Immigrationboards.com

Hi guys,

Hope you are all doing well.

Quick question: my partner is planning to apply for ILR (LR) in August 2020, using premium/same day service. In case this is refused (there is a bit more than 540 days absence in 10 years preceding) on the same/next day, what happens next:

- Do we get the right of appeal in the UK?
- How long will it take to get a decision on the appeal?

My partner still has spouse PBS visa valid till sept 2021, but we want to get ILR beforethen.

thank you!

SR

In case this is refused (there is a bit more than 540 days absence in 10 years preceding) on the same/next day,

There is no discretion on exceeding the absence. The absence limit is very clearly stated in the immigration rules. If she is over 540 days, it will be refused. This is also separate to the 180 days single absence which will break continuity of residence. You don't state how "a bit more" over she is?

- Do we get the right of appeal in the UK?

Possibly, or they offer and out her on the 10 years FLR FP partner route.

- How long will it take to get a decision on the appeal?

Appeals can take many months and there will be a backlog due to COVID.

What date did she first enter the UK?

CR001 wrote: ↑

Tue Jun 16, 2020 8:15 pm

In case this is refused (there is a bit more than 540 days absence in 10 years preceding) on the same/next day,

There is no discretion on exceeding the absence. The absence limit is very clearly stated in the immigration rules. If she is over 540 days, it will be refused. This is also separate to the 180 days single absence which will break continuity of residence. You don't state how "a bit more" over she is?

- Do we get the right of appeal in the UK?

Possibly, or they offer and out her on the 10 years FLR FP partner route.

- How long will it take to get a decision on the appeal?

Appeals can take many months and there will be a backlog due to COVID.

What date did she first enter the UK?

Thank you CR001.

She never exceeded 180 days single absence, but over 10 years she was away for around 640 days. Some of that was due to a 2 months' medical treatment in her home country, which can be proven.

She entered the UK in late august 2010. She was on student visa, then PSW, then work visa. She would have completed her 5 year work visa ILR requirements, but when changing employers, home office did not issue curtailment letter for more than 9 months, and she had to change visa to spouse, which ruined it and much delayed the ILR process. now the earliest ILR is 10y, and then spouse 5 y route, but not until 2023. Tired of such a lengthy process due to the Home Office delay a few years ago...

Anything that could be done?

She never exceeded 180 days single absence, but over 10 years she was away for around 640 days. Some of that was due to a 2 months' medical treatment in her home country, which can be proven.

She is likely to be unsuccessful and be refused with 640 days absence, regardless of what evidence you have. Members have been refused for exceptionally compelling and compassionate reasons even with submitting evidence when exceeding the absence limit. There is no discretion on the 540 limit absence.

She would have completed her 5 year work visa ILR requirements, but when changing employers, home office did not issue curtailment letter for more than 9 months,

If she changed employers, why is the curtailment letter relevant?? Presumably she got a tier 2 change of employer visa??

CR001 wrote: ↑

Wed Jun 17, 2020 10:30 am

She never exceeded 180 days single absence, but over 10 years she was away for around 640 days. Some of that was due to a 2 months' medical treatment in her home country, which can be proven.

She is likely to be unsuccessful and be refused with 640 days absence, regardless of what evidence you have. Members have been refused for exceptionally compelling and compassionate reasons even with submitting evidence when exceeding the absence limit. There is no discretion on the 540 limit absence.

She would have completed her 5 year work visa ILR requirements, but when changing employers, home office did not issue curtailment letter for more than 9 months,

If she changed employers, why is the curtailment letter relevant?? Presumably she got a tier 2 change of employer visa??

thanks CR001.

She was made redundant from a company (it went into administration). She received another offer from employeer, and they have been waiting from the letter from HO confirming she can change employer. She was on T2 visa, sponsored.

and they have been waiting from the letter from HO confirming she can change employer.

There was absolutely no need to wait for an HO letter. She could have simply applied for a new visa as change of employer once she was assigned a CoS. It is unfortunate that she did not realise this at the time.

and they have been waiting from the letter from HO confirming she can change employer.

There was absolutely no need to wait for an HO letter. She could have simply applied for a new visa as change of employer once she was assigned a CoS. It is unfortunate that she did not realise this at the time.

It doesn't change the fact that she doesn't meet the requirements for ILR based on long residence.

Hi there, counting the absence days out of the UK for the 10 year period.

First old passport is lost, is there any way to get an accurate number of absences during the first couple of years?

Also, what if the days get understated by mistake on the application and you apply for super premium same day service?

Thanks
SR

sky_rise wrote: ↑

Sat Jun 27, 2020 1:55 am

Hi there, counting the absence days out of the UK for the 10 year period.

First old passport is lost, is there any way to get an accurate number of absences during the first couple of years?

Also, what if the days get understated by mistake on the application and you apply for super premium same day service?

Thanks
SR

The most fastest way will be to find the past travel tickets. Also understating or misreporting the accurate absence even mistakenly for obtaining the ILR might lead to deception as UKVI has several channels to find it out.

Topics merged.

Hi all,

Have a few questions on completing the 10 years ILR application online:

1) Are you part of any social groups or do you have other cultural ties in your country of birth...
...This could include social networks or connections to any of these countries - Do they want you to list your social networks like facebook etc here as well? and, how much you should really say here? I assume the point is to show your overwhelming connection to the UK vs birth country.

2) Do you have any family in your country of birth - how extensive an answer do they want to have? Is is sufficient to include siblings and parents? Impossible to know of all relatives or even have their details etc.

Thank you, your answers would be helpful.

SR

sky_rise wrote: ↑

Mon Aug 10, 2020 4:39 pm

Hi all,

Have a few questions on completing the 10 years ILR application online:

1) Are you part of any social groups or do you have other cultural ties in your country of birth...
...This could include social networks or connections to any of these countries - Do they want you to list your social networks like facebook etc here as well? and, how much you should really say here? I assume the point is to show your overwhelming connection to the UK vs birth country.

2) Do you have any family in your country of birth - how extensive an answer do they want to have? Is is sufficient to include siblings and parents? Impossible to know of all relatives or even have their details etc.

Thank you, your answers would be helpful.

SR

That question is self explanatory which despite shouldn't be ignored but can be answered in any honest and pertinent way. Possibly that question is just to ascertain the insurmountable obstacles in case where an flrfp visa could be offered where the principal application fails.