ILR refused for not maintaining continuous stay in the UK!

Prayas · Post by **Prayas** » Mon Dec 24, 2012 9:21 pm

Hi

My ILR is refused, the reason they gave to me is that I did not maintain the continuous stay here in the UK. I had to spend significant amount of time in Overseas as a part of my Job but I was working (at UK based organisation - my salary was paid in UK bank account, tax/NI were paid here).

I was under work permit for three years and Tier 1 general for two years. Adding these two periods, I was making five years to apply for ILR. I applied ILR before the expiry of my Tier1 General visa but now my ILR is refused and visa is also expired so that I will not be able to extend the Tier 1 visa too. I am in terrible situation as I do regret why I missed the advice to apply for Tier 1 extension against to apply for (doubtful) ILR?

Can you please anyone help me on this? I have spent significant amount of time (in one occassion more than eight months/yr out there in overseas) so that I do not know if I appeal for discretion that would be a strong point? Also can I ask them to allow me on discrtion to lodge Tier 1 extension? as missed that opportunity because I was 'ill-advised' or got wrong information?

Any help on this would be highly appreciated.
Many thanks.

Prayas

alok_singh · Post by **alok_singh** » Mon Dec 24, 2012 9:39 pm

Prayas wrote:Hi

My ILR is refused, the reason they gave to me is that I did not maintain the continuous stay here in the UK. I had to spend significant amount of time in Overseas as a part of my Job but I was working (at UK based organisation - my salary was paid in UK bank account, tax/NI were paid here).

Was your absence more than 180days in the consecutive 12 months periods?

I was under work permit for three years and Tier 1 general for two years. Adding these two periods, I was making five years to apply for ILR. I applied ILR before the expiry of my Tier1 General visa but now my ILR is refused and visa is also expired so that I will not be able to extend the Tier 1 visa too. I am in terrible situation as I do regret why I missed the advice to apply for Tier 1 extension against to apply for (doubtful) ILR?

Can you please anyone help me on this? I have spent significant amount of time (in one occassion more than eight months/yr out there in overseas) so that I do not know if I appeal for discretion that would be a strong point? Also can I ask them to allow me on discrtion to lodge Tier 1 extension? as missed that opportunity because I was 'ill-advised' or got wrong information?

Any help on this would be highly appreciated.
Many thanks.

Prayas

What ever was the situation you can apply Tier 1 extension with 28days after the refusal .
Best is call UBKA call center apply for Tier 1 extension ASAP may be use a solicitor or Immigration agen

cs95tdg · Post by **cs95tdg** » Mon Dec 24, 2012 11:24 pm

Prayas wrote:Hi

My ILR is refused, the reason they gave to me is that I did not maintain the continuous stay here in the UK. I had to spend significant amount of time in Overseas as a part of my Job but I was working (at UK based organisation - my salary was paid in UK bank account, tax/NI were paid here).

I was under work permit for three years and Tier 1 general for two years. Adding these two periods, I was making five years to apply for ILR. I applied ILR before the expiry of my Tier1 General visa but now my ILR is refused and visa is also expired so that I will not be able to extend the Tier 1 visa too. I am in terrible situation as I do regret why I missed the advice to apply for Tier 1 extension against to apply for (doubtful) ILR?

Can you please anyone help me on this? I have spent significant amount of time (in one occassion more than eight months/yr out there in overseas) so that I do not know if I appeal for discretion that would be a strong point? Also can I ask them to allow me on discrtion to lodge Tier 1 extension? as missed that opportunity because I was 'ill-advised' or got wrong information?

Any help on this would be highly appreciated.
Many thanks.

Prayas

When did your leave to remain expire? It would be difficult for anyone to comment on whether or not an appeal would be successful based on the information currently provided. However if your ILR application was after Dec 13th and you broke the 180 day absence threshold within any of the 12 consecutive month periods during your 5 years (counting backwards from your ILR application date), for purely work/business travel, then the chances of discretion being applied would be slim based on the current guidance. See Page 16 under http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Absences in excess of 180 days in any 12 month period for employment or economic activity reasons are not considered exceptional.

