APPEAL RIGHTS TEN YR RULE

[William Blake]

I couldn’t get a reply to this question in the thread so I have posted a new thread here

Just confused about something:

I read on this thread "Anyone had their ILR rejected for time spent outside UK?"

http://www.immigrationboards.com/viewto ... &start=140

that a person refused ILR - in that case it was under the ten year rule – will only get a right of appeal if the refusal results in them having no leave to remain. That is to say if I understand this correctly that if the person applies for ILR but get a refusal while their visa is still valid there will not be a right of appeal.

However a solicitor I spoke to informed me “Your right of appeal maybe limited to a reconsideration under section 88 of the NIA Act 2002 but at the same time apparently the caseworker has the discretion to decide on appeal rights if refused. This actually sounds absurd that an individual decides on this but this is what I’ve been informed by BIA and the AIT.â€

[vinny]

See also 82 Right of appeal: general and 88 Ineligibility.

[William Blake]

Yeah seems to be saying that the only option as long as a valid visa remains is to apply for reconsideration - no right to appeal. So the solicitors words above then are not true ?