ILR refused 180 day rule - can I appeal on compass. grounds?

[agg25]

I just got my letter last night saying I'd been rejected for the ILR visa. I submitted a spreadsheet to them earlier saying I'd been out of the UK for 223 days over the 5 years all holidays. (I thought the rule was 270 days but turns out this is for naturalisation!)
However, first of all, I assume they just used my spreadsheet to calculate the numbers and I believe I've calculated incorrectly in that I thought
days away = arrival date - departure date
but I've since read it's the number of whole days you're outside the country.

That would bring me down to 197 days away.

Also, I had two trips back to Australia, 30 days in total. These were to see my cousin/best friend who'd been diagnosed with Cancer, so I believe these 30 days could be subtracted off the total too bringing it down to 167 days, underneath the 180 day limit.

As this was the main reason I was rejected (well that and the fact they said I had no family ties to the UK even though I've lived with my brother for the last 2 years) is this a clear cut case for appeal and what are my likely chances of success?
Would I still be best speaking to a lawyer or being represented and is it best to go for the oral hearing?
Also (sorry for all the questions) how long does it take to get a hearing and how long do they take to decide?

I'm crapping myself, because I really don't have a life in Oz anymore, apart from my Mum, cousin and sister there I have no reason to be there. My life is now all in the UK, friends, work, girlfriend, social/sporting life so it would kill me to leave.

[Lucapooka]

so it would kill me to leave.

Why would you have to leave? Why can't you extend your current leave?

[agg25]

so it would kill me to leave.

Why would you have to leave? Why can't you extend your current leave?

I'm on an ancestry Visa which ends after 5 years so I wouldn't be able to work.

[Lucapooka]

I can't see anything in the immigration rules that prevents you making an extension of your current leave.

http://www.ukba.homeoffice.gov.uk/visas ... extending/

[agg25]

Although I'd prefer the ILR and have already paid the £1000 fee, this looks like it could be a viable fallback option which I didn't think I could do, so thanks for that!
If I failed my appeal for ILR do you think it would affect my ancestry extension application?
Lastly, what do you think my chances of winning the appeal are in your opinion?
Thanks.

[Lucapooka]

If I failed my appeal for ILR do you think it would affect my ancestry extension application?

No, that's exactly why you are allowed to make such extensions.

[agg25]

OK, thanks.
Any opinion on my other questions?
Appreciate your help.

[geriatrix]

Appeal on basis of grounds that you had to visit and live with your cousin / friend / acquaintance overseas for 30 days becuase he/she was diagnosed with cancer! What / where are the compassionate grounds (relevant to you, not the patient) for appeal?

Best that you apply for extension, as already advised - ideally within 10 days of receiving the refusal or asap.

[agg25]

Sorry, sushdmehta, not sure what the question was. I thought the 30 days would be struck off the days away count for compassionate reasons as my cousin/best friend had cancer and I had to go home to see him. Is this not correct?

You think as well that I should just give up on the ILR and extend the ancestry? It just seems a waste of time and money if I can appeal successfully that's all, and if I have good grounds for this I think I'd rather be taking this route.

[geriatrix]

Your friend had cancer. Unfortunate and a compassionate reason for the person in question .... not you.

But why did you have to leave UK and live with him/her for 30 days? What are the "compassionate grounds"? - That you voluntarily left UK and decided to live abroad for 30 days?

What prevented you from returning to UK after spending a couple of days with the person in question? Can you explain to UKBA the reasons .. with documentary evidence(s)?

[agg25]

It wasn't 30 days in one stretch, it was 16 days and 14 days, the first time because he'd just been diagnosed and the second time when it came back after he'd been in remission. As it was in Australia you can't really duck back for a couple of days.
So if my best friend might be dying, there's no compassionate grounds for that?? Seems a bit harsh!

[geriatrix]

As it was in Australia you can't really duck back for a couple of days.

It's called "choice" due to various factors involved (distance / cost etc.), not compassionate grounds ... unfortunately.

The bottomline is that the onus is on you to prove your case. If you can, please do appeal. Alternatively, apply for extension.

[agg25]

Couldn't I appeal and then if not successful, apply for an extension or don't they allow that?

Also, how can I provide all the documents (ie passports, birth certificates etc) for an extension if the Home Office already have all these in their possession?

