Ilr refused now need to extend tier 1

[Sgnambiar]

I would love some advice please. My wife and I applied for ILR but was refused as we had been out of the country for more than 3 months at a stretch. It was on medical grounds and I understand we can appeal, but that probably means our passports will be tied up a the one office for months. I was wondering if there was an alternative.can I apply for an extension to the tier 1 visa? Also does this mean I have to leave the country or can I continue to work? Would value your. Comments

[geriatrix]

Do you currently have valid leave? Or has it expired?
Have you been given the right to appeal?

[Sgnambiar]

Our current visa has expired but have been given the right to appeal..we feel it might be better to just get an extension.do u know if this is possible now that our visa has expired.we have been told we have 10 days to respond with additional information.

[geriatrix]

You may either appeal or apply for extension. Cannot do both.

If you can, try and submit the application for extension before these 10 days get over.

[Sgnambiar]

We have been told in the letter that we can apply for extension and subsequently apply for ilr in jan 2012 . Our visa ran out on sep 20th. If we get an extension will they say that we didn't have a visa from 20th sep till the new visa date and refuse us ilr on those grounds? Does that gap matter or will they backdate our visa? Thanks for ure quick response

[geriatrix]

We have been told in the letter that we can apply for extension and subsequently apply for ilr in jan 2012.

I take the accuracy of what such letters state with a pinch of salt.

If your application has been refused for a single absence exceeding 90 days during the qualifying residential period, how can any caseworker grant you settlement in three months time unless the absence in question falls out of the qualifying residential period? If they say they will do it in 3 months time, what has stopped them from doing it now?

Technically, when section 3C is in force you cannot make a new application. This section 3C protection will end on the 10th day.

If you apply for extension before then, you may be able to argue in the future (if need be) that you applied at a time when you had extant leave under section 3C and therefore you were not an overstayer at the time of such application. But, in reality whether this application for extension (submitted within the given 10 days) will be treated as an in-time application or out-of-time application, I cannot say.