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out of country for exactly 90 days - Solihull experience

Posted: Tue Aug 07, 2012 3:28 pm
by anithya
My current visa status - HSMP + Tier 1 (expires on 30th Aug)

I booked at PEO Solihull in view of proximity to my house and that the staff are friendly (as heard in this forum).

Main issue with my application is the total number of absences (87 days annual paid leave and 222 days while on maternity leave ( 3 trips to out of UK - 82 /90/ 50 days) Total of 309 days in last 5 years.

I took my chances, since I know one of my friend in the similar situation was out of UK because of maternity leave stayed more than 180 days. (She applied through a solicitor before Jan 2012 in Croydon, before BRP was introduced).

The case worker looked into my application, and discussed with her senior. She noted the obvious 90 days, and advised me to apply by post, since she cannot approve such applications.

Before I change my mind to further Tier 1 extension, I am going to speak to take Solicitor's advise.
Sometimes, I wonder if UKBA should mention on their website not to apply in Solihull just because they do not have senior case workers.

I am happy to share my experiences and progress with anybody in similar situation.

Re: out of country for exactly 90 days - Solihull experience

Posted: Tue Aug 07, 2012 8:05 pm
by ramay
anithya wrote:My current visa status - HSMP + Tier 1 (expires on 30th Aug)

I booked at PEO Solihull in view of proximity to my house and that the staff are friendly (as heard in this forum).

Main issue with my application is the total number of absences (87 days annual paid leave and 222 days while on maternity leave ( 3 trips to out of UK - 82 /90/ 50 days) Total of 309 days in last 5 years.

I took my chances, since I know one of my friend in the similar situation was out of UK because of maternity leave stayed more than 180 days. (She applied through a solicitor before Jan 2012 in Croydon, before BRP was introduced).

The case worker looked into my application, and discussed with her senior. She noted the obvious 90 days, and advised me to apply by post, since she cannot approve such applications.

Before I change my mind to further Tier 1 extension, I am going to speak to take Solicitor's advise.
Sometimes, I wonder if UKBA should mention on their website not to apply in Solihull just because they do not have senior case workers.

I am happy to share my experiences and progress with anybody in similar situation.
ignorant staff..immigration rules and modernized guidance says about more than 90 days.
What is your friend experience with 180 days absence at a stretch?Did she get ILR?

Post subject: Re: out of country for exactly 90 days - Solih

Posted: Tue Aug 07, 2012 9:08 pm
by anithya
She was absent for 366 days, and she had no problem.

Posted: Tue Aug 07, 2012 10:10 pm
by uksettlement
Pls share the progress with us! I have an absence of 150 days at a stretch and 258 in total

Re: out of country for exactly 90 days - Solihull experienc

Posted: Tue Aug 07, 2012 10:20 pm
by anithya
Certainly!!

I was not out of UK for more than 90 days at a stretch. I went to the PEO with an open mind prepared to accept rejection( In case I am not given ILR, I still have time to inform my employer and pack my luggage )

Immigration Consultant looked at my documentation and spoke positively about my case and suggested to send the application by post.

I am planning to rebook for Sheffield or Liverpool PEO in the last week of August, since I would stand a chance to appeal , if decision is not favour of me. If appointment not available, then I will go ahead with postal application. In any case if I do not have a decision in favour of me, I am going to appeal, as I am not the first person who overstayed in similar grounds.