Immigrationboards.com

If your ILR Application is Refused because of an absence.

1) Does your ILR clock start again from date of refusal

Yes, from that particular absence onwards until you fulfil the rule again. Not from date of refusal.

gidoc wrote:Yes, from that particular absence onwards until you fulfil the rule again. Not from date of refusal.

As in most cases ILR is applied at the end of qualify period (28 days before the end of visa validity date), so what happens in such cases where ILR is refused because of an absence and visa is about to expire in 28 days?

networkers wrote:

gidoc wrote:Yes, from that particular absence onwards until you fulfil the rule again. Not from date of refusal.

As in most cases ILR is applied at the end of qualify period (28 days before the end of visa validity date), so what happens in such cases where ILR is refused because of an absence and visa is about to expire in 28 days?

You apply for further extension i.e. Leave to Remain.

mk357 wrote:

networkers wrote:

gidoc wrote:Yes, from that particular absence onwards until you fulfil the rule again. Not from date of refusal.

As in most cases ILR is applied at the end of qualify period (28 days before the end of visa validity date), so what happens in such cases where ILR is refused because of an absence and visa is about to expire in 28 days?

You apply for further extension i.e. Leave to Remain.

Thanks for your prompt response and if I have applied via post and get the refusal after the expiry of visa what would be the next step in that case?

networkers wrote:

mk357 wrote:

networkers wrote:

gidoc wrote:Yes, from that particular absence onwards until you fulfil the rule again. Not from date of refusal.

As in most cases ILR is applied at the end of qualify period (28 days before the end of visa validity date), so what happens in such cases where ILR is refused because of an absence and visa is about to expire in 28 days?

You apply for further extension i.e. Leave to Remain.

Thanks for your prompt response and if I have applied via post and get the refusal after the expiry of visa what would be the next step in that case?

Any thoughts???

networkers wrote:

networkers wrote:

mk357 wrote:

networkers wrote:
As in most cases ILR is applied at the end of qualify period (28 days before the end of visa validity date), so what happens in such cases where ILR is refused because of an absence and visa is about to expire in 28 days?

You apply for further extension i.e. Leave to Remain.

Thanks for your prompt response and if I have applied via post and get the refusal after the expiry of visa what would be the next step in that case?

Any thoughts???

You might be able to appeal, if given the right, otherwise your case is very complicated. You better seek an advice of an Immigration Lawyer. If you do not appeal within the given time (provided you have been given the right) then you would become illegal immigrant, so keep that in mind.

mk357 wrote: You might be able to appeal, if given the right, otherwise your case is very complicated. You better seek an advice of an Immigration Lawyer. If you do not appeal within the given time (provided you have been given the right) then you would become illegal immigrant, so keep that in mind.

Thanks mk357
I am not in this situation at the moment (Thank God), but just wanted to know about the options if it happen as this is valid possibility.