Recent refusal on complex 10 year route ILR case 07/2016

[fairyunreal2016]

Dear all

I am writing this post in hoping to share my experience & also hope if anyone has any suggestions to help me, would be deeply appreciated.

I came to UK in June 2002 as a student, and studied in school for 7 years. I then studied in the university doing medicine, with one year of master in between, which was 6 years. My current tier 4 BRP ends in September 2017. I now have done 1 year of junior doctor & applied ILR in March 2016. I have been in the UK for 14 years and the total number of days out of UK is 686 days since 2006. However, in my application, I argued due to family illness started in 2012, I had to go back to my original country. The Home Office rejected me as they counted the number of days I went home when the illness started, which was 98 days. After the deduction, I was still 588 days over.

Secondly, I also argued that over half of my life has been in the UK and with the profession that I study, where if I went back home, I would have to take the local medical license exam & try to practice professionally in a language where I have not used frequently, would be very difficult for me. The Home Office rejected me by saying that under private life rule, I was not under 25 years old when I applied ( I am 26 years old at the moment). Plus, I went back home on 18 occasions since 2002, and they believe that is adequate enough for adjustment.

The other unfortunate side of thing is that I have national service in my home country, and I have not complete it yet. My home passport has expired during the application process. Although I have sent the passport away for renewal after I received my ILR refusal, I am afraid there is the possibility where I may not get one.

I am currently planning on appeal & argue that: 1. the number of days they counted was wrong as I went back home for elective placement, which was extra 44 days that should be counted as the sole reason why I went back is to be close to my family. Also, my wife is not English and I had to go back home to get married. We feel those 10 days that I went back for the marriage should be deducted. 2. Give my personal explanation on the court regards to the difficulty of developing a professional medical career back home in a language where I cannot speak professionally, and trying to learn the medical terminology in a language where I only finished at primary school level.

I wonder if anyone had ever heard similar case to mine & can give me some opinions on your thought to my case. Thanks guys.