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Hi

I was refused ILR (10 year residence) last Oct 2011 as I had more than 18 months worth of absences, 26 to be exact. I met all the other criteria.

A big reason for this was between 2007-2010 I was spending 4 months a year (12.5 months in total) in Paris to take care of my mother who was chronically ill (cancer) and receiving specialist treatment there. So any opportunity I could get i would go away and provide hands on and moral support. I have medical records etc to back this up.

I am now thinking about asking the UKBA to reconsider their refusal (via a lawyer) as they should have exercised discretion on compassionate grounds.

I am just looking for some advice on how to go about it and if anybody knows how accommodating the UKBA are of such requests for reconsideration on compassionate grounds? Thanks

You can try, but there is no precedence, guidance, case law or anything else that could help you.

You do not "apply" for reconsideration. You "request" reconsideration. They are by no means bound to entertain your request of reconsideration. In a nutshell, they can put your reconsideration request in the bin without even reading it, and there is nothing you will be able to do about it.

18 months absence will never be disregarded. Now you can go and waste your money trying various things. In the end, you will be...........where you are now.

I understand that all that, but as long as the UKBA have a history of accommodating such request for reconsideration on compassionate grounds I will must certainly try. That is why I was asking if anybody has had any experience on this and any advice on how to go about it?

I also read on one of these posts that if the UKBA do not respond to your request that a Judicial review may be requested which usually prompts them into action. Any advice on this?

Money is not the issue here as I am entitled to legal aid.

Thanks

hendrickache wrote:I understand that all that, but as long as the UKBA have a history of accommodating such request for reconsideration on compassionate grounds I will must certainly try. That is why I was asking if anybody has had any experience on this and any advice on how to go about it?

I also read on one of these posts that if the UKBA do not respond to your request that a Judicial review may be requested which usually prompts them into action. Any advice on this?

Money is not the issue here as I am entitled to legal aid.

Thanks

Why not hendrick, i believe you've got a genuine compassionate case. Give it your best shot and good luck !!!