ILR Refusal and Admin Review Case - Help

[nooraslam]

Hi everyone. My family and I need URGENT help on this topic please. I recently got refused from ILR Tier 1 (same day application result) on basis of the absences being more than 180 days (the limit). I have a right to submit an admin review, my question is whether I can submit a new fresh application or do I have to submit an admin review?? Can someone please suggest the most suitable thing to do in our situation, our case has no other flaws except the absences; our taxes, salaries and everything else is fine.
My main questions are:
- Can I submit a new, fresh application after being refused or do I have to submit an admin review?
- What is the best thing to do overall considering my scenario?
- Is there anyone else who was in a similar situation? What are the chances of success in an admin review?
- How long does it take to be reviewed?
Thank you so much in advance, please respond quickly as this is very crucial.

[noajthan]

How many days over limit?
Reason for absence over limit?

Any evidence of HO malpractice, caseworker error or omission in the handling of your case?

[nooraslam]

How many days over limit?
Reason for absence over limit?

Any evidence of HO malpractice, caseworker error or omission in the handling of your case?

I am 42 days over limit. My reason for the absences were business visits, family visits and I had to stay back for longer than intended because of my health and was not allowed to fly, advised by my doctor. I believe my lawyer failed to count the absences accurately because when he made the case the days were below 180. He mishandled the case and didnt count the days backwards like Home Office do.

[noajthan]

How many days over limit?
Reason for absence over limit?

Any evidence of HO malpractice, caseworker error or omission in the handling of your case?

I am 42 days over limit. My reason for the absences were business visits, family visits and I had to stay back for longer than intended because of my health and was not allowed to fly, advised by my doctor. I believe my lawyer failed to count the absences accurately because when he made the case the days were below 180. He mishandled the case and didnt count the days backwards like Home Office do.

Most unfortunate but solicitor error is not a grounds for successful AR.
You would have to follow up on that question of incompetence with appropriate legal authorities.

Its not apparent that HO has made any administrative errors here.

I'm not sure the other reasons are compelling, certainly not the business/family visits.

You can dig into the vital question of exceptional cases in HO guidance here:
https://www.gov.uk/government/uploads/s ... ds-v13.pdf

[Lancer2016]

I was away from the UK for 9 months in a row but my lawyer was damm good he split it in two years as my visa was issued in april hence counting backwards the absence was split in 2 years so it was anot raised as an objection by the HO caseworker

AR is a waste of time please get a good lawyer and re-apply but make sure the split is spread between two years by counting backwards

[bond_009]

Hi nooraslam,

can you please confirm, if your were outside for more that 180 days in 5 years or just in 1 year?

what's your current status?

Regards
Bond