ILR PEO deferred Apps - Further checks/Additional docs cases

ranga_12345 · Post by **ranga_12345** » Sun Mar 25, 2012 6:44 pm

Yes, I will be posting my tier 1 extension application on monday. There is no consistency with UKBA on how they deal with absences and luck did not favour me. One of my colleague got ILR with 450 + day absence ( with 2 absence more than 90 days) but not me. Our cases were exactly similar. Anyways, all the best vtp mtpsk and others . Thanks for your support.

vtp11321 · Post by **vtp11321** » Sun Mar 25, 2012 7:05 pm

Hi ranga,

I am sorry to hear about your case with regards to the ILR..your right about UKBA not showing any consistency in what they do....typically them....i still don't have any news.....did they give u a ring or did they send your passport by mail?

Anyways...given the case that they didnt give you the right to appeal, it was good you got your passport before Tier 1 visa end .. you could atleast get through with the extension....maybe check with others if you could apply for reconsideration parrallel with your Tier 1 extension....not sure about how it works...
Good luck....

Regards,
VTP...

jaskiratbaweja · Post by **jaskiratbaweja** » Sun Mar 25, 2012 7:44 pm

ranga_12345 wrote:Yes, I will be posting my tier 1 extension application on monday. There is no consistency with UKBA on how they deal with absences and luck did not favour me. One of my colleague got ILR with 450 + day absence ( with 2 absence more than 90 days) but not me. Our cases were exactly similar. Anyways, all the best vtp mtpsk and others . Thanks for your support.

Yes another member Chrams also got his ILR with more than 90 days and I believe his salary was paid in India as well. Probably its subjective to caseworker and may be next time you apply with a lot more documentation about these absences. All the best for Tier 1 and hope your reconsideration for ILR is approved.

chweetgurl · Post by **chweetgurl** » Sun Mar 25, 2012 8:03 pm

ranga_12345 wrote:Folks,

I got my documents back and my ILR has been refused. They have not given the right to appeal. I had absence of 339 days ( around 240 business trip and 99 leave). The reason for rejection is not not spending continuous 5 years as I had two absence of more than 90 days. Even though the absence were for business purpose , they have rejected my application. My Tier 1 is expiring on 29th March and I am applying for extension by post on monday.

Regards,
Ranga.

Sorry to hear thing Ranga and wish you good luck with your application, Have you considered to apply through an solicitor who is specialised in immigration?

ZyRon33 · Post by **ZyRon33** » Mon Mar 26, 2012 8:32 am

Congrats Jaskiratbaweja and Ausgirl88. Sorry to hear that Ranga. Mine is more than 2 months now and still waiting. I have consulted my MP and he replied promptly saying that he will get in touch with UKBA. What else can I do? Godbless to all!

Calos · Post by **Calos** » Mon Mar 26, 2012 9:29 am

[quote="ranga_12345"]Folks,

I got my documents back and my ILR has been refused. They have not given the right to appeal. I had absence of 339 days ( around 240 business trip and 99 leave). The reason for rejection is not not spending continuous 5 years as I had two absence of more than 90 days. Even though the absence were for business purpose , they have rejected my application. My Tier 1 is expiring on 29th March and I am applying for extension by post on monday.

Regards,
Ranga.[/quote]

Hi, Ranga, I am sorry to hear that. May I ask the rejection reason they mentioned on the letter, did they say anything about they felt the compelling reason wasn't enough to convince them, therefore they rejected based on no compelling reason provided. They targeted to your two over 90 days business trips, other than overall absences over 180 days?

Thanks.

chweetgurl · Post by **chweetgurl** » Mon Mar 26, 2012 3:11 pm

ZyRon33 wrote:Congrats Jaskiratbaweja and Ausgirl88. Sorry to hear that Ranga. Mine is more than 2 months now and still waiting. I have consulted my MP and he replied promptly saying that he will get in touch with UKBA. What else can I do? Godbless to all!

Hi ZyRon33 how did you apply? If Premium what was their reason for delay?
I think the MP bit does work, My mum in law applied for settlement via postal in November we contacted local MP and within 10 days UKBA wrote asking for more documents.

I am thinking of same if i do not receive by 1 month's time( hopefully i do not having to go down that route)

Good Luck

ranga_12345 · Post by **ranga_12345** » Mon Mar 26, 2012 6:57 pm

@vtp - I got a call from UKBA to come and collect the documents. During the submission of application, I had asked the case worker that wanted to collect in person.

@Calos - They said that I have not completed continuous 5 years and have broken the 180 day rule and 90 day rule. They have referred two absences of more than 90days. I had delayed my ILR application 7 months to componsate for the absece but has not worked for me.

