Ancestry Help: Can I switch to extension if ILR refused

Hello

Would be very grateful for any help and advice on my situation:

My 5 year Ancestry visa expires at the end of Jan 2012. I'm keen to apply for ILR in January using the PEO service, but may run into trouble as I've had lots of short holidays and am going to be closer to 200 days away over the five years. (but none greater than 20 days)

If my ILR is refused would I still be able to apply for a simple further leave to remain extension on my ancestry visa? I'm concerned as the ancestry extension form says you must apply at least 4 weeks before your visa runs out, yet I won't be able to apply for or get a decision on ILR until I'm within 4 weeks.

Given the costs involved I don't really want to pay for an extension now I can avoid it until I know if I'd be approved for ILR.

Also what happens if they decide to hold my application for ILR for further investigation and I'm not informed till after my visa has expired. I would then presumably not be able to switch to an ancestry extension?


Thanks for your help

Cheers,
Ian

If a decision to refuse (your settlement application) is made on a date that you have valid leave remaining, you will not be granted the right of appeal. In such case you'' be able to make an in-time application to extend your leave under UK ancestry before your current leave expires.

If a decision to refuse is made on a date that your leave has expired, then you will be given the right to appeal. You'll then have 10 (working) days to submit an appeal. In such case, you will not be able to apply for an extension (189(i) is not met because 186(vi) fails).