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Absence abroad > 90 days in a single trip

Posted: Tue Jun 21, 2011 11:31 am
by Struggler
Thanks

Posted: Wed Jun 22, 2011 8:17 am
by Struggler
Any thoughts please?

Many thanks

Posted: Wed Jun 22, 2011 2:15 pm
by Struggler
Mods - any suggestions?

Thanks

Posted: Wed Jun 22, 2011 3:43 pm
by khalidmirza
Struggler wrote:Any thoughts please?

Many thanks
this is a very special case. Pl see this
2.3 Discretion in cases where continuous residence has been broken
Time spent here may exceptionally be aggregated, and continuity not insisted upon, for cases
where:

• there have been longer absences abroad, provided the absences were for compelling
grounds either of a compassionate nature or for reasons related to the applicant’s
employment or business in the United Kingdom. Where continuous residence has been
broken, periods may be aggregated or shortfalls disregarded only with the approval of an
SEO or Grade 7.
This discretion only applies where the continuity of residence has been broken due to
absences abroad. It does not apply where the lawfulness of residence in the UK has been broken, in other words where the applicant has overstayed during the 5 years. When
assessing whether an applicant has overstayed, caseworkers must refer to the IDIs, Chapter
1, Section 5: Section 3C and 3D of the Immigration Act 1971 (as amended).

Posted: Wed Jun 22, 2011 4:12 pm
by Struggler
Thanks for your input

Are SEO's or Grade 7 available at PEOs if I apply in person?

Posted: Wed Jun 22, 2011 4:18 pm
by geriatrix
Any case involving caseworker discretion to arrive at a decision on the application (therefore not a straight-forward application) should not be submitted in-person.

Posted: Wed Jun 22, 2011 10:35 pm
by akash08
As pointed, this is definitely not a PEO case. Apply by post.

Posted: Thu Jun 23, 2011 8:42 am
by Struggler
Is this a Home Office rule that cases involving caseworker discretion cannot apply at PEO?

Thanks

Posted: Thu Jun 23, 2011 8:47 am
by Greenie
Struggler wrote:Is this a Home Office rule that cases involving caseworker discretion cannot apply at PEO?

Thanks
yes - see Applying in person

Posted: Thu Jun 23, 2011 10:06 am
by Struggler
Sorry if I have missed it but nowhere does it say the caseworker cannot apply discretion at PEO?

However it does say that complex cases cannot be dealt at a PEO but I have read cases here where people have got ILR stamped with more than 3 months absense in a single trip (business reason).

The worst case would be that my application would turn into a postal application but I still believe its worth the monetary risk.

Any views on my support documents?

Many thanks

Posted: Thu Jun 23, 2011 10:27 pm
by akash08
Hi,

i am not the expert to comment on supporting documents and hope someone would answer .I would request you to keep us updated on your case.At this point, I am more than 100% sure that your case will be at best converted to a postal case (they may not even accept your form) but if you get a favourable treatment , it would be interesting to know.

Personally I have started declining legitimate business trips to India (and they are just a week's trip and I love them ) to keep my PEO option open.

Would be very keen to know what happens to your case.

Posted: Thu Jun 23, 2011 11:24 pm
by Greenie
Struggler wrote:Sorry if I have missed it but nowhere does it say the caseworker cannot apply discretion at PEO?

However it does say that complex cases cannot be dealt at a PEO but I have read cases here where people have got ILR stamped with more than 3 months absense in a single trip (business reason).

The worst case would be that my application would turn into a postal application but I still believe its worth the monetary risk.

Any views on my support documents?

Many thanks
Your case is complex because it would involve the exercise of discretion therefore it is not advisable to go to the peo. If you want to go anyway then obviously that's your decision.