Long residency ILR refused- Help!

[hendrickache]

Hi

I have recently been refused Indefinite leave to remain on the grounds that I have broken the period of 10 year continous residence. I have spent over the maximum 18 months out of the UK over my 10 years (from August 2001- August 2011) with my absences totalling 24.6 months. I met all other criterias.

It is really frustrating as I first entered the UK as a young student when I was 13 due to my Father deciding to send me a British boarding school where I spent 5 yrs of my life. I then moved to University in Bath and spent a further 4 years and now I have right to be in the country on a post-study work visa expiring in sept 2012. I have never claimed state benefits, fully integrated myself into society (people are very surprised to hear I am not English born) and have only contributed postively to society, not to mention the huge tutition fees I've paid throught my education here.

I have really spent my formative years here in this country and consider it my home. All my friends are here, my job is here, my girlfriend is here, my dreams and aspirations are here, my life is here and I will find it gut-wrenching if I have to leave when my post-study work visa expires next year.

During my time as a student I would always go away on summer, christmas and easter holidays to visit family and friends across the globe. I would go on holiday for around 2.5months each year in the last decade. I never once thought of the consequences this will have on my eligibility to apply for ILR.

I find it rediculous that some people have been granted leave to remain and even citizenship when they can hardly speak the language, yet alone contribute to the economy just because they have had fewer absences from the country.

So want I want to know is what steps can I take from here? Is there anything I can do to reverse the decision? Is the criteria of not having spent over 18 months outside the UK flexible on a case-by-case basis?

I am considering writing to my local MP, or getting an immigration solicitor to review my case to see what options are available to me. In the refusal letter they said that I have no right to appeal as I still have right to remain in the UK till sept 2012... any advice on that?

Any advice will be much appreciated. Thank you

[geriatrix]

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