Note you can however make an out-of-time Tier 1 General application, within 28 days of your previous Tier 1 General visa expiry date/ILR decision date. Any application to extend your leave to remain after 28 days of expiry would result in a refusal - See http://www.ukba.homeoffice.gov.uk/sitec ... verstayers
If such an application is successful, then your ILR clock would begin again from the corresponding approval date.

vivg · Post by **vivg** » Tue Dec 25, 2012 1:38 am

Hi There,
Sorry I am having trouble in deciphering this statement. Please May I clarify this statemnt
"Absences in excess of 180 days in any 12 month period for employment or economic activity reasons are not considered exceptional."

does this mean that absences of 180+ days in any of 12 months (non consecutive) is a problem. Paraphrasing it, 180+ days absence in last 5 years is a problem for ILR application?[/quote]

Prayas · Post by **Prayas** » Tue Dec 25, 2012 3:39 am

cs95tdg wrote:
Prayas wrote:Hi

My ILR is refused, the reason they gave to me is that I did not maintain the continuous stay here in the UK. I had to spend significant amount of time in Overseas as a part of my Job but I was working (at UK based organisation - my salary was paid in UK bank account, tax/NI were paid here).

I was under work permit for three years and Tier 1 general for two years. Adding these two periods, I was making five years to apply for ILR. I applied ILR before the expiry of my Tier1 General visa but now my ILR is refused and visa is also expired so that I will not be able to extend the Tier 1 visa too. I am in terrible situation as I do regret why I missed the advice to apply for Tier 1 extension against to apply for (doubtful) ILR?

Can you please anyone help me on this? I have spent significant amount of time (in one occassion more than eight months/yr out there in overseas) so that I do not know if I appeal for discretion that would be a strong point? Also can I ask them to allow me on discrtion to lodge Tier 1 extension? as missed that opportunity because I was 'ill-advised' or got wrong information?

Any help on this would be highly appreciated.
Many thanks.

Prayas
When did your leave to remain expire? It would be difficult for anyone to comment on whether or not an appeal would be successful based on the information currently provided. However if your ILR application was after Dec 13th and you broke the 180 day absence threshold within any of the 12 consecutive month periods during your 5 years (counting backwards from your ILR application date), for purely work/business travel, then the chances of discretion being applied would be slim based on the current guidance. See Page 16 under http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Absences in excess of 180 days in any 12 month period for employment or economic activity reasons are not considered exceptional.

Note you can however make an out-of-time Tier 1 General application, within 28 days of your previous Tier 1 General visa expiry date/ILR decision date. Any application to extend your leave to remain after 28 days of expiry would result in a refusal - See http://www.ukba.homeoffice.gov.uk/sitec ... verstayers
If such an application is successful, then your ILR clock would begin again from the corresponding approval date.

THANKS, I APPLIED ON 10 JUNE 2012 AND MY TIER 1 GENERAL WAS VALID UNTIL 11 SEPTEMBER 2012. I GOT THE DECISION FOR REFUSAL ON 17TH OF DECEMBER. SO, I THINK I MISSED THESE CHANCES TOO?

Prayas · Post by **Prayas** » Tue Dec 25, 2012 3:42 am

alok_singh wrote:
Prayas wrote:Hi

My ILR is refused, the reason they gave to me is that I did not maintain the continuous stay here in the UK. I had to spend significant amount of time in Overseas as a part of my Job but I was working (at UK based organisation - my salary was paid in UK bank account, tax/NI were paid here).
Was your absence more than 180days in the consecutive 12 months periods?

ALOK, UNFORTUNATELY, YES, IN THE FIRST YEAR I WAS IN OVERSEAS FOR 9 MONTHS.

I was under work permit for three years and Tier 1 general for two years. Adding these two periods, I was making five years to apply for ILR. I applied ILR before the expiry of my Tier1 General visa but now my ILR is refused and visa is also expired so that I will not be able to extend the Tier 1 visa too. I am in terrible situation as I do regret why I missed the advice to apply for Tier 1 extension against to apply for (doubtful) ILR?

Can you please anyone help me on this? I have spent significant amount of time (in one occassion more than eight months/yr out there in overseas) so that I do not know if I appeal for discretion that would be a strong point? Also can I ask them to allow me on discrtion to lodge Tier 1 extension? as missed that opportunity because I was 'ill-advised' or got wrong information?

Any help on this would be highly appreciated.
Many thanks.

Prayas
What ever was the situation you can apply Tier 1 extension with 28days after the refusal .
Best is call UBKA call center apply for Tier 1 extension ASAP may be use a solicitor or Immigration agen

THEY RETAINED MY PASSPORT (DO NOT KNOW WHY?) BUT ALLOWED ME TO APPEAL AGAINST DECISOIN.

ramay · Post by **ramay** » Tue Dec 25, 2012 9:23 am

you can extend your visa within 28 days from 17dec. 28 days is given also after any stay under 3C when the decision is pending..so than you can apply again for ILR but chose right time for the application in the middle period of your absence..than if it more than 180 it will cut in half like 179+179 for each 12 consecutive month period.

ramay · Post by **ramay** » Tue Dec 25, 2012 9:26 am

THEY RETAINED MY PASSPORT (DO NOT KNOW WHY?) BUT ALLOWED ME TO APPEAL AGAINST DECISOIN.

they keep your passport with intention to remove you from uk..

