Indefinite Leave to Remain Refusal Appeal

[kimchi92]

Hello guys, I'd super duper appreciate your advice on my situation

I applied for Indefinite Leave to Remain based on 10 years continuous residence in 2016.
I applied for the 10 years period between 2004-2014, since there is a clause which states that I may apply "based on 10 years of continuous residence built up in the past."

I had to do this since I left the UK for erasmus exchange for one year 2014-2015; and thus broke my continuous residence.

REASON FOR REJECTION:

I had left the UK for a total of 551 days during the 10 year period instead of 540.

I asked for discretion, since my grandfather's funeral in January 2009 did in fact delay my flight and prolong my stay in South Korea. I was told by the caseworker that (whoever is in charge) had declined my request for discretion on the grounds that :

1) I had a pattern of returning to Korea over the winter holidays and therefore this particular trip cannot be seen as particularly out of the ordinary. In other words, 'you were going to go anyways' although I was in fact not planning to due to my upcoming GCSE exams.

2) Even if that were the case, you had time after 2009 to limit your days outside the UK under 540 days , which you did not do.

________

At first, I decided to appeal this case and filed for an appeal. I was told that I cannot leave the UK during the appeal which might take 1 year. I had an offer for a master's program in Europe and could not afford the offer from LSE to stay in England to pursue the appeal. I decided to cancel the appeal and am currently undertaking my master's in various cities in Europe.

However, I would very much like to appeal this decision IF POSSIBLE.

Regards to this I have several questions:

1. Can I appeal at all? I was told that I might have to reapply, get rejected again, and then appeal. Does the fact that I cancelled the appeal in any way disadvantage or forfeit my chances of appeal?

2. Must I obtain a UK visa in order to stay in the UK while I appeal? For instance on a student visa for PhD?

3. Do you think I have a chance to win the appeal?

I would very much appreciate your advice.

Thank you very much in advance.

[zimba]

There are no more right to appeal. You can only apply for appeal if given such right the refusal letter.

[Obie]

Refusal of ILR (Long Residence) is usually treated as a refusal of Human Right claim and a right of appeal is usually given unless the claim is certified as clearly unfounded.