TIer 1 General to ILR - execessive absences - Chances of discretion?
Posted: Mon Dec 11, 2017 11:01 am
Hello,
I have been in the UK on Tier 1 General since Aug-2010 but had to go away for 16 months to return on Nov-2013. I had gone away for my wife's medical treatment. My tier 1 is valid until Mar-2018.
I took a chance to apply for ILR in 2016 on discretionary basis but it was refused as the HO did not find my reason to be compelling and compassionate enough. At this time my total absences were about 550 in one go.
I have arranged to get Tier 2 General which is being processed (under LMRT now).
I would be grateful if you can give me suggestions on -
1. Is there any point in trying for ILR again now? Nothing has changed since my last application except that my total absences in one go will now be 320 days which way to high than 180. This is excluding the continuous period of 24 months that I had spent before going on long break.
I know that any sr. case worker will find it difficult to overturn his colleague's decision taken last year.
But my absences are now that high, will it be worth gambling £3000?
The reason given me was while my absence was justified, I had severed ties with the UK. It was verbally mentioned that if I had a house in the UK then it would proved my commitment. I still have not bought any real asset here but I think it may have made a difference.
2. Broadly my stays in the UK are - Aug-2010 to July-2012 and then Nov-2013 to till date. After switching to Tier 2 General - will I be able to apply in June-2018 - which will take my 5 year stay to start of July-2013.
Though I returned in Nov-2013 - period from July-2013 to Nov-2013 should be considered as absence and 180 days are allowed after giving proofs.
There are clear rules for first time entry in the UK after first visa approval but I could not find any rules about start date of continuous stay for breaks.
I will appreciate your views if I can apply in June-2018, even though I was on a break in July -2013.
Thanks.
God Bless
I have been in the UK on Tier 1 General since Aug-2010 but had to go away for 16 months to return on Nov-2013. I had gone away for my wife's medical treatment. My tier 1 is valid until Mar-2018.
I took a chance to apply for ILR in 2016 on discretionary basis but it was refused as the HO did not find my reason to be compelling and compassionate enough. At this time my total absences were about 550 in one go.
I have arranged to get Tier 2 General which is being processed (under LMRT now).
I would be grateful if you can give me suggestions on -
1. Is there any point in trying for ILR again now? Nothing has changed since my last application except that my total absences in one go will now be 320 days which way to high than 180. This is excluding the continuous period of 24 months that I had spent before going on long break.
I know that any sr. case worker will find it difficult to overturn his colleague's decision taken last year.
But my absences are now that high, will it be worth gambling £3000?
The reason given me was while my absence was justified, I had severed ties with the UK. It was verbally mentioned that if I had a house in the UK then it would proved my commitment. I still have not bought any real asset here but I think it may have made a difference.
2. Broadly my stays in the UK are - Aug-2010 to July-2012 and then Nov-2013 to till date. After switching to Tier 2 General - will I be able to apply in June-2018 - which will take my 5 year stay to start of July-2013.
Though I returned in Nov-2013 - period from July-2013 to Nov-2013 should be considered as absence and 180 days are allowed after giving proofs.
There are clear rules for first time entry in the UK after first visa approval but I could not find any rules about start date of continuous stay for breaks.
I will appreciate your views if I can apply in June-2018, even though I was on a break in July -2013.
Thanks.
God Bless
)