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URGENT ADVICE ILR PEO appointment on 29 September 11

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

AshMad
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Joined: Wed Apr 27, 2011 4:55 am

URGENT ADVICE ILR PEO appointment on 29 September 11

Post by AshMad » Sat Sep 24, 2011 10:55 pm

Hi All,

Need an urgent advice on my ILR application.
I completed my 5 years of stay in 1st week of August.
However the rule of 90 days at a stretch and 180 days in tota was breached.
This was due to my lost passport in India and subsequent time spent outside UK due to things not in my control.
I was granted permission to come back after intervention of UKBA and British High Commission.
They know about my circumstances.
Now I have aggregated 60 days additional over 5 years period to cover for my absences which if considered as a discretion would mean that the 90 day & 180 day breach would be covered.
I have booked an appointment with PEO on 29 September 2011.
Since my application is not straightforward I dont know what would be outcome @ PEO.
1. Request members in the forum for their suggestions whether I apply through PEO ?
2. Is there any member in the forum who knows of a case on similar grounds where discretion is offered @ PEO ?
3. I do not have any solicitor to represent my case. Should I appoint a solicitor ? I am ready with all my documentation and its just 2-3 days left for appointment @ PEO so is it advisable to seek advise from solicitor at this juncture ?

Thanks & Regards
Last edited by AshMad on Sun Sep 25, 2011 8:12 am, edited 1 time in total.

osteophytes
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Re: URGENT ADVISE ILR PEO appointment on 29 September 11

Post by osteophytes » Sun Sep 25, 2011 2:36 am

AshMad wrote:Hi All,

Need an urgent advise on my ILR application.
I completed my 5 years of stay in 1st week of August.
However the rule of 90 days at a stretch and 180 days in tota was breached.
This was due to my lost passport in India and subsequent time spent outside UK due to things not in my control.
I was granted permission to come back after intervention of UKBA and British High Commission.
They know about my circumstances.
Now I have aggregated 60 days additional over 5 years period to cover for my absences which if considered as a discretion would mean that the 90 day & 180 day breach would be covered.
I have booked an appointment with PEO on 29 September 2011.
Since my application is not straightforward I dont know what would be outcome @ PEO.
1. Request members in the forum for their suggestions whether I apply through PEO ?
2. Is there any member in the forum who knows of a case on similar grounds where discretion is offered @ PEO ?
3. I do not have any solicitor to represent my case. Should I appoint a solicitor ? I am ready with all my documentation and its just 2-3 days left for appointment @ PEO so is it advisable to seek advise from solicitor at this juncture ?

Thanks & Regards
Please read this - http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

geriatrix
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Post by geriatrix » Sun Sep 25, 2011 3:30 am

Given the circumstances (loss of passport, and having to apply for replacement visa) I believe that caseworker discretion should be in your favour ... but I personally would not suggest that you apply in person.

And, applying 60 days late in the hope to cover up the excess makes no difference unless this incident / absence happened 5 years ago.
Life isn't fair, but you can be!

AshMad
Junior Member
Posts: 69
Joined: Wed Apr 27, 2011 4:55 am

Thanks

Post by AshMad » Sun Sep 25, 2011 7:45 am

@osteophytes
Thanks for the link.

I understand that the caseworker needs to ask the Senior Caseworker or The Line mabager in case if he needs more help after reading the guidance.

AshMad
Junior Member
Posts: 69
Joined: Wed Apr 27, 2011 4:55 am

Thanks

Post by AshMad » Sun Sep 25, 2011 7:51 am

@Sushdmehta Madam,

When I wrote to UKBA Public Enquiries about this issue in detail I got following mail,

Dear Mr XYZ,
Thank you for your enquiry.
Please be advised one of the main requirements relating to settlement on the basis of Tier 1 (General) is that the applicant has spent a continuous period of five years in the United Kingdom in this capacity.
Time spent out of the United Kingdom may be discounted if it is for paid annual leave or business trips that are necessary due to employment commitments. If the absence from the UK is during a period of unpaid leave, it is not discounted and will be used in calculating absences when considering an application for Indefinite Leave to Remain.
Any absences other than paid annual leave or necessary business trips should not exceed 3 months at a time or 6 months in total over the 5 year period.
However, if there were exceptional compassionate or compelling circumstances relating to why you would need to leave the UK for a prolonged period, this would be taken into consideration by the settlement caseworker - although we would be unable to guarantee the outcome of such an application.
Kindly include a covering letter with your application for the case worker to explain your circumstances.
A decision will be made by the caseworker who considers your application, based on the requirements of the Immigration Rules and the documentary evidence which you have submitted. We are unable to comment about the outcome of any application in advance.

