Options? ILR refusal appeal and/or Tier 1 General extension

[Koshis]

Hi

I am bit confused here what will be the proper action after my ILR refusal.

My ILR has been refused and right to appeal is granted. Application of ILR was based on the combination of work permit (2 years) and Tier 1 General (3 years).

When I consulted the professionals, some say you can just go for Tier 1 general extension if you are ready for application (you should choose either appeal or extension; and extension seems more reliable one); while others say appeal is the base where you should start from (and also you can lodge the extension application simultaneously).

I would go for extension, but my visa has already expired before ILR decision and not sure if there will be right to work if I just send application for extension. Can they reject this application since all of my documents are already in home office now and will not be attached with this application (except bank statements)?

Any ideas would be appreciated.

Koshis

[wpilr_nov12]

What are/were your visa validity dates? What reasons for refusal?

[Koshis]

I applied in june 12; Tier 1 g visa was valid until sept 12.

The reason for refusal- long absence in the UK

Cheers

[Bildor]

@Koshis,

Really sorry to hear about your refusal.

To get the best advice however, you will need to give a lot more information.

You need to list visa types you have held as well as dates the visas were granted.
You also need to let us know how many days you have been absent in the UK.

With these information, hopefully some of the senior members will be able to assist with regards to how best to deal with your situation.

wish you all the best.

[cs95tdg]

Koshis, a few additional questions:

1) have you been given the right of appeal (i.e. in your refussal letter)? I believe you would have been, as your current leave to remain has expired.
2) When did you receive the decision? You are usually given 28 days for an appeal from the decision date.
3) Have you looked at the latest immigration rules and the changes related to absences? If not, do this to determine whether the absences you have are no longer above the allowed threshold.

I presume yours was a postal application. Therefore I'd be interested to know, when the decision to refuse was made (date), i.e. before or after the 13th Dec 2012? If it was after this date, then you would be allowed 180 days absences within the consecutive 12 month periods during your 5 year residence counting back from your ILR application date.