ILR refused due to 30 extra days absence. Does it make sense to fight?

[lemontree]

Dear readers,

I need opinions/advise/ similar cases on my situation.

I am one of the victims of Tier 1 G being cancelled with 4 year notice. As a result, I had 210 days absence in my first year of 5 year ILR application.

Days outside of the UK:

2013-2014: 210 days
2014-2015: 70 days
2015-2016: 32 days
2016-2017: 30 days
2017-2018: 90 days

I explained extra 30 days absence with a letter from an overseas doctor (I was out of the UK for medical treatment). Knowing that this treatment available in the UK (I was refused on these grounds before in my previous ILR application, when the time outside of the UK was 400 days), I submitted NHS waiting times (a couple of months in my case), and underlined that I wanted to be treated as as soon as possible, and to be close to my family while undergoing my treatment for moral and emotional support (I don't have any family in the UK). If I knew that Tier 1 G would be cancelled, I would have stayed in the UK to do my treatment, but back in 2013 Tier 1 could have been extended for many years ahead.

I received another ILR refusal letter, saying yet again that this treatment is available in the UK. It took HO 5 months to refuse my ILR. (I applied by post).

I can apply for Administrative review (which I don't have any hopes for), and then Judiciary review.

I haven't been working for almost a year, and I am running low on my savings. Looking for a job at the moment is complicated, as I don't know if I am eligible to convert to Tier 2 at this point without leaving UK.


Basically, I have to decide: to fight, while not being able to work, or to leave UK and continue my life somewhere else. I am very reluctant to spend another couple of months waiting to be refused again.

My question is: does it make sense to fight HO decision? How expensive is it going to be? How long? What are my chances of success? Are there any success cases with absences of more than 180 days?

Another question: if I leave UK and try to find Tier 2 employer, how long will it take to process my Tier 2 visa?

Background information: I have been living in the UK for 11 years. Tier 1 granted in December 2009. Self-employed as a limited company (HO had an issue with that as well, they refused to acknowledge my earnings, despite me being a sole employee of my limited company. I think I can fight that (or maybe I am naive), but there is nothing I can do with my 210 days absence. Can't go with long term residency as I spent lots of time overseas.

PS: all my earnings are from a very reputable company in the City, where I was a contractor, supported by the letter of my accountant and limited company accounts. Apparently, still not good enough for HO.


Thank you!

[mr123x]

What was the para of immigration rule they quoted in your refusal letter.?

[lemontree]

245CD (e) Appendix A, paragraphs 19 (a) and 19(b), and 19SD a, v, vi, vii and some others.

[sparkyram]

When this decision is made ?

Check below link for new rules:

https://assets.publishing.service.gov.u ... -07-18.pdf

"Transitional Arrangements – rolling 12 month period"---

[mr123x]

If you had applied spliting your absence between two years; you might get a chance on 180 days.

But not on the unpaid leave issue.

[lemontree]

I am puzzled by the comment. Do you really think I didnt consider that? I could only go back 5 years before my Tier 1 expired.