ILR refusal based on 5 year qualifying period

[aars4]

I have applied for ILR along with my spouse and two children after completing 5 years as HSMP/Tier1. I filed my application in March last year and received a refusal letter on 17 January with deadline for appeal as 29 January 2014. The home office refused my application because I did not meet the qualifying period criteria. I came to UK 95 days after my visa got stamped (5 days after the 90 day period). The reason for delay is the medical condition of my wife which barred her from travel and submitted a medical certificate to support the application. Home office rejected my application based on the fact that they don't consider it as a valid reason for delay.

I will appreciate suggestions on how to proceed further

I am planning go against the decision and filing an appeal. I will appreciate if someone can suggest me of the likelihood of appeal being accepted or rejected. I was short by 5 days at the time of application but now i am in UK for more than 5 and half years.

The other option is to file a new application which I believe I can during this appeal period.

Please suggest me the best way forward. I really appreciate your help.

Thanks

[vinny]

You cannot make another application while you have a pending appeal.

However, if you qualified on the date of the decision of a valid in-time application (even when you applied too early), then under caselaw, you should also succeed with the appeals (appeal for everyone in the family).

[UKBALoveStory]

You cannot make another application while you have a pending appeal.

However, if you qualified on the date of the decision of a valid in-time application (even when you applied too early), then under caselaw, you should also succeed with the appeals (appeal for everyone in the family).

So the key question here is, what is the decision date? if you qualify on the decision date then there is a very high chance that your appeal will be successful.

[vinny]

I think it's the date that the application was refused.

[amarveda]

I wonder why they refuse if it is after 90 days initial start.
Nowhere it is mentioned. They dont refuse if we take a 90 day continuous break in the intermediate years.. isnt it?

[aars4]

Thanks for all your comments. The date of decision as mentioned in the letter is 20 December 2013. I came to UK ON 22 June 2008 and it would be roughly 5 years and 6 months when they made a decision.

Looking at it bit pessimistic, what chances are there that the appeal is rejected. I will also appreciate what option do I have in case I am not successful with the apeal.

Thanks for all your help.

Shahid

[UKBALoveStory]

Thanks for all your comments. The date of decision as mentioned in the letter is 20 December 2013. I came to UK ON 22 June 2008 and it would be roughly 5 years and 6 months when they made a decision.

Looking at it bit pessimistic, what chances are there that the appeal is rejected. I will also appreciate what option do I have in case I am not successful with the apeal.

Thanks for all your help.

Shahid

IMO, you have a very high chances of appeal approval.

[cruzez]

Very sorry to hear your refusal and they took more than 9 months to process your application.

I would suggest you read carefully all the rules set by Home office at the time of your application and make a note of everything so that you can argue during your appeal. Plus try to consult good immigration lawyer (you dont have to apply through lawyer) but with some fee they should be able to help you what you should do next.

[aars4]

Thanks again for all your suggestions. I am filing the appeal in next couple of days and hopefully get the decision in my favour.

I will appreciate if someone can let me know what options will I have in case my appeal is rejected.