ZyRon33 · Post by **ZyRon33** » Tue Mar 27, 2012 5:23 pm

@Chweetgurl, Thanks! I applied Personally at Croydon PEO last 12th of January,
I was told by the case officer that I need to provide a letter of confirmation from my employer stating that they did a technical change with work permits UK (I was employed by company "a" 5 years back and my new employer took over 2 years ago, same workplace but new owner) and I need to submit it before 14 days, which I did. My employer provided me a solicitor just in case. I e-mailed my MP about my situation 2 weeks back and also e-mailed UKBA yesterday. The waiting time is very stressful, not knowing the outcome or progress of the application. Goodluck!

vtp11321 · Post by **vtp11321** » Wed Mar 28, 2012 7:32 am

@Zyron,

When is your current leave going to expire?

Regards,
VTP

ZyRon33 · Post by **ZyRon33** » Wed Mar 28, 2012 7:56 am

@vtp11321, Hi, my visa expired last 3rd of Feb. Cheers!

chweetgurl · Post by **chweetgurl** » Wed Mar 28, 2012 1:00 pm

@Zyron wish you good luck as well...

I rang UKBA today , a grumpy lady answered call told me off and also mentioned should not contact them before 6 months of application!!

jaskiratbaweja · Post by **jaskiratbaweja** » Wed Mar 28, 2012 7:16 pm

UKBA is very unhelpful with regards to providing status updates. They go by the book and I have not seen anybody being able to get a useful update by calling the expensive 0870 number. It is just a waste of money especially if you have been waiting for less than 6 months.

However, if you need to expedite your case, for start send a letter by post and then next step contact your area MP.

I can understand how anxious and unbearable this wait can get.

Hope and pray that all still waiting get the good news soon.

chweetgurl · Post by **chweetgurl** » Wed Mar 28, 2012 7:36 pm

jaskiratbaweja wrote:UKBA is very unhelpful with regards to providing status updates. They go by the book and I have not seen anybody being able to get a useful update by calling the expensive 0870 number. It is just a waste of money especially if you have been waiting for less than 6 months.

However, if you need to expedite your case, for start send a letter by post and then next step contact your area MP.

I can understand how anxious and unbearable this wait can get.

Hope and pray that all still waiting get the good news soon.

Thank you for support Jaskirat,
I contacted LIT (Local Immigration Team) assuming someone would help, The lady on phone mentioned they deal with only illegal immigrants cases removals etc but would try to check my info strangely she could not find my details on her system. She also said that any postal items go through security check at PEO and asked me to wait another week or 2.

At home my nan's situation was more worse so i decided to email UKBA complaints highlighting my case and sent them correspondence so far. If next week i do not hear anything MP is the only resource i am left with..
I am exhausted with all this... phew

jaskiratbaweja · Post by **jaskiratbaweja** » Wed Mar 28, 2012 7:48 pm

chweetgurl wrote:
Thank you for support Jaskirat,
I contacted LIT (Local Immigration Team) assuming someone would help, The lady on phone mentioned they deal with only illegal immigrants cases removals etc but would try to check my info strangely she could not find my details on her system. She also said that any postal items go through security check at PEO and asked me to wait another week or 2.

At home my nan's situation was more worse so i decided to email UKBA complaints highlighting my case and sent them correspondence so far. If next week i do not hear anything MP is the only resource i am left with..
I am exhausted with all this... phew

I hope you get your passports back with ILRs soon. Wish your nan a speedy recovery. Take care

jaskiratbaweja · Post by **jaskiratbaweja** » Wed Mar 28, 2012 7:50 pm

So as of today we have following forum members waiting to hear back : -

vtp11321
mtpsk
ZyRon33
Panda_0777
chweetgurl
Londonguy79

ZyRon33 · Post by **ZyRon33** » Wed Mar 28, 2012 9:05 pm

UPDATE!

I e-mailed my solicitor this morning and she replied:

"No I have heard nothing from UKBA yet. Probably what happened is that because we are asking for the Secretary of State to exercise her discretion in your case it is taking longer to make a decision. It is not unusual for the UKBA to take several months in such cases - although I was hoping that it would be quicker."

Londonguy79 · Post by **Londonguy79** » Wed Mar 28, 2012 9:14 pm

Hi yes here is my info:

Applied Croydon PEO ILR (1 year work permit, 4 years T1) 28/03/12
Nationality : Australian.
265 personal days outside of UK over 5 years (Wife is Czech so I spent many weekends and Xmas holidays there)
Longest absence was for 32 days (Holidays in Australia)
No request for any additional documents. Just "More enquires are needed"

One more thing to mention that might be related. On some of my larger times outside of the country there was no stamp on my passport when I came back into the UK because I used the IRIS system. So they might be confirming those records.

