ILR Refused- administrative review

[AHMEDKHILED]

Hi
I would appreciate your opinions on the following matter concerning my Indefinite Leave to Remain (ILR) application under the Tier 1 (Entrepreneur) route.

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Case Background
• Route: Tier 1 Entrepreneur (5-year ILR)
• Application date: April 2025
• Decision: Refused
• Points awarded: 60/75
• 20 points – Investment (£230,000 director’s loan)
• 20 points – Registration / director status
• 20 points – Job creation (2 full-time positions for 12+ months)
• 0 points – Continuous residence ✘

The refusal is solely on continuous residence due to absences exceeding 180 days in a 12-month period (2023–2024).

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Reason for Absence

I had extended absences from the UK because I was caring for my mother following:
• A total knee replacement, followed by serious postoperative complications ( life threatening)


A full medical report was submitted.

I am the only available caregiver, as:
• My father was medically unfit to care for her( medical report evidence)
• No professional care was realistically available in her region

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Home Office Refusal Rationale

The refusal letter states:
• They accept my mother underwent significant surgery
• But they concluded she was “not critically ill”, and therefore the circumstances did not justify absences beyond 180 days
• They stated I had time to “make suitable care arrangements”

My concern is that the caseworker applied a “critical illness” test, which does not align with published guidance on serious or compelling reasons, which includes medical crises of close family members where the applicant is required to provide support.

Additionally, parts of the medical evidence appear not to have been considered.

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Administrative Review (AR)

I have applied for AR on the basis that:
• The decision-maker failed to apply Home Office policy correctly regarding “serious and compelling circumstances”
• A higher threshold (“critical illness”) was incorrectly introduced
• Relevant medical evidence and contextual facts were not properly evaluated
• The decision is arguably irrational in public law terms

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Request for Professional Opinions

I would appreciate insights on:
1. Strength of AR arguments in similar Tier 1 absence-based refusals
2. Whether this type of issue is more appropriately resolved through PAP/JR, given the discretionary nature

3. recommendations at this stage


Since this rout is closed no further extension is applicable.
My business is operating and doing very well.


Thanks

[zimba]

AR is used to rectify administrative errors. It will not force the UKVI to reconsider but sometimes they may do it.
I'd say wait for the outcome of the AR for now. Return for more advice if it failed

[SYLari]

Hi,

When did you apply for the AR ? We are in a similar situation.