ILR Refused Tier 1 General

[CoolMJP]

Hi everyone. I had applied for ILR - Tier 1 general on 28th July 2017. My application was refused on the 12th November 2017 for the sole reason being absences. I have not been out of the UK for more than 180 in any 12 month period in the 5 years. In 2013 I was away to India for 42 days continuously. I am a Director in a company but did not provide a letter from the company for this absence but mentioned this in List of absences in the application. The refusal is only based on the absence of these 42 days. I applied for Administrative Review on 20th November and got a reply of 18th December stating that the Administrative Review is unsuccessful. Please advice if Home office decision is correct and lawful?
Thanks

[makky86]

Hi everyone. I had applied for ILR - Tier 1 general on 28th July 2017. My application was refused on the 12th November 2017 for the sole reason being absences. I have not been out of the UK for more than 180 in any 12 month period in the 5 years. In 2013 I was away to India for 42 days continuously. I am a Director in a company but did not provide a letter from the company for this absence but mentioned this in List of absences in the application. The refusal is only based on the absence of these 42 days. I applied for Administrative Review on 20th November and got a reply of 18th December stating that the Administrative Review is unsuccessful. Please advice if Home office decision is correct and lawful?
Thanks

You are supposed to provide the letter for all the absenses out of the UK. Just listing down absesnes in the application form is not enough.

I am not sure why you applied for AR as its clearly your mistake not CW's.

You should be able to apply again within 14 days but provide the absense letter this time.

[brent123]

Can you be more specific on the case? What does the original letter says?

Are you on a limited company during the absence? In the SET (O) application form, there is a list for you to fill in the absence details with reason. What did you fill in the absence reason?

[brightmsfstar]

There is no point in applying again. The only way is now Judicial review. As they will refuse again. You need a good solicitor to fight your case.

You need a solid reason for being absent if you want to apply again. Its totally, illogical approach of Home-Office.

Home-Office is refusing all applications without logical reasons.

[vinny]

In 2013 I was away to India for 42 days continuously. I am a Director in a company but did not provide a letter from the company for this absence but mentioned this in List of absences in the application.

They require Specified documents. Section 6.3 of SET(O) form requested these documents.

[vinny]

Not sure whether the caseworker was right or wrong in not requesting the missing documents.

You must explain fully in the decision letter why no request for further information has been made.

Did the caseworker explain fully?

[brightmsfstar]

There is no need for a solid reason. You are having a limited company and 100 % shareholder as well as sole trader.

HO have instructions to refuse all applications. It seems like that.

Challenge it in the court and claim the fee as well.

[CoolMJP]

Thank you everyone for your replies. Just to update you. PAP sent in December which was unsuccessful. Judicial review has been filed. Hope everything goes fine.