Yours sincerely,
XYZ
Immigration Group
UK Border Agency

AshMad
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Joined: Wed Apr 27, 2011 4:55 am

AnothEmail Relating to my Absences

Post by AshMad » Sun Sep 25, 2011 7:56 am

I had to write the full story evrytime I sought advise from UKBA Pubilc Enquiries. Following is another email relating to absences from UK

Dear Mr XYZ,
Thank you for your enquiry.
Please be advised that, if you are unable to provide full details of your absences from the United Kingdom or there were exceptional or compelling circumstances relating to why you needed to leave the UK for a prolonged period, please enclose a covering letter with the explanation along with any documentary evidence that you may have to support your explanation. This would be taken into consideration by the settlement caseworker - although we would be unable to guarantee the outcome of such an application.
UK border Agency is unable to provide details of your departures from the United Kingdom. However, you can make a Subject Access Request (SAR) for information that we hold on you which may have details of your entries to the United Kingdom. To make an SAR, you must provide:
a cheque or postal order for £10, payable to 'The Home Office Accounting Officer'; and
sufficient personal information to enable us to uniquely identify you - for example, a copy of your passport or driver's licence, original utility bills, and your Home Office reference number if you have one.
Please send your SAR to:
DPU SAR
UK Border Agency

Lunar House
40 Wellesley Road
Croydon
CR9 2BY
When you make an SAR, it is helpful if you can say why you want the information you are asking for. This may assist us to find the information more quickly.
I hope that this information will be of assistance to you.
Yours sincerely,


XYZ
Immigration Group
UK Border Agency

AshMad
Junior Member
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Final Email From UKBA

Post by AshMad » Sun Sep 25, 2011 8:01 am

This email was from the same person in UKBA who was the first to respond to my query when I lost my passport in India......

He again wrote the above two emails after me seeking further advice when I returned back to the UK.

Finally on the PEO vs Postal, This is what he wrote after knowing the full background and my case history.........


Dear Mr XYZ,
Thank you for your reply.
Please be advised as a Tier 1 (General) applicant your application will be considered under section 9A of the SET(O) application form.

You can book a PEO appointment or submit your application by post as a self employed person for indefinite leave to remain in the UK.
I regret that we are unable to book appointments from requests by e-mail.
Please visit the following website to make an appointment at one of the Public Enquiry Offices listed below:
www.ukba.homeoffice.gov.uk/book-appointment
Full details of the service they provide can be found on the UK Border Agency website at:
www.ukba.homeoffice.gov.uk/contact/applyinginperson/

Yours sincerely,
XYZ
Immigration Group
UK Border Agency

AshMad
Junior Member
Posts: 69
Joined: Wed Apr 27, 2011 4:55 am

ADVICE

Post by AshMad » Sun Sep 25, 2011 8:07 am

@sushdmehta and other members in the forum,

Kindly advise me to what should I be doing ?

1. Go to PEO
2. Postal Application
3. Involve Immigration Solicitor ?

Your advise would be highly helpful in me making a decision whether to cancel PEO appointment or to go for postal application or engage an immigration solicitor.

Also forgot to mention that, I have just 4 months left with me before my current leave expires.

Thanks to all the members for taking their personal time out and have e contributed a lot in responding, helping and guiding others with their immigration queries.

thanks & regards

AshMad
Junior Member
Posts: 69
Joined: Wed Apr 27, 2011 4:55 am

Need Advice

Post by AshMad » Wed Sep 28, 2011 7:14 pm

Hi All,

I cancelled the appointment for ILR and am in need of an immigration lawyer.
Can any member in the group help me with a refrence ??

Thanks & Regards

tariqul5000
Junior Member
Posts: 71
Joined: Mon Apr 25, 2011 2:46 pm

Re: Need Advice

Post by tariqul5000 » Wed Sep 28, 2011 10:38 pm

AshMad wrote:Hi All,

I cancelled the appointment for ILR and am in need of an immigration lawyer.
Can any member in the group help me with a refrence ??

