ILR Refusal - Extended Abscence

[bart2906]

Hi,

I applied for ILR at Croydon PEO on 5 August 2011. They were not able to process the application on the day because of an abscence of 197 days...it was business related. During the time it took them to process my application, my Tier1(HSMP JR) visa expired on 25 August 2011. I finally received my application back on 15 September stating that it had been refused, with the option to appeal or leave within 28 days.

My question is, can I still apply for another extension of my Tier1 visa? Would it have stated that I had this option in the refusal letter?

I am also meeting with a immigration lawyer this week to decide what to do about an appeal, but I'm trying to figure out if I can actually apply for an extension as a second option.

Any help will be greatly appreciated.

[mulderpf]

How is the absence of 197 days made up? What was the longest that you were out of the country at one time?

[bart2906]

The 197 days was made up of 1 trip

[mulderpf]

Sorry, I misread the initial question and thought it was about the absence rather than being able to extend your visa. I am not sure whether you can extend.

With regard to your ILR application, this will be an almost impossible fight due to the long absence. Your overseas trip is simply just much more than allowed even in discretionary cases (discretionary cases allow up to 3 months in a single trip and 6 months in total - under EXCEPTIONAL circumstances). Your trip was longer than 6 months which basically reset your ILR clock.

I suggest you follow up on the extension route. Other will have to advise you on that as I'm not sure.