ILR refused need help for deciding next action

[Ranjit_77]

Hi,
I applied for an ILR in Aug 5th and got result last week that it's refused. The reason is that I had a gap of 55 days between the VISA extension so they are not counting it as a continuous period, 28 days is allowed. I am planning for an appeal with further evidence for the supporting reason towards the gap period.

2009 - 2011 July 24
Gap of 55 days for new VISA
Oct 2011 - till date

I am looking for this info, plz help :

1) If I apply for appeal now and let say i get the appeal date after 3 months, will these 3 months be counted towards my cooling period in case appeal is also rejected ? as my VISA will expire on 6th Nov.
2) Will I be allowed to work based on that appeal.
3) Can I travel to my home country in case of any emergency ?

Regards,
Ranjit

[Manka10]

What is the reason for this gap and what evidence are you presenting to support your case?
You will be covered during the appeal process and will be eligible to work but will not be able to leave the country once your visa expires.

[lalo]

@Ranjit_77

sorry to hear about your refusal.

as my understanding your visa refused for ILR application and Home office gave you appeal right but you still have vise till 6th of November. some of my friends told me if you have valid visa home office never give appeal right.
might m wrong please senior put some light on it.

Please can you post detail of your Immigration History.
what was the reason of GAP.???

Thanks

[Ranjit_77]

You are all right, it's administrative review and not appeal. Sorry I was not aware of this, so thought both were same but it's not. So will this administrative review going to help ?

The gap reason was lost degree certificates during transit which took me time to get back replacement ones from my university. I don't have any documented evidence to support earlier but now managed to get the old application letters. So shall i provide this in administrative review or shall i apply for new ILR with these new supporting documents ?

Regards,
Ranjit

[Ranjit_77]

Hi,
My ILR application was refused for GAP period. Below is the immigration history.

16th July 2009 - VISA start date
travel to UK : 30 July 2009

travel back from UK : 1 July 2011
Visa valid till : 24 th July 2011

COS start date : 15th Oct
New VISA : 1st Nov 2011
Travel : 15th Nov 2011
in UK till now.
Visa valid till 6th Nov.

The gap in 2011 I had limited supporting documents but now as my spouse is going back so I am hopeful that i can get hold of the old applications. So shall I raise a new ILR request with this supporting evidence or can i present this in administrative review ?

Regards,
Ranjit

[CR001]

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[Manka10]

I don't think the admin review is going to help much as HO is correct in refusing your application for more than 28 days overstay.
You will need a strong argument to help your application explaining the gap. Better to apply again with supporting docs as by the time AR is done, your LTR will expire so save that time and start over again.

Goodluck