UKBA forcing 10 years route on me after completing 5 years

[vinny]

Well, a caseworker may grant 30 months plus discretion up to 28 days extra when applicants applied too early.

In your reconsideration request, you could point out that

1. The caseworker of your second FLR(M) application forgot use discretion to grant you an extra 28 days, making 30 months plus 28 days.
2. The caseworker of your SET(M) application should have let you varied your application to the five-year FLR(M) route.

Putting you on the ten-year route when you qualified under the five-year route was disproportionate and unreasonable, given the caseworker's error in 1.

[ddoks]

Your second point was stated in the reconsideration request sent by the solicitor, but they ignored it. They ignored all the reconsideration representation requests so far.

Are you suggesting we try again?

Or try the judicial review instead, which I may not qualify since it's over 3 months?

[vinny]

Try complaining about their lack of response?

[ddoks]

Thanks, I will try the complains route - stating the omission of the extant leave. I will keep you posted.

Failing that, what is your thought on the 49 days gap and the Judicial review options?

[vinny]

If they refuse your reconsideration request, then would a JR immediately after that refusal be considered as in-time?