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hasher768 wrote:Thanks, I'll check it. My work permit expired in Nov 2010. So I got a CoS from my employer to help me complete my 5 years. On the basis of this I got a Tier 2 General Visa and the BRP Cars. The reason for the extension was that I got the visa in Nov 2005 but only came into the country in Jan 2006, so was falling short of 3 months to apply for an ILR

hasher768 wrote:I came to the UK on 21st Jan 2006 to work for a large blue chip company and since have been associated with the same employer. My role requires me to travel to locations all over the world with UK being my base location. I stayed in UK continuously with occasional European business trips from Jan 2006 to March 2009 and was sent abroad for a project for one year. I completed my project and returned back to my base UK in May 2010. I must add that all this while I was still an employee of the UK based company and my salary and expenses were all coming in my UK account. Even during this absence, I was coming back every 3 months except for 1 instance where I had to stay long due to the nature and pressure of my work. This amounts to 204 days (March 2009 to October 2009). My employer has confirmed in the attached letter that frequent travel is necessary and part of my job description.

If your ILR is due to expire after the case is decided no one get appeal chance
During the 5 year period I had my two sons born in the UK and I have bought a residential property where I reside with my family. For all practical purposes UK has been my country of residence and my absence from UK as I mentioned above was under the direction of my UK based employer.

At my interview (I went for an PEO appointment) I was told by the case officer that because I was out of the country for more than 90 days in one of my absences, he couldn’t make a decision on my application. I explained as above that these absences were due to the nature of my job and pointed that the supporting letter from my employer explains that these absences were necessary travels as part of my job description. The case officer wasn’t too sure and told me that he could not make a decision and my case had to be referred to the review team for further deliberation and action. I was told, it could take up to 3-4 weeks.

I got the Home Office Letter today citing the same reason and have refused my application with no right of appeal. they further said, I should be eligible to apply for ILR in 2014. My current leave to remain expires on 21st Jan (a week's time). I am arranging for a CoS with my employer to extend my stay probably untill 2014 (I'll know on Monday) but can I apply for a judicial Review against this decision and what are my chances of success and what kind of costs would be involved.

KH