Prayas · Post by **Prayas** » Tue Dec 25, 2012 1:50 pm

ramay wrote:you can extend your visa within 28 days from 17dec. 28 days is given also after any stay under 3C when the decision is pending..so than you can apply again for ILR but chose right time for the application in the middle period of your absence..than if it more than 180 it will cut in half like 179+179 for each 12 consecutive month period.

ONCE THEY REFUSED MY ILR ON 17th DEC, HOW IT WILL BE POSSIBLE TO RE-APPLY FOR ILR AGAIN WITHIN 28 DAYS? DID YOU MEAN THAT? DID I GET YOUR POINT RIGHT, ramay?

Spidery_thread · Post by **Spidery_thread** » Tue Dec 25, 2012 4:40 pm

ONCE THEY REFUSED MY ILR ON 17th DEC, HOW IT WILL BE POSSIBLE TO RE-APPLY FOR ILR AGAIN WITHIN 28 DAYS? DID YOU MEAN THAT? DID I GET YOUR POINT RIGHT, ramay?

You cannot reapply ILR (read rules in bold, below):

"Absences of more than 180 days in each consecutive 12 month period preceding the date of application (in all categories) will mean the continuous period has been broken.

However, consideration may still be given to granting indefinite leave to remain (ILR) outside the rules if evidence is provided to show the excessive absence was due to serious or compelling compassionate reasons. Evidence, in the form of a letter from the applicant setting out full details of the compelling reason for the absence and supporting documents must be provided.

Absences in excess of 180 days in any 12 month period for employment or economic activity reasons are not considered exceptional".

Unless you can prove you had exceptional, compelling compassionate circumstances which led to your extra stay(in excess of 180 out side the U.K in the first year of your WP).

You'll have to reapply and extend your T1G visa with in 28 days from 17 Dec 2012(you should have been given 10 working days to appeal against your ILR refusal).

Prayas · Post by **Prayas** » Tue Dec 25, 2012 4:58 pm

@spidery-thread

Many thanks for the response.

Just for further details on your comment - If I can reapply for Tier 1 general, do I have to send seperate application (including all the documents but my passport is with them) for extension? Or I can ask them while appealing saying that I would like to extend Tier 1 general? Or appeal and application go simultaniously?

Many thanks.

Prayas

Spidery_thread · Post by **Spidery_thread** » Tue Dec 25, 2012 5:04 pm

Prayas wrote:@spidery-thread

Many thanks for the response.

Just for further details on your comment - If I can reapply for Tier 1 general, do I have to send seperate application (including all the documents but my passport is with them) for extension? Or I can ask them while appealing saying that I would like to extend Tier 1 general? Or appeal and application go simultaniously?

Many thanks.

Prayas

You'll have to send a new application (T1G) with all supporting documents.

Appeal and new T1G application can go simultaneously, but you must have solid grounds to appeal your ILR refusal.

Prayas · Post by **Prayas** » Tue Dec 25, 2012 5:26 pm

@spidery-thread

Thanks again for your help.

As you mentioned I have to have a strong reason to appeal- I initially thought I have, but now I realised it may not be a strong one because I stayed in overseas for a long time (even about 9 mo in one year though I was still working for a UK company).

Thus, as you advised re-apply for tier 1 could be a reliable alternative. If that is the case, I have to start to collect the docs. But do you have the reference for this legal provision (3C ??) that allows me to apply for extension under this situation?

Thanks.

Spidery_thread · Post by **Spidery_thread** » Tue Dec 25, 2012 5:32 pm

Prayas wrote:@spidery-thread

Thanks again for your help.

As you mentioned I have to have a strong reason to appeal- I initially thought I have, but now I realised it may not be a strong one because I stayed in overseas for a long time (even about 9 mo in one year though I was still working for a UK company).

Thus, as you advised re-apply for tier 1 could be a reliable alternative. If that is the case, I have to start to collect the docs. But do you have the reference for this legal provision (3C ??) that allows me to apply for extension under this situation?

Thanks.

Your 3C leave expired on 17 Dec 2012 with the refusal, now you have 10 working days to lodge an appeal if not, you have 28 days to file a new application(by 14 Jan 2013).

