DESPERATE help for refused 10 years ILR

[cassiet89]

Dear friends,

i have applied for SET(LR) based on the 10 years residency however my application was refused due absences outside the country, around 900 days. as stupid as it may sound but i absolutely had no idea of such a rule until i got my refusal letter through the premium service.

i have been resident in the united kingdom since 2005, 2 months before i become 15 years old and i have been on a student visa ever since. i never had any gaps or break in my visa other than the 540 days rule. i have been given the right to appeal despite the fact that my visa expires in 2018.

the problem with my case is that the majority of the absences fall between 2009-2012 i.e. in the middle and they add up to almost 360 days, some of them where i had health issues like swine flu, arm surgery. others were due my grandmother past away but i must admit that a lot of my absences were also due to my father having health issues so i had to go back every summer in order to take his place in business so that he gets treatment at the hospital.

i am absolutely lost and have no idea what to do next, i made my application in Jun and got rejected at the same day, i made the appeal on the private life grounds however most likely it will be refused, so i need to amend the grounds and explain the absences.

can anyone suggest any solution to my case as to what do i need to prove and whether it will be accepted or not and what type of evidences i need to provide. Also i would greatly appreciate it if someone could refer me to a reliable immigration lawyer who have successfully dealt with such cases.


thank you all for the help

[noajthan]

Dear friends,

i have applied for SET(LR) based on the 10 years residency however my application was refused due absences outside the country, around 900 days. as stupid as it may sound but i absolutely had no idea of such a rule until i got my refusal letter through the premium service.

i have been resident in the united kingdom since 2005, 2 months before i become 15 years old and i have been on a student visa ever since. i never had any gaps or break in my visa other than the 540 days rule. i have been given the right to appeal despite the fact that my visa expires in 2018.

the problem with my case is that the majority of the absences fall between 2009-2012 i.e. in the middle and they add up to almost 360 days, some of them where i had health issues like swine flu, arm surgery. others were due my grandmother past away but i must admit that a lot of my absences were also due to my father having health issues so i had to go back every summer in order to take his place in business so that he gets treatment at the hospital.

i am absolutely lost and have no idea what to do next, i made my application in Jun and got rejected at the same day, i made the appeal on the private life grounds however most likely it will be refused, so i need to amend the grounds and explain the absences.

can anyone suggest any solution to my case as to what do i need to prove and whether it will be accepted or not and what type of evidences i need to provide. Also i would greatly appreciate it if someone could refer me to a reliable immigration lawyer who have successfully dealt with such cases.

thank you all for the help

You obviously have to show commitment and integration with the country in order to settle. Physical presence in the country engenders this.

If you proceed without representation. do make sure you understand your next application and all requirements thereof.
Alternately, check Law Society and/or OISC websites to secure professional representation; we will not entertain or make endorsements here.

[seasky]

Maybe not what you want to hear. But if you don't believe you have a strong chance of winning your legal route focus on getting Visa's so that you can continue staying.

[cs95tdg]

i have applied for SET(LR) based on the 10 years residency however my application was refused due absences outside the country, around 900 days. as stupid as it may sound but i absolutely had no idea of such a rule until i got my refusal letter through the premium service.

i have been resident in the united kingdom since 2005, 2 months before i become 15 years old and i have been on a student visa ever since. i never had any gaps or break in my visa other than the 540 days rule. i have been given the right to appeal despite the fact that my visa expires in 2018.

the problem with my case is that the majority of the absences fall between 2009-2012 i.e. in the middle and they add up to almost 360 days, some of them where i had health issues like swine flu, arm surgery. others were due my grandmother past away but i must admit that a lot of my absences were also due to my father having health issues so i had to go back every summer in order to take his place in business so that he gets treatment at the hospital.

i am absolutely lost and have no idea what to do next, i made my application in Jun and got rejected at the same day, i made the appeal on the private life grounds however most likely it will be refused, so i need to amend the grounds and explain the absences.

can anyone suggest any solution to my case as to what do i need to prove and whether it will be accepted or not and what type of evidences i need to provide. Also i would greatly appreciate it if someone could refer me to a reliable immigration lawyer who have successfully dealt with such cases.

The only possibility I can think of is if you are able to provide credible evidence that explain the exceptional circumstances around your absences and request for discretion to be applied. However I'm not sure how a new application would be viewed given that you appear to have applied previously with no awareness around the requirements and therefore I assume you made no attempt to explain those absences that may have been considered to be due to exceptional circumstances?

The alternative which has already been suggested is to find another suitable immigration category that you would qualify under to extend your leave, until such a time where your absences are acceptable for a ILR.