10 years residence ILR was refused

I recently applied for ILR based upon 10 years lawful stay in the UK. My application was refused as they noted that I have two gaps in my continous lawful stay:

31/10/2003 - 04/11/2003
02/11/2009 - 17/11/2009

The second gap, however, is not a break in my continuous residence due to the following: On 15/10/2009 I left the UK with a valid visa. Whilst in China, on 19/10/2009 I applied for a new visa. This visa was granted and valid from 10/11/2009. On 17/11/2009 I returned to the UK using my new valid visa. According to 2.3.4 and 2.3.10 in the Immigration Directorates' Instructions on Long Residence I have not broken my continuous stay in the UK during this period.

I have passport stamps and airline e-tickets to prove that I was in China during this period and furthermore on 19/10/2009 whilst applying for my visa in Shanghai, I was required to submit my fingerprints for Biometric Information.

This means that during my 10 years continuous stay in the UK I have one gap of 4 days. According to 2.3.3 of Immigration Directorates' Instructions on Long Residence it is encouraged to provide discretion in this case.

My refusal letter states that I have no right of appeal as my current visa does not expire for another year. Is there anything that can be done?

Ask for a reconsideration.

Submit proof that you were not in the UK for the period between 16/10/2009 - 16/11/2009.

I have two credit card bankstaments showing my transaction in china during that period. And also, my passport has stamps by customs in china when I arrived and left shanghai.

vinny wrote:Ask for a reconsideration.

Submit proof that you were not in the UK for the period between 16/10/2009 - 16/11/2009.

What's the chance they would agree to review my case? will they ignore my letter

Can you pls give me some advise to write this letter to get HO to review my case? thx a lot

Point out that their decision to refuse was contrary to their instructions.