ryan2020 wrote:missgolightly wrote:And just to further clarify to you all: I had 245 days total, however I had 120 days of annual leave entitlement so my total days absent fall below the 180 days rule.
For some reason this wasn't considered. Over the phone, the lady said I had been given the wrong advice and that annual leave entitlement doesn't necessarily get excluded. This goes against their own guidance and cases in the past, which were quoted by my lawyer in her covering letter.
She said on the phone that because I left the country for 90 days after being in the UK for 10 days, that "didn't look good". I guess it doesn't look good (I decided to get some travelling and family visiting out of the way before getting a job) however that statement isn't part of any legal guidance and I think it some kind of discretion being used by some incompetent people in Liverpool.
Wish me luck on Tier 1 renewal!!
Hi Missgolightly
sorry to hear about your visa but still you should be happy that they didn't send you refusal after your leave have expired.
Did you apply on 28 days window ?
can you clear about your absences
'I had 245 days total, however I had 120 days of annual leave entitlement so my total days absent fall below the 180 days rule.'
does you absences were 245 or 120 ??? leave entitlement is 180 days in 5 years period including paid/unpaid/business trip Excluding more than 90 days in a stretch or totaling to more than 180 days.
if you have 245 days out of country i believe you have exceeded the entitlement.
have they refuse you on 245 days ? or 90 days.
But its Greater than 90 days not 90 days... even you have to give brief / accepted reason for 90 days even.
'She said on the phone that because I left the country for 90 days after being in the UK for 10 days, that "didn't look good".'
you mean you arrived in the country and after 10 days you left UK for 90 days ? is this correct ?
so your lawyer writes in covering letter that this will go against your guidance notes in the past cases. Personally i don't like this you are writing to CW and telling that in previous cases it was against ukba etc... make CW no good.
I have seen your posts Please can you list every thing like whom you write , complains etc so if any one like to do that they have all the info.
thanks
Hi Ryan, you'll have to excuse my absence from this forum, I have been taking all my time to file my Tier 1 renewal which went into the post yesterday. This should be a guaranteed.
to update you on the further feedback I've had, and to make everyone aware of my case:
-My immigration consultants (who actually I have found out are not registered solicitors so I will stop calling them lawyers) have never had a case refused such as mine and are in total shock and will write to the home office to say they have made an error
-The Home Office actually doesn't have any written guidance specifically saying what is the practice which is: you can total you days of absence, and then disregard all annual leave entitlement, and if that is below 180 days, you are fine
-The reason for my refusal wasn't the 90 days, as I didn't have more and that would be fine, the reason quoted was too many days of absence, and the caseworker, according to my consultants has not applied the guidance correctly as she seems to forget that we are allowed 180 days AFTER disregarding annual leave entitlement
-I have had a barrister (someone who is a trained registered barrister who works for a court of justice-luckily a good friend of mine) explain to me that in fact there are no set rules around the 180 days, it sounds like it's just a common practice, therefore the Home Office although probably deciding out of line with thousands of other cases like mine, are not technically or legally wrong
-It seems I have been very unlucky, and I am investigating if I have been given bad advice from my immigration consultants, however I am very exhausted by all this and as luckily my refusal letter was over a week before my leave expires, I am 100% still okay
-I have complained to the UKBA directly about the Premium service, The Home Office directly (Got a bounceback), and alerted Watch Dog and channel 4 news. I plan on contacting the Parliamentary Ombudsman at some point (phone number 03450154033, email
phso.equiries@ombudsman.org.uk). I will also write to my MP about my case as my consultants really insist the home office have made an error. I may also complain to the Immigration authority over my consultants if need be, not relevant to all of you.
Really the worst part for me is the travel I will likely be missing due to the postal applications taking weeks, and the impending strike likely not going to help.
Has anyone renewed a Tier 1 recently? How long did it take? My friend took 6 weeks in March.
Also I have to RETAKE my biometrics even though I already took them.
Virgo: I'm so happy for you!! best of luck to all, it will take time but you'll all get an answer. My case took weeks, and that was with additional work needed due to my absences.
Also, btw it is standard to quote cases in covering letters, my good friend had a similar situation to mine, same case quoted, same consultant and she got her ILR no problem.