Thanks & Regards
go for uk-workpermit ldt. ask for Emma King phone number is 08452264030

just talk with her.

AshMad
Junior Member
Posts: 69
Joined: Wed Apr 27, 2011 4:55 am

Uppdate

Post by AshMad » Sun Oct 23, 2011 11:52 am

As rightly advised by Sushdmehta I have to go for postal application for my ILR SET(O).

Infact I received the SAR documents by post.

These documents indicate few of my absences from UK but does not include my total absences.

However I have made my own absence list with all supporting documents for each absence which includes e-tickets, letters of invitation for business visits, tour visit details etc. These absences are more than what is in the SAR documents and I want to specify them as I have been out of UK for more days than what their records indicate.

I do not know as to how will UKBA verify my absence list as I am not aware of any information apart from SAR to corroborate my absences.

Another thing bothering me is the time required for processing the ILR Postal application as in another 3 months I will run out of my current leave.


Sincere request to the forum members to throw some light on this.
Last edited by AshMad on Tue Feb 14, 2012 9:32 pm, edited 1 time in total.

AshMad
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Post by AshMad » Sun Oct 23, 2011 11:55 am

My sincere thanks to Sushdmehta and Jami for their valuable advise in making me follow the right direction.

geriatrix
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Re: Uppdate

Post by geriatrix » Sun Oct 23, 2011 2:10 pm

AshMad wrote:Another thing bothering me is the time required for processing the ILR Postal application as in another 3 months I will run out of my current leave.
When a valid in-time application is submitted, your current leave remains extant under section 3C even after the date of expiry given on the vignette / BRP.
Life isn't fair, but you can be!

AshMad
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Joined: Wed Apr 27, 2011 4:55 am

Post by AshMad » Sun Oct 23, 2011 9:47 pm

Thanks a lot to Sushdmehta for the link.

I have few more questions as I am bit worried if following happens;

1) If UKBA does not exercise discretionary grounds, after my leave expires then can I apply for further extension in Teir 1 (Gen) category ?

I applied for extension of Teir 1 just before my HSMP expired.

Can I keep extending my Teir 1 (General) leave in the event of refusal of ILR after my leave expires ?

If so then i how many days can I apply for further extension ?

2) Can I get a right of appeal if ILR refusal is made after my leave expires ?

3) Is it advisable for applying for Teir 1 extension (or) appeal against ILR refusal ??

I am preparing myself for the worst scenario instead of firefighting left at the last moment as I do not have much time left.

geriatrix
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Post by geriatrix » Mon Oct 24, 2011 8:16 am

1. If the law states that you be granted the right to appeal, you'll be.
2. If your application is refused, whether you should appeal or apply for extension will depend on the reason(s) of refusal.
3. Assuming your settlement application is refused, you may be able to make an out-of-time application for extension but you'll not get the right to appeal in case the application is refused.

Cross the bridge when you get to it - worrying unnecessarily is not going to help you in any way.
Life isn't fair, but you can be!

AshMad
Junior Member
Posts: 69
Joined: Wed Apr 27, 2011 4:55 am

Urgent Help Required

Post by AshMad » Sat Feb 11, 2012 6:37 pm

Application pending with UKBA for 4.5 months.

Expedited through MP....After 3 months of wait. UKBA wrote to MP that they have not yet alloted case worker. MP says that they should be given time to make decision. MP admits that it is frustrating but asks me to be patient hoping UKBA will decide soon.

My LTR is expiring on 15/02/2012.

I have lost my patience. I have already lost couple of big job openings due to visa issue. Am not sure what should I do ?

Kindly advise.

At one point in time I am considering sending postal Tier 1 extension on 15/02/12. I can do so by using my Driving License technically as the form itself asks if my passport is with UKBA for any other application made. Am sure UKBA will ask me to withdraw ILR if I have to proceed with Tier-1 extension.

What are the chances of taking Tier-1 extension and then immediately applying for ILR with the said discretion ???

I have run out of any ideas and this wait is killing me.......

Thanks & Regards
Ash

Greenie
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Post by Greenie » Sat Feb 11, 2012 7:13 pm

what makes you think that applying for a tier 1 extension is going to be any quicker than waiting for a decision on the application for ILR?