Cheers,

Londonguy.

feigoronin · Post by **feigoronin** » Thu Mar 29, 2012 9:48 am

I have booked my appointtment for 24th Apr in Solihull. I was on WP till May 2008 and then switched to Tier-1. I have total 210 days of absence in last 5 years with longest absence of 74 days, when I was sent by my employer to work in India in 2009. I was paid in INR during this period. Other than these 74 days all were paid leaves. I haven't managed to get a letter from my employer for these 74 days as they are giving all sorts of excuses, now that I am an ex-employee. I have my landline bills and tenancy agreement for this perioed. Do not have council tax bills as it wasn't in my name. I also consulted a solicitor who said you don't need to worry at all and you don't need any letter from your employer. But I don't want to go via a solicitor initailly as the visa cost will almost double. Hope all goes well.

Thanks.

chosenaik · Post by **chosenaik** » Thu Mar 29, 2012 10:59 am

There is only 1 risk that i will point out. Be prepared for the question of why you were paid in INR, as for that period you were not paying UK tax or NI (I'm presuming). It may show that UK is not your main place of employment.

However as your stay was less than 90 days and this was in 2009 the Case Worker may not even pick this point up! Also you have documents to show that you were indeed based in UK during that period so I think it should all be ok.

Like I said, im just pointing it out so you are prepared for it.

Good luck!

feigoronin · Post by **feigoronin** » Thu Mar 29, 2012 11:10 am

chosenaik wrote:There is only 1 risk that i will point out. Be prepared for the question of why you were paid in INR, as for that period you were not paying UK tax or NI (I'm presuming). It may show that UK is not your main place of employment.

However as your stay was less than 90 days and this was in 2009 the Case Worker may not even pick this point up! Also you have documents to show that you were indeed based in UK during that period so I think it should all be ok.

Like I said, im just pointing it out so you are prepared for it.

Good luck!

Thanks. Also, I am assuming since I had switched to Tier-1 before that period and was no more on WP, it should be a strong point too that I wasn't based outside UK, since I wasn't restricted to a single employer. But you never know UKBA. It's all on the caseworkers mood. A friend with 4 months single absence(paid in INR) + other absences got his visa and another one denied.

chweetgurl · Post by **chweetgurl** » Thu Mar 29, 2012 11:57 am

ZyRon33 wrote:UPDATE!

I e-mailed my solicitor this morning and she replied:

"No I have heard nothing from UKBA yet. Probably what happened is that because we are asking for the Secretary of State to exercise her discretion in your case it is taking longer to make a decision. It is not unusual for the UKBA to take several months in such cases - although I was hoping that it would be quicker."

Hi Zyron

Hopefully it wont be too long, Good Luck

chweetgurl · Post by **chweetgurl** » Thu Mar 29, 2012 12:03 pm

feigoronin wrote:I have booked my appointtment for 24th Apr in Solihull. I was on WP till May 2008 and then switched to Tier-1. I have total 210 days of absence in last 5 years with longest absence of 74 days, when I was sent by my employer to work in India in 2009. I was paid in INR during this period. Other than these 74 days all were paid leaves. I haven't managed to get a letter from my employer for these 74 days as they are giving all sorts of excuses, now that I am an ex-employee. I have my landline bills and tenancy agreement for this perioed. Do not have council tax bills as it wasn't in my name. I also consulted a solicitor who said you don't need to worry at all and you don't need any letter from your employer. But I don't want to go via a solicitor initailly as the visa cost will almost double. Hope all goes well.

Thanks.

Good Luck feigoronin
Its worth keeping an Explanation letter handy to submit ,as in my appointment time at PEO croydon in one window a UKBA staff took documents in separate folders and no case worker was involved directly with applicant. There was another UKBA staff just returning documents(results) This unfortunately is a massive disadvantage as an applicant unable to clarify any questions case worker may have.

feigoronin · Post by **feigoronin** » Thu Mar 29, 2012 12:07 pm

chweetgurl wrote:
Good Luck feigoronin
Its worth keeping an Explanation letter handy to submit ,as in my appointment time at PEO croydon in one window a UKBA staff took documents in separate folders and no case worker was involved directly with applicant. There was another UKBA staff just returning documents(results) This unfortunately is a massive disadvantage as an applicant unable to clarify any questions case worker may have.

Hi,
Do you mean an explanation letter for the 74 days absence?

Thanks.

chweetgurl · Post by **chweetgurl** » Thu Mar 29, 2012 12:12 pm

feigoronin wrote:
chweetgurl wrote:
Good Luck feigoronin
Its worth keeping an Explanation letter handy to submit ,as in my appointment time at PEO croydon in one window a UKBA staff took documents in separate folders and no case worker was involved directly with applicant. There was another UKBA staff just returning documents(results) This unfortunately is a massive disadvantage as an applicant unable to clarify any questions case worker may have.
Hi,
Do you mean an explanation letter for the 74 days absence?

Thanks.

Yes just incase you do not get to see your caseworker, If you get to see him/her direct then you need not submit could hold on to it and explain for any of their questions if asked.

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