[Lucapooka]

So if my best friend might be dying, there's no compassionate grounds for that?? Seems a bit harsh!

Not really. It's open to wholesale abuse. You could lose yourself for months in Ibiza during one long summer and then say that a friend was a bit sick so you had to care for him. How would it be possible to manage and decide on the plethora of bullshit excuses that the human mind is capable of dreaming up?

[agg25]

Just read this too...

UK Ancestry Visa Extension
Policy changes which came into effect on 3rd April 2006 stipulate that Ancestral visa holders will only qualify for Indefinite Leave to Remain following 5 continuous years on the Ancestry visa.

If your current visa will expire after only 4 years, you will need to first apply for an extension to make up the time so that you have actually spent 5 continuous years here in the UK on the Ancestry visa conditions.

1st Contact would be delighted to assist you with this extension application. Our recommendation is that you submit this extension application when you are within 3-6 months of your current visa expiring.'



Read more: http://www.1stcontactvisas.com/united-k ... z1uOGtnm1h
British Citizenship

[agg25]

So if my best friend might be dying, there's no compassionate grounds for that?? Seems a bit harsh!

Not really. It's open to wholesale abuse. You could lose yourself for months in Ibiza during one long summer and then say that a friend was a bit sick so you had to care for him. How would it be possible to manage and decide on the plethora of bullshit excuses that the human mind is capable of dreaming up?

Well, I could get my cousin to testify, produce evidence, medical records etc

[Lucapooka]

That particular new is six years old!

[agg25]

That particular new is six years old!

So has it changed again? Bloody ell!

[Tats]

In order to get yourself out of any pressures if your Ancestry visa is going to expire shortly, then I would suggest that you apply for Ancestry Visa renewal for 5 years through sameday application. I renewed mine at Croydon last year, was given 5 years till 2016, but I'm now qualified to apply for ILR and have booked a sameday appointment. Once you are refused, the whole process begins to become a costly exercise for you. The appeal process may take longer than expected and your visa may expire.

Note that Ancestry renewal/extension is exactly like a fresh application. You will need to provide all required documents that you provided in your first application and also prove that you still meet all 5 requirements for Ancestry (which I guess should be easy)
http://www.ukba.homeoffice.gov.uk/visas ... -ancestry/
http://www.ukba.homeoffice.gov.uk/visas ... extending/
I don't think that your ILR situation should have any bearing on Ancestry Visa extension. The reasons for ILR refusal are not the same as requirements for Ancestry new application or extension.
If you don't go the route of appealing and you are reapplying for your ILR in the near future, then I suggest you do premium service.

[Loveislovely]

I just got my letter last night saying I'd been rejected for the ILR visa. I submitted a spreadsheet to them earlier saying I'd been out of the UK for 223 days over the 5 years all holidays. (I thought the rule was 270 days but turns out this is for naturalisation!)
However, first of all, I assume they just used my spreadsheet to calculate the numbers and I believe I've calculated incorrectly in that I thought
days away = arrival date - departure date
but I've since read it's the number of whole days you're outside the country.

That would bring me down to 197 days away.

Also, I had two trips back to Australia, 30 days in total. These were to see my cousin/best friend who'd been diagnosed with Cancer, so I believe these 30 days could be subtracted off the total too bringing it down to 167 days, underneath the 180 day limit.

As this was the main reason I was rejected (well that and the fact they said I had no family ties to the UK even though I've lived with my brother for the last 2 years) is this a clear cut case for appeal and what are my likely chances of success?
Would I still be best speaking to a lawyer or being represented and is it best to go for the oral hearing?
Also (sorry for all the questions) how long does it take to get a hearing and how long do they take to decide?

I'm crapping myself, because I really don't have a life in Oz anymore, apart from my Mum, cousin and sister there I have no reason to be there. My life is now all in the UK, friends, work, girlfriend, social/sporting life so it would kill me to leave.

@Agg25!

How long did the HO hold your documents, before the refuse your application?

Thanks in advance
Loveislovely

[carlos2011]

If it was all holidays consistent with paid annual leave and you were clearly working and based in the UK the whole time then one thing to consider is judicial review. I'd go and talk to a good lawyer (not sure who to recommend).