Post
by Amber » Sun Feb 23, 2014 11:10 pm
There is always discretion, the caseworker should look at the circumstances and any mitigating factors and your intentions. That could be, if you applied for EC within 180 days, were refused and subsequently appealed and were successful, as in your case. This would be stronger if, over the last 10 years, total absences were <540 days. If you failed and had the right of appeal, you may be granted leave under private life. It would be a risk and you should expect to lose the fee. You'd have to ask them to apply discretion explaining your intention was always to come back within 180 days etc...
**this forum is not intended to be a substitute for professional advice**
Click
here to send me a PM regarding an offensive post.
Do NOT PM me for immigration advice.