Section 3C:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

ramay · Post by **ramay** » Tue Dec 25, 2012 7:05 pm

Prayas wrote:
ramay wrote:you can extend your visa within 28 days from 17dec. 28 days is given also after any stay under 3C when the decision is pending..so than you can apply again for ILR but chose right time for the application in the middle period of your absence..than if it more than 180 it will cut in half like 179+179 for each 12 consecutive month period.
ONCE THEY REFUSED MY ILR ON 17th DEC, HOW IT WILL BE POSSIBLE TO RE-APPLY FOR ILR AGAIN WITHIN 28 DAYS? DID YOU MEAN THAT? DID I GET YOUR POINT RIGHT, ramay?

reapply for ILR is possible only after extension your visa. for example your absence was from 1 of march to 1 of November in 2010 (total absence 240 days) if you submit your application on 1 of July 2013 you going to cut that absence in half..for four months in each 12 consecutive month period.
so now extend your leave and apply next year..Good luck..

that rule was in October it was on application form for tier1 on the first page.now is not there anymore.try to find it or ask some solicitor..

"From 1 October 2012, applications for further leave to remain under the Points Based System
will fall for refusal if you have overstayed for more than 28 days on the date of application,
unless there were exceptional circumstances which prevented you from applying within the 28
day period. The 28 day period of overstaying is calculated from the latest of:
• the end of the last period of leave to enter or remain granted,
• the end of any extension of leave under sections 3C or 3D of the Immigration Act 1971, or
• the point that a migrant is deemed to have received a written notice of invalidity, in
accordance with paragraph 34C or 34CA of the Immigration Rules, in relation to an in-time
application for further leave to remain."

Prayas · Post by **Prayas** » Wed Dec 26, 2012 10:09 am

Thank you so much friends for your comments and suggestions.

Having seen your comments, I came with the following ideas. Can you guide me further pls.?

1) Still I am not very clear whether 'appeal" against the decison for refusing ILR (10 days given for that) and the application for the extension of Tier 1 (allowed within 28 days of decision to refuse ILR) go together as a single application now?

2) If they do, do I need to include all the documentation to apply for the extension of Tier 1 on that application or just ask them if they allow me to apply for extension of T1 at appeal?

3) Unless I send the T1 extension application seperately (perhaps it will not be seprateed from appeal now), I do not have to pay the application fee? And in this case again I may not need to submit all supporting documents? Or at appeal I can ask to allow me to apply for T1 extension?

4) like if somebody suggested, is it possible to disregard this decision and just apply for Tier1 extension? Probably not coz I have given the right to appeal and if I do not (or apply for extension of T1), i have to leave the country. So may be i can ask for T1 extension or permission to apply for that at appeal?

I appreciate your suggestions.

Thanks.

Prayas

Spidery_thread · Post by **Spidery_thread** » Wed Dec 26, 2012 7:26 pm

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Page 5, Paragraph 3 Sates:

'If no appeal is brought in time, leave to remain which is extended by 3C or 3D will lapse. If an out of time appeal is accepted by the Tribunal, leave is extended until the appeal is finally determined, withdrawn or abandoned'.

cs95tdg · Post by **cs95tdg** » Thu Dec 27, 2012 6:30 pm

Prayas wrote:Thank you so much friends for your comments and suggestions.

Having seen your comments, I came with the following ideas. Can you guide me further pls.?

1) Still I am not very clear whether 'appeal" against the decison for refusing ILR (10 days given for that) and the application for the extension of Tier 1 (allowed within 28 days of decision to refuse ILR) go together as a single application now?

2) If they do, do I need to include all the documentation to apply for the extension of Tier 1 on that application or just ask them if they allow me to apply for extension of T1 at appeal?

3) Unless I send the T1 extension application seperately (perhaps it will not be seprateed from appeal now), I do not have to pay the application fee? And in this case again I may not need to submit all supporting documents? Or at appeal I can ask to allow me to apply for T1 extension?

4) like if somebody suggested, is it possible to disregard this decision and just apply for Tier1 extension? Probably not coz I have given the right to appeal and if I do not (or apply for extension of T1), i have to leave the country. So may be i can ask for T1 extension or permission to apply for that at appeal?

I appreciate your suggestions.

Thanks.

Prayas

Prayas, your a) ILR appeal (if you decide to submit one) will be independent from your b) new Tier 1 G leave to remain application (again if you decide to submit one).

As has already been mentioned, time is of the essence here. You are given upto 10 working days from the decision date to appeal and upto 28 days from the decision date to submit a new Tier 1 G application.

