10 year ILR refused - help needed!!

[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 18 months out of the UK over my 10 year stay in the UK (from August 2001- August 2011) with my absences totalling 24.6 months. I met all other criterias.

I first entered the UK as a young student when I was 13 to complete secondary school. I then spent 4 years completing my undergrad, obtained a 2 year post-study work visa and worked for one year and now I am back in school to complete my masters. I have leave to remain till September 2012.

During my time as a student particularly in secondary school I would always go away most summer, Christmas and Easter holidays to visit family. During my undergrad my mum who resided in Paris was suffering from cancer so I would visit her at every opportunity to provide moral and hands on support. All in all i would be absent for approximately 3 months every year and never once thought of the consequences this will have on my eligibility to apply for ILR.

I have spent my formative years here in this country and consider it my home. All my friends and professional acquaintances are here, my girlfriend is here, my dreams and aspirations are here... I just find it very difficult contemplating leaving if i don't manage to get an extension by September.

I would really appreciate it if you could provide some advice on what legal steps I can take from here? Is this criteria of not having spent 18 months outside the UK flexible on a case-by-case basis?

In the refusal letter they said that as I still have right to remain in the UK till Sept 2012 I am not entitled to appeal the refusal - any advice on this?

[vinny]

Please continue in your previous topic.