ILR refusal - Urgent Help needed

[kazimhzaidi]

Hi,
I applied for ILR on the basis of long residency but got refusal letter mentioning reason that I was out of the UK for 269 days in one go, rest of my things are all right.
I mentioned it in application form that I was out of the country to attend brother's marriage and than had to stay there due to death of my father in law and mother in law but didn't send any documented proof of this with my application.
Now Home Office is saying that they can give me FLR for 30 months and want me to pay £500 for Health Surcharge within 10 days otherwise my application will be invalid, but can't grant me ILR.

Question:
Can I appeal against this decision because I have proves of my brother's marriage and death certificate of my Father in Law. And should I pay Health Surcharge first or can I appeal without paying health surcharge?

Thanks
Sam

[Casa]

Even with the evidence, The Home Office may well take the view that over 9 months outside of the UK for a wedding and the death of your father-in-law may be excessive.

[Zee ali]

Hi,
I applied for ILR on the basis of long residency but got refusal letter mentioning reason that I was out of the UK for 269 days in one go, rest of my things are all right.
I mentioned it in application form that I was out of the country to attend brother's marriage and than had to stay there due to death of my father in law and mother in law but didn't send any documented proof of this with my application.
Now Home Office is saying that they can give me FLR for 30 months and want me to pay £500 for Health Surcharge within 10 days otherwise my application will be invalid, but can't grant me ILR.

Question:
Can I appeal against this decision because I have proves of my brother's marriage and death certificate of my Father in Law. And should I pay Health Surcharge first or can I appeal without paying health surcharge?

Thanks
Sam

U r lucky they r giving u 30 months flr. If let say u go for appeal and that also refuse than they will give u nothing. A bird in hand is better than two in the bush.

Agree with @casa 269 days are very excessive

[kazimhzaidi]

Thanks for your responses.
But what if I pay £500 for Health Surcharge and appeal as well.
I went in July 2006, Wedding was in August, Father in Law expired in October, Mother in Law expired in December, my son was very ill after that and I came back in March 2007. I have documented evidences of all happenings.

Waiting for your reply.
Thanks

[Zee ali]

Thanks for your responses.
But what if I pay £500 for Health Surcharge and appeal as well.
I went in July 2006, Wedding was in August, Father in Law expired in October, Mother in Law expired in December, my son was very ill after that and I came back in March 2007. I have documented evidences of all happenings.

Waiting for your reply.
Thanks

Accept their offer and get 30 months visa. U can apply for ILR (10 years basis) from march 2017.

HO didn't accept your reasons and i am sure that court will also go with HO. As its a discretion of sectary of state to grant ilr or not if u exceeds from 180 days in a go.

[kazimhzaidi]

Thanks for Ur response again.
Just last question:

I have paid £1500 for SET(LR) and they are giving me FLR for which fess is £649.
What should I do in this case?

[Zee ali]

Thanks for Ur response again.
Just last question:

I have paid £1500 for SET(LR) and they are giving me FLR for which fess is £649.
What should I do in this case?

Think other way. You applied set lr and it was refused. Now They offer u to give u 30 months. (which is i think a big favor to u). They just want u to pay health surcharge. They r not asking for 649 pound fees.

[Ditima98]

I concur with Zee Ali, indeed, 'a bird in hand is better than two in the Amazon'! Actually consider yourself very lucky that who ever your case worker was, he/she was being very considerate to offer you 30 months because others would have said a big no and asked that you pack and go despite all your valid absence reasons.

Take the opportunity with both hands and look ahead to re-applying in 2017. If you forsake this offer you may end up losing all and regretting for the rest of your days............

[Casa]

I agree.

[kazimhzaidi]

Thanks for Ur kind advices

I call a very well know solicitor in London as well, he said firstly pay £500 for Health Surchage and secure 30 months FLR and than you will have 2 choices whether you can appeal against the ILR refusal or you can write a letter to HO to get back your £850 because you have paid £1500 for ILR but they are considering your case in category of FLR(LR) for which fees is £649.

[Zee ali]

Thanks for Ur kind advices

I call a very well know solicitor in London as well, he said firstly pay £500 for Health Surchage and secure 30 months FLR and than you will have 2 choices whether you can appeal against the ILR refusal or you can write a letter to HO to get back your £850 because you have paid £1500 for ILR but they are considering your case in category of FLR(LR) for which fees is £649.

That solicitor is absolutely wrong in my view. HO can only consider flr lr when u dont have LIUK or English language test. 2nd thing flr lr normally issue for 2 years not 30 months.

Caseworker might considering u under Article 8 Private life. I again emphasis u r very very lucky and should salute to that caseworker who offered u this. Now if i am in your shoe i will forget £1500 and pay £500 health surcharge and get the 30 months visa.

U can try for refund but its highly likely they will not give u anything back.