ILR 5 Years refused. Need Help

[shah2608]

Dear Esteemed Memebrs,

I am here to seek out help for my very dear friend. My friend applied for ILR 5 years basis and he spent total of 183 days outside of UK because he had an accident while on holidays back home in pakistan and was not fit to travel. He submitted his application for ILR 5 years basis and also attached genuine medical certificate and doctors note. He fulfilled rest all of the requirements. His ILR got refused and case worker stated that the senior worker doesnt find the medical certificate to be 'Suitable' and therefore wont exercise his discretion on compassionate grounds for 183 days (well HO stated 185 days in letter rather than 183) he stayed outside UK. He has been given the option of Admin review but no appeal.

His 10 years are completing in May 2017. He is very worried and asked my help as i am on 10 year ILR but i have no clue of 5 year ILR and the only thing i could think of was this forum.

What options does he have to complete his 10 years and then apply for 10 year ILR ?

He has been to different solicitors and they have been telling him different things. His accident was genuine and i can imagine when it comes to country like pakistan, HO does go on back foot but its also affecting genuine cases like my friend. His medical certificate has all the contact numbers and address that can be verified but even then i dont know what does 'not suitable' means here? is it like , we dont find it to be genuine certificate but also , we find it genuine ?

Could you please advise what should he do? Should he apply for admin review or should he go for FLR HRO (as suggested by one solicitor)?

my best regards to you all.

[vinny]

Try AR first. Perhaps a different caseworker may apply discretion.

An application under Long residence faces the same issues.

However, if he has sufficient leave to reapply under the 5-year route, then can he choose his application date to break his absence into two consecutive years, thereby maintaining continuous period in the UK?

[shah2608]

Try AR first. Perhaps a different caseworker may apply discretion.

An application under Long residence faces the same issues.

However, if he has sufficient leave to reapply under the 5-year route, then can he choose his application date to break his absence into two consecutive years, thereby maintaining continuous period in the UK?

Thanks @vinny. You are absolutely right about application under LR. I just got off phone with him and since i am on 10 year ILR, i asked him the same question about breaking his absence into two consecutive years but he said that he has that absence in one go (183 days without break) and as far as i am aware even for 10 year ILR, he will face same problem as there is no break (if my info is correct). His only way out is the medical certificate which he has proving his genuine absence but seems like its not going in his way right now.

I did tell him to apply for AR as his accident was genuine and all the info is verifiable so the decision might change but some solicitor told him that once it goes to AR, HO will still uphold their decision (which i know is not true).

what option will he have if AR is refused as well ?

[vinny]

Thanks @vinny. You are absolutely right about application under LR. I just got off phone with him and since i am on 10 year ILR, i asked him the same question about breaking his absence into two consecutive years but he said that he has that absence in one go (183 days without break) and as far as i am aware even for 10 year ILR, he will face same problem as there is no break (if my info is correct). His only way out is the medical certificate which he has proving his genuine absence but seems like its not going in his way right now.

I think so.