ILR Refused (Tier 1 General visa)

[seshy]

I am currently on a Tier 1 General visa and applied for ILR in April this year and was refused for the following reasons:

1) Being overseas for 177 days for pregnancy related issues
2) That my company earnings cannot be accepted as my company is its own individual entity and I am therefore not considered to be self employed. Also, that the points based assessment rules differ between an application for leave to remain as Tier 1 applicant vs Indefinite Leave to remain.

I submitted an application for admin review which was again unsuccessful.

I have since lodged a complaint to the UKHO quoting the following documents which provides very clear guidance and instructions on how the above ought to be treated:
- Indefinite leave to remain: calculating continuous period in UK. Version 15.0 (page 24)
- Immigration Directorate Instructions (page 21)
- Immigration Rules - there is only one points based assessment mentioned, not two!

It seems my particular caseworker is bent on making things difficult for people who have paid their dues (substantial sums involved!) to be here just for the fun of it?!

I will keep all posted on the results.

Thanks
Shyann

[brent123]

sorry to hear that. Did you apply on same day service or by post? for the 177 days absence, it is still within the 180 days limit. what is the original script on this ground?