Years) ILR Refuse: UKBA refused me for those reason one is  Without leave for a total of 28 days from 27 June until 25 July 2002 Another one is It is noted that I have spent 559 days out of the United Kingdom between the dates of 23 march 2003 – 03 May 2003, 06 July 2004 – 20 August 2004, 25 December 2005 – 29 March 2006, 13 December 2007 – 04 May 2008, 09 June 2009 – 08 September 2009 and 09 January 2010 – 09 June 2010.

 Without leave for a total of 28 days from 27 June until 25 July 2002
Reason for Consideration:
 That was my first visa extension and I didn’t know about this happen
 Even my institution which was Hertfordshire International College of Business and Technology (HIBT) didn’t inform as well.
 I have just known through your refusal letter
 I had a contact with HIBT and I explained my situation they said Director Officer was not there, he’ll in tomorrow and also they’ll contact me by email or phone regarding this matter.
 It is noted that I have spent 559 days out of the United Kingdom between the dates of 23 march 2003 – 03 May 2003, 06 July 2004 – 20 August 2004, 25 December 2005 – 29 March 2006, 13 December 2007 – 04 May 2008, 09 June 2009 – 08 September 2009 and 09 January 2010 – 09 June 2010.
Reason for Consideration:
 23 March 2003 – 03 May 2003(42 days): It was Easter holiday during my vacation visit my country to see my family.
 06 July 2004 – 20 August 2004(45 days): It was summer holiday during my vacation visit my country to see my family.
 25 December 2005 – 29 march 2006(96 days): It was Christmas holiday during my vacation visit my country to see my parents and also I was seriously ill during my vacation that’s why I have admitted hospital.
 13 December 2007 – 04 May 2008(4 month 22 days): I have been visit my country because of my mum admitted hospital and she had operation so that I am the responsible to look after my mum and family and also because I am elder son of my family.
 09 June 2009 – 08 September 2009(3 month): I have been visiting my country because of my Dad admitted hospital but treatment was wrong according to diabetic operation that’s why I transferred to Christian Medical College Vellore, India. So that, I was visit India for my dad treatment and operation. And also I want to note to you after my dad recovery and we came back home from India and 20th 2009 of August my Grandmother died it was terrible time for me and family.
 09 January 2010 – 09 June 2010(5 month): After four month I have been visit my country again because of my Dad treatment. After successful my dad operation and recovery from Christian Medical College Vellore, India 2009. Doctor informed me to check-up my dad after four month to visit Christian Medical College that’s why we travel India again. And also I want to note to you when we came back from India and again my Dad admitted hospital in Chittagong. So it has been hard time for me and family as well.

I would like to know from forum how could i handle this situation and what would be the solution for me. I appointed lawyer for handle this thing and also i have got those evidence for consideration and at the moment my passport at home office. I am eagerly waiting for response from forum. pleae do sum response..
Hi Nayan!

I am truly sorry to hear of you disappointment, this maybe a difficult case, but where there is a will, there is a way....... You have appointed a solicitor, I am sure he/she is capable of coming up with a story to make your case a success, if not, try extending your visa, you will be ok..... good luck.
What category did you fall under????????

Loveislovely

Posted: Tue May 15, 2012 10:06 pm
by Need_light
Dont be streess... I think u only refuse for overstay 28 days in 2002. 559 days out of the country it will not make u problem.. Coz u r entitle as a 10 years long residency

You should not have been outside the UK for longer than six months in any one time during the relevant period.

You should not have been outside the UK for longer than 18 months in total during the relevant period.

For that 28 days overstay your solicitor need to consider below matters...

It will also be considered whether in the public interest indefinite leave to remain should be refused. This will probably not be relevant in most cases. The following will be taken into consideration when your application is being assessed:
your age;
your ties to the United Kingdom;
your personal history; including character, conduct, associations you belong to and employment record;
your domestic circumstances - this generally means any family ties you have in the UK;
any previous criminal record and the nature of any offence you may have committed in the UK;
any compassionate circumstances;
any representations received on your behalf;

Posted: Tue May 15, 2012 10:59 pm
by geriatrix
Need_light wrote:559 days out of the country it will not make u problem.. Coz u r entitle as a 10 years long residency
9 * 30 days + 9 * 31 days = 549 days!

Did the OP count dates of exit / entry in the absences? If not, he's exceeded the limit ... by at least 10 days.

Posted: Tue May 15, 2012 11:43 pm
by Need_light
sushdmehta wrote:
Need_light wrote:559 days out of the country it will not make u problem.. Coz u r entitle as a 10 years long residency
9 * 30 days + 9 * 31 days = 549 days!

Did the OP count dates of exit / entry in the absences? If not, he's exceeded the limit ... by at least 10 days.
You are right sushdmehta... Its very complicated situation.. What option do u think he have ??