AshMad
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Joined: Wed Apr 27, 2011 4:55 am

Thanks

Post by AshMad » Sat Feb 11, 2012 8:15 pm

Hi Greenie,

Thanks for your reply.

I know Tier-1 Extension is not going to be quicker. However in case I apply on 15/02/12, at least it will not be deemed OUT OF TIME.

However if Option-3 given by SushdMehta happens then my application becomes OUT OF TIME and will be hassles in future if my ILR discretion is also not exercised.

Request you to suggest me some options as I can't think of anything at the moment.

Regards
Ash

AshMad
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Joined: Wed Apr 27, 2011 4:55 am

Post by AshMad » Tue Feb 14, 2012 11:45 am

Is there anyone who has been in similar boat and who can suggest as to what can be done ?

Rosaaa
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Post by Rosaaa » Tue Feb 14, 2012 4:53 pm

AshMad wrote:Is there anyone who has been in similar boat and who can suggest as to what can be done ?
Hi AshMad,

I think you should have applied for a Tier 1 extension first, and than tried for ILR. If it is not too late and if you have a good chance enough points etc.), it is better to extend your visa and worry about ILR later.

I was in a similar situation, have completed 5 years lawfully in the UK but breached the 180 days rule. I extended my Tier 1 and I will try for ILR.

If your ILR application is refused after your current leave have expired, you may have to leave the country and you will not be able to apply for Tier 1 extension from outside the UK... so if I were you I would apply for Tier 1.

Your representative should be able to advise on this, you said you apply via 'MP' - I guess must be some kind of a representative. If so, you'd be better find a new one.

Anyway, you said it all yourself, so you know... and you are the one taking the risk.

Good luck!

AshMad
Junior Member
Posts: 69
Joined: Wed Apr 27, 2011 4:55 am

Thanks

Post by AshMad » Tue Feb 14, 2012 9:17 pm

Hi Rosaaa

I did try to expedite through my MP but asked me to wait patiently. I know from where this is coming from. After all she is UKBA Boss.

Today I have spoken to couple of advisors and immigration solicitors and they said that my case is credible and there should not be any problem. If at all there is an issue they are saying that JR would tilt in my favour.

Again they also say that if I withdraw ILR now and then seek extension then again there is one problem.

The problem is if I re-apply for ILR and if it is refused then at the time of JR my case becomes weak.

I have been advised that I should show desperation in getting ILR rather than playing safely by seeking extension and then hoping to get ILR.

Regards
Ash
Last edited by AshMad on Tue Feb 14, 2012 9:29 pm, edited 1 time in total.

AshMad
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Post by AshMad » Tue Feb 14, 2012 9:18 pm

Is it possible to make an OUT of TIME application for extension in the event of ILR refusal ??

Rosaaa
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Post by Rosaaa » Tue Feb 14, 2012 10:22 pm

AshMad wrote:Is it possible to make an OUT of TIME application for extension in the event of ILR refusal ??
Hi AshMad,

It seemed that you were risking to jeopardise your immigration status, so I thought that I should worn you. However, I may not be competent enough. You are a grown-up person and have professional advisors, so you may know better.
I just have a different approach and do not like to take any risk with important things.

Anyway, I doubt that being desperate would help anything and that you would be able apply for Tier 1 extension after your visa expires (please read the Tier 1 guidance).
I do not know what you mean by MP and JR...
Good luck and please let us know how it goes.

Cheers,
Rosa

AshMad
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Post by AshMad » Tue Feb 14, 2012 10:43 pm

Hi Rosaaa,

MP : Member of Parliament
JR : Judicial Review

Actually I was searching on the net for OUT OF TIME APPLICATION and found the following.

http://www.ukresident.com/forums/topic/ ... -declined/

It appears that there is a Case Law which allows for applying after refusal and still the application being considered IN TIME .

This leaves me with following questions;

If ILR gets refused then I will I apply for JR. When the JR is in process, Can I make an IN/ OUT (Expert opinion Reqd) of time application ?

Will this application reset the next ILR clock from the time I reapply ?

Rosaaa
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Post by Rosaaa » Tue Feb 14, 2012 11:13 pm

I did not know you can apply through an MP, maybe I should apply through the PM. :)) Just joking, you must be a special case than.
Good luck!

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