First, determine whether you have valid grounds for a successful appeal, by re-assessing your ILR application against the current Immigration rules. You can either do this yourself or engage professional help. Depending on what you find, this is what I see as your options:

1) a) Submit ILR Appeal & b) Submit a New Tier 1 General Application. Each seperately.
2) a) Submit a New Tier 1 General Application.

Prayas · Post by **Prayas** » Tue Jan 01, 2013 9:16 am

Thank you very much for your suggestions.

Do you have any recommendations for the Solicitors in London? I got a few, but could not decide where to go.

Also, I am not sure how to answer these questions in the application form Tier 1 General extension, can you ps help me with this too?

1) When does your current leave expire?
My Tier 1G visa expired in September, but got the final decision on ILR (refusal) just a week ago in December. So what to mention here?

2) D5. If your leave to enter/remain has expired, did this leave expire more than 28 days before this application was made?
I think this one is also related to Q1

3) D6.Tick to confirm you are submitting evidence of exceptional circumstances which prevented you from submitting your application within 28 days of overstaying?
For this, may be I mentioned my story in cover letter and refer to that? How openly I should tell them about my refusal?

4) D12. Do you currently have any other applications with us on which you are awaiting a decision?
D13. Do you currently have an appeal with the Asylum and Immigration Chamber which is yet to be heard?
If I appeal, that would be the one here? yes with reference no. etc.

So many questions!

Thanks

K_Karan · Post by **K_Karan** » Tue Jan 01, 2013 8:41 pm

Hi, your case looks complex. Myself and few of my friends has processed Tire1, extensions and ILR applications successfully through the below solicitor.

http://aceuk.org/contact.html

He seems to competent and will come with you to UKBA and speak to the case worker on behalf of you if you go for same day appointment.

onabanjo · Post by **onabanjo** » Wed Jan 02, 2013 1:50 pm

Hi,

I can understand your situations but am afraid you need to seek for legal opinion on these matter fast.

Am aware that only few people on this forum are lawyers or so to say,immigration experts regarding your case(a bit complicated) to provide an effective solution that can guarantee your peace ,so why gambling with your fate.Am so sorry to have used that word if you are angered by its use.
I can imagine what would have been going through you since December 17th when the sad news was broken via the UKBA decision.

Regarding the choice of lawyer to use.Someone would have recommended those you are referring to.Consult any two of them and decide who to follow because a chosen lawyer will have to prepare for your case too.It wont be in your interest if the lawyer is put under pressure to work on your case because of inadequate time.

Thank you

onabanjo · Post by **onabanjo** » Wed Jan 02, 2013 3:50 pm

Hi,

I can understand your situations but am afraid you need to seek for legal opinion on these matter fast.

Am aware that only few people on this forum are lawyers or so to say,immigration experts regarding your case(a bit complicated) to provide an effective solution that can guarantee your peace ,so why gambling with your fate.Am so sorry to have used that word if you are angered by its use.
I can imagine what would have been going through you since December 17th when the sad news was broken via the UKBA decision.

Regarding the choice of lawyer to use.Someone would have recommended those you are referring to.Consult any two of them and decide who to follow because a chosen lawyer will have to prepare for your case too.It wont be in your interest if the lawyer is put under pressure to work on your case because of inadequate time.

Thank you
_________________

ryan2020 · Post by **ryan2020** » Wed Jan 02, 2013 5:07 pm

Spidery_thread wrote:
Prayas wrote:@spidery-thread

Many thanks for the response.

Just for further details on your comment - If I can reapply for Tier 1 general, do I have to send seperate application (including all the documents but my passport is with them) for extension? Or I can ask them while appealing saying that I would like to extend Tier 1 general? Or appeal and application go simultaniously?

Many thanks.

Prayas
You'll have to send a new application (T1G) with all supporting documents.

Appeal and new T1G application can go simultaneously, but you must have solid grounds to appeal your ILR refusal.

Hi Spidery,

where is the link which says you can apply appeal and tier 1 G entension simultaneously ??

As far as i know you can appeal within 10 days OR apply for tier 1 G extension within 28 days.

IF you appeal fine if you go for extension and if your extension get refused bear in mind YOU WILL NOT HAVE CHANCE OF APPEAL. in that case YOU HAVE TO LEAVE UK.

ishchopra · Post by **ishchopra** » Fri Feb 15, 2013 10:27 am

Hello Prayas,

Can you please tell us what have you done ultimately.

what have you concluded.

your exaple will help others.

Cheers

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ILR refused for not maintaining continuous stay in the UK!