ILR Refused due to absences and appeal

[Prayas]

Hi
I applied for ILR (2 yrs work permit + 3 yrs Tier 1) but refused because of long absences. When I was under work permit, I had to stay overseas and spent about 300 days outwith UK in the first year. I applied ILR in june 2012 and got the refusal decision recently in December 2012.

I decided to go for an appeal. But I would like to be clear about two things:
1) Since there have been changes in rules for absences in December 2012, which rule does apply in my case as I applied in July 2013? Old or new rules?

2) If they can use old rules, can't they apply discretion in my case as the absences were entirely for business?

Thanks for your suggestions.

Prayas

[Lucapooka]

You can apply again citing the new guidance and perhaps you could even appeal on that basis aslo. However, 300 days absences in one year is still outside the scope of the new guidance, so that is not something you will be able to overcome.

[Prayas]

Thanks for the response.

Yes I think the new guidline also doesnt overcome my problem. Instead, my point is, I applied when old rules were in force where they can exercise discretion - so can i appeal to apply old rules and use the discretion?

Prayad

[Ilr180]

Hi Prayas

I am in a similar situation althought I haven't applied yet. I completed all the documents and paperwork from the company for my long absences due to work but couldn't apply due to new rules.

I also asked the gurus here for their opinion:

http://www.immigrationboards.com/viewto ... highlight=

Don't really know what to do.

[xpscapable]

It's probably easier to extend your Tier 1 (G) one last time and apply when next year when the 300 days away from UK no longer in your 5 years qualifying period.

There's nothing stopping you to perpetually extend Tier 1 (G) if you want to.

[mulderpf]

Thanks for the response.

Yes I think the new guidline also doesnt overcome my problem. Instead, my point is, I applied when old rules were in force where they can exercise discretion - so can i appeal to apply old rules and use the discretion?

Prayad

Even under the old rules, this number of days was excessive (it's a month and a half short of a year!!). You are unlikely to succeed.