My dearest sister has just been rejected on her application for ILR Long residence, based on a break of continuous residence. We knew there was a chance it would be refused but also was expecting some sort of miracle! Basically her absence from this country over 10 years is well over the allowed 540 days (she left in total 701 days to be exact). We were hoping that the discretion will be made based on the fact that
1. A good chunks of the leaves were before she turned 18 and were at boarding school where during holiday time she would be kicked out. As a minor then should would have to be home with her family (back to thailand). But they argued that over 200 days were taken after she was 18 so she should have managed her time better. True but still hurts
Pretty much all the leaves were holidays so there is not much we can argue with. 2. Since all her visits are to home country, she cannot claim that her family tide is in the UK. Even though her 2 sisters are British citizens. Apparently she can keep in touch via modern communication and visits
So I am looking for options here...
Our current lawyer has referred us to an appeal lawyer (apparently best in the field), he is really push us to contact this lawyer immediately. I am unsure whether it is because he thinks she has a good chance on the appeal court or just trying to make money. So my questions are
1. Since her visa has now expired and I know you can stay in the country during appeal but how long does she has between now and applying for the appeal? We would like to think more about this appeal lawyer and not act too quickly (since it will cost quite a bit). We also trying avoid her leaving the country as applying from outside would be harder.
2. If her current employer are willing to apply for work permit, would it be possible to do so now during her "vacumm" of immigration status or would she has to apply from outside the UK?
3. If we are to appeal, we need new reasons which has not previously been stated, would it help to bring up the fact that she is in a serious relationship with a British person for more than 2 years (but they don't live together)?
4. Has anyone appeal successfully on similar case before? Our lawyer seems to indicate that judge tends to favour our side in case of a strong tie to the UK.
This is her timeline on immigration
Arrived in the UK - Aug 2002
Various students visa with no break on immigration status
Applied for ILR - 15 Jan 2014
Tier 4 student expired - 30 Jan 2014
Any help would be greatly appreciate! we need to act pretty quickly....