ILR application with discretion at PEO

[mahmoodebrahim]

Hello everyone,

First of all, I'd like to thank everyone for their contribution to this amazing forum. I found plenty of good advice here.

My question is, if I'm applying for ILR and my case requires discretion which means it probably won't be decided on the day. Is it still worth applying for a same day decision at a PEO? I mean would the decision be made within a few days of the application or would it take months?

I just don't want to remain without a passport for 6 months wondering what is happening with my application.

I look forward to reading your responses and thank you for your help in advance.

Mahmood

[cyclina1]

If you are SET(M), you can use this service

https://www.gov.uk/government/collectio ... ng-service

[mahmoodebrahim]

Hi cyclina1,

Thank you very much for your comment. I am applying for SET (LR). it would have been useful to have this service for all ILR applications though!

[CR001]

Why does your case require 'discretion'?? What are the circumstances??

[mahmoodebrahim]

Hi CR001,

Thanks for taking the time to read my post.

these are my visa details:
1. 19/08/2008-31/10/2010 Tier 4 student visa: attended a boarding school for my A-Levels.
2. 07/09/2010-27/10/2014 Tier 4 student visa: completed my undergraduate studies
3. 09/10/2014-30/10/2018 Tier 4 extension visa: PhD

I have entered the UK on a student visa in Aug 2008 (age 17 yr 8 months). I have been granted two further visas as and undergrad and now PhD student. I have no visa refusals and no issues with UKBA at any time during my residency. The visas have been issued when the previous one was still valid so i have met the lawful residence requirement. However, I have not met the continuity requirement as I left the country more than 540 days (approximately 900 days).

The first two years were spent in a boarding school and I left for all holidays (summer, Christmas and half term) because the school was closed (around 280 days). The third year (first year undergrad) I lived in student halls and did the same.

For second, third and fourth years of the undergraduate course I also left on holidays.

I haven't left the country for more than 180 days in a single trip, but with the new 18 month rule I could be worked out that in a 12 month period in 2013, I left the country for 184 days (i got married that summer, not sure if they'd accept it!).

The majority of my absence days were in the first 5 years, in the last four years I left the UK for 120 days. I haven't left the UK in the last 12 months. My wife has been living here as a dependent for 2 years now and my son was born here a few months ago.

I wouldn't be granted within the usual rules so my only hope is to be given the ILR by arguing that my absences were in the first few years, I have now established strong connections in the UK with my wife and son living here. My parents and sister are the only family I have in my home country.

I can argue that I only returned during holidays when there was no teaching and because students receive extended holidays not accounted for in the HO guidelines. When those holidays were not given I stayed in the UK (I can take paid leave for a maximum of 6 weeks per year now, which I never did anyway).

What do you think about my case?

[Ajeet143]

Hi Mahmood,

Did you apply using premium service? I am in the same boat and wondering is it worth applying via premium service or not.

Thanks