10 years residence ILR was refused

[galpals]

I recently applied for ILR based upon 10 years lawful stay in the UK. My application was refused as they noted that I have two gaps in my continous lawful stay:

31/10/2003 - 04/11/2003
02/11/2009 - 17/11/2009

The second gap, however, is not a break in my continuous residence due to the following: On 15/10/2009 I left the UK with a valid visa. Whilst in China, on 19/10/2009 I applied for a new visa. This visa was granted and valid from 10/11/2009. On 17/11/2009 I returned to the UK using my new valid visa. According to 2.3.4 and 2.3.10 in the Immigration Directorates' Instructions on Long Residence I have not broken my continuous stay in the UK during this period.

I have passport stamps and airline e-tickets to prove that I was in China during this period and furthermore on 19/10/2009 whilst applying for my visa in Shanghai, I was required to submit my fingerprints for Biometric Information.

This means that during my 10 years continuous stay in the UK I have one gap of 4 days. According to 2.3.3 of Immigration Directorates' Instructions on Long Residence it is encouraged to provide discretion in this case.

My refusal letter states that I have no right of appeal as my current visa does not expire for another year. Is there anything that can be done?

[vinny]

Ask for a reconsideration.

Submit proof that you were not in the UK for the period between 16/10/2009 - 16/11/2009.

[galpals]

I have two credit card bankstaments showing my transaction in china during that period. And also, my passport has stamps by customs in china when I arrived and left shanghai.

[galpals]

Ask for a reconsideration.

Submit proof that you were not in the UK for the period between 16/10/2009 - 16/11/2009.

What's the chance they would agree to review my case? will they ignore my letter

[galpals]

Can you pls give me some advise to write this letter to get HO to review my case? thx a lot

[vinny]

Point out that their decision to refuse was contrary to their instructions.