SET (LR) refused - Help

[naval1234]

Hi All,

I would really appreciate your urgent help in this case.

One of my friends had his 10 year Long residence ILR application refused at Cardiff PEO appointment.

The reason stated is as below.

"In section D3 of the application form you were required to submit a full list of absences from the United Kingdom. You completed this section and the list of absences totaled 404 days.

However , you included one absence as follows:

27/03/2014 to 23/12/2014 - Business Trip - USA

This absence alone is for a total of 270 consecutive days. 6 months would be considered as 180 days.
You provided an employer's letter dated 10 August 2017 confirming this absence was for business reasons.
Careful consideration has been given as to whether discretion should be applied, and it is considered that it would not be appropriate in this case.
For the reason outlined above your application for indefinite leave to remain on the grounds of Long residence is refused as you have failed to meet the requirements of the Immigration Rules under Paragraph 276D with reference to Paragraph 276A(a) and 276B(i)(a) of the Immigration Rules."

Q1: Should my friend apply again using the 5 year Tier 2 general route (he is eligible for it as well) to bypass the business trip?

Q2: (general question) If the business trip is less then 180 days, lets say 85 days is the person still eligible in both categories, ie Set O and Set LR

[CR001]

Q1: Should my friend apply again using the 5 year Tier 2 general route (he is eligible for it as well) to bypass the business trip?

Yes, provided he can split the absence into two different 12 month cycles, calculated counting backwards from date of application. He will have to pay the ILR fee again.

Q2: (general question) If the business trip is less then 180 days, lets say 85 days is the person still eligible in both categories, ie Set O and Set LR

Yes, but he can't change that fact now can he.

[naval1234]

Hi CR001,

He can split the holidays up no problem. His Tier 2 is valid until October 2018.

This is exactly why this website is so good.

Really appreciate your advice on this !

Regards