Time out of the UK

[fyosef]

Hi all,

My brother applied for ILR under the 10 years long resident and his application was refused because he has spent a total of 943 days out of the UK.

He came to the UK when he was 15 years old as a GCSE student and all of his 10 years in the UK have legal been as a student visa holder. I was hoping a discretion will apply because he has spent his formative years in the UK or under the private life but none was applied. Time out of the UK were all during the typical summer and Christmas holidays and were randomly varying from 20 to 120 days a time.

His visa runs out in 2018 as he is still finishing off his PhD studies, and he was given the right to appeal which he took. It has been 6 months and we have heard nothing back from Home Office. So my question, is there a point in appealing the decision? Any professional people have had similar experience or cases that they work on?

Thank You in advance!

[CR001]

That is almost double the absence of what ILR LR permits. Discretion doesn't have to be given by HO.

Appeals are taking very long at the moment, sometimes over a year just to get a hearing date.

[fyosef]

That is almost double the absence of what ILR LR permits. Discretion doesn't have to be given by HO.

Appeals are taking very long at the moment, sometimes over a year just to get a hearing date.

Thank you for the reply. Yes number of days is double, so in your own opinion and perhaps from past experience, do you see the appeal as a waste of time? Also do you recommend seeking professional help? The reason I ask, in case the answer is obvious and consulting a professional expert would be a waste of money?

Thank you again!

[CR001]

How did he explain the excessive absences? Did he write a letter and explain them and ask for discretion or did he just complete the form and hope for the best?

[fyosef]

How did he explain the excessive absences? Did he write a letter and explain them and ask for discretion or did he just complete the form and hope for the best?

Unfortunately the latter, in his application he listed all absences thinking that school/summer holidays would not count. In his submitted appeal, he emphasized on the fact that he came to the UK young and his family were overseas and explained some of the absences.

Am I right to assume good explanation of those absences might help? Hence, perhaps seeking professional help?

[CR001]

Unfortunately for him, ALL absences outside the UK count towards the limit. There are no 'exceptions' or 'excluded absences'.

There have been members on the forum also refused for excessive absence for long residence ILR with extremely compassionate reasons (parent with cancer and dying for example).

He should have written a detailed letter of explanation when he submitted his application.

What year did he first enter the UK that he used as the start of his qualifying 10 year period?

[fyosef]

First entry as student: 20.09.2005
ILR Application & refusal: 20.06.2016

Reason: "The secretary of state is not satisfied that you have spent 10 years continous residence, your residence is considered to be broken due to the fact you were absent from the UK more than 18 months in the last 10 years . Your application was refused under 276D with reference to 276 A (i) (a) (v.

...The secretary of state considered that there were no compassionate or compelling reasons for your long stays away from the UK so as to use any discretion in your favour and as such , your application is refused...."

[CR001]

When was the single absence of 180 days or more?

This breaks continuity of residence and therefore the refusal would be correct.

[fyosef]

When was the single absence of 180 days or more?

This breaks continuity of residence and therefore the refusal would be correct.

Thank you for your time replying!

There was no single absence of 180 days or more. The longest was 153 days in 2013 followed by 126 days in 2010.