ILR refused (10 year residency) - URGENT - over absences

[raj5555]

Hi guys

i applied for 10 year long residency based ILR via premium appointment and it got refused 10 days ago. the application was in discretion as i have broken both the continuous residency requirements - over 180 days in one go and 648 days absences in total. I did have compassionate reasons (litigation matter in home country) and had to wait for TB test results for 9 weeks due to my medical history (twice in 10 years) which added 112 days to the total.

i understand the case worker has the right to apply their discretion but i supplied all the evidences including my medical records, legal papers etc. and also my partners ILR approval but the refusal was still based on ties with home country and caseworker not convinced with my situation, although the fact is that i couldnt apply for a UK visa until i had my TB test results hence i had to wait for 3 months (twice) inorder to get the UK and comply with the home office rules.

my lawyer says i should re-apply as appeal could be rejected based on my case not being met lawfully. Other lawyers i have consulted say i should appeal as a judge could understand my situation better.

can anyone share their experience and advise what could be a better next step? my right to appeal end on thursday next week so i need to make a decision by tuesday max.

thanks for you help.!

Raj

[noajthan]

No need for multiple posts.
Continue in original topic.