If your application has been refused for a single absence exceeding 90 days during the qualifying residential period, then the same reason may be used unless the absence in question falls out of the qualifying residential period. So in effect, UKBA has said that your ILR clock has been reset .... unless you can prove otherwise (which you tried to but seemingly failed).ankit.aj wrote:With regard to applying again, I am not sure if this over 3 months stay outside UK has broken my continuous 5 years UK stay fully. In that case, I would have to wait for three more years before applying for ILR?
Not applying for extension -> applying for settlement -> appealing if refused -> does make the situation precarious because if appeal is dismissed then your future in UK will be uncertain. On the other hand, if you apply for extension and then apply for settlement again in the near future you may be refused again for the same reason and without a right to appeal!ankit.aj wrote:Also, since my current visa is expiring in about 2 weeks, in current situation I would have to extend my current Tier 1 visa. In that case I wont get appeal right even if they reject my application if I apply say again in 3-6 months from now. Do you think is there any other straightforward way to challenge this decision before I apply for my Tier 1 extension?
Sorry! I meant that you apply for extension (in-person or by post, your choice) and in parallel apply for JR (which you do through a court).ankit.aj wrote:Do you mean that we can go to the PEO office and apply for extension in person and submit a request for judicial review at the same time?
May not work as the reason for refusal is given as "break in continuous residence because of (stated) single absence" rather than "been absent from UK for more days than the permitted limit".jami wrote:2. Apply for ILR after 4 months of extension ( after aggregating absence in question)
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