ILR REFUSED DUE TO ABSENCES April 2015

[Sony247]

I applied for ILR after 5yrs of Tier 1 in April 2015. It was refused because I had absence in the 4th year of the 5 preceding years totalling 231 days limit. These absences are due to UK Company work secondment abroad. I provided letter from my then employer for these absences, but that didn't help. Wage, Tax and NI were all paid in UK. 55 days of this absence were due to illness but failed to show this during the initial application. Medical Note and Flight reschedule invoice were sent for the Administrative review but was not considered.
I have now applied for One-stop-notice. As I have been in UK since Sept 2006 without any crime record, first as student, own a property since 2011 in UK, Studied and worked as Mechanical Engineering MSc. Have a business and private life in UK.
I need your advice...personal email.

Moderator edit

[jayacpr]

So you have 231 days in one yr ???just to make myself clear!

[Sony247]

Yes, includes the 55days sick period. Working on $150m EPC project that means more employment in UK...

[Amber]

Just split the application date so that you don't have more than 180 days absences in any 12 month period. An alternative would be to ask for the use of discretion given extenuating circumstances if you can evidence by a medical professional that you were unable to return to the UK in time and but for that illness you would have not exceeded 180 days absences in any 12 month period.

A full list of absence dates would be helpful as would you current leave expiry date.

[Sony247]

Thanks Amber for your comment

"Just split the application date so that you don't have more than 180 days absences in any 12 month period. An alternative would be to ask for the use of discretion given extenuating circumstances if you can evidence by a medical professional that you were unable to return to the UK in time and but for that illness you would have not exceeded 180 days absences in any 12 month period.

A full list of absence dates would be helpful as would you current leave expiry date."

I wish I can re-apply again, so I will submit all the necessary evidence. I didn't have the flexibility of splitting it, my leave expires the week I applied for ILR. I had those medical report and Change of Flight details, yet it was not considered in the ADMINISTRATIVE REVIEW. I couldn't return to UK as initially arranged due to my illness, change flight to UK (from 09/07/13 to 03/09/13), but was not considered during the review as (Medical Report & Flight Change) are not part of the initial application.

27/12/10 to 19/01/11 Holiday
31/12/11 to 22/01/12 Holiday
22/12/12 to 15/01/13 Holiday
17/06/13 to 03/09/13 Work Secondment. (55days of these are due to illness)
11/09/13 to 03/12/13 Work Secondment.
16/12/13 to 25/02/14 Work Secondment.
16/04/14 to 01/05/14 Holiday.
30/12/14 to 18/01/15 Holiday.

Application on 19/04/15.

Someone Help...

[Amber]

Are you outside the UK or inside the UK without leave? What was the decision date?

[Sony247]

In Uk
Application ILR on 19/04/15
Administrative Review on 06/05/15
One-stop-Notice appeal submitted 14/05/15

[Nani]

Hi,

What was the result of the appeal?
My ILR was also rejected on 8th April for the same reason.

[noajthan]

OP has not logged onto forum nor posted anything since early June last year.