ILR refusal but wrong reference number ?

[SZhang11]

Hi everyone, as the title shows I need some serious help.

So back last year I applied for ILR with days above the 548 limits, which I have been rejected even though I did provide reason, but they don't think its compassionate enough.

With the rules changed on 11 Apr 2024, which states that the ILR has eliminated the 548 days limit if the qualifying period ends after 11 APR 2024.

It also states that Applicant's date which will be counted back from the relavant date, and such that you can no longer rely on historic 10-year period.

Fast foward to now, I have submitted my biometric at 08/05/2025, which is after the 11 Apr. As i paid for super priority, I got a email today saying that it has again exceeded the 548 days therefore it has failed.

I have went online and there are people telling me that, the qualifying period which is when you period started, for me which is when I first entered the UK.

But this makes no sense, becuase if anyone who has exceed 548 days for the first 10 year of staying here, which basically means that, they cannot get it, forever. Unless they break the continous residence.

I am basically both in great shock and confusion now, because I don't know what to do. For some reason, that email which was send to me, did not even have a choice for me to appeal. And I have ehcked the email address, which is the same.

So I am not sure what to do. Please advise.

[Teksman]

Sorry to hear about the refusal.

Can you post details of your absences and the reasons for the refusal from the decision letter? Make sure to remove any personal information.

[zimba]

If the 10-year period extends beyond 11 April 2024, there is no 548-day limit. As you applied after 11 April 2024, then such a limit should not apply as per the guides. This is probably a caseworker mistake and should be rectified in the administrative review.

Calculating absences which started before 11 April 2024
for Appendix Long Residence but also included absences
after 11 April 2024

Example 3
An applicant’s 10-year qualifying period will be completed on 30 April 2026. The
applicant had been absent from the UK for 40 days in 2023. The applicant is also
planning to leave the UK between March and July in 2025 for 180 days.
As the absences in 2023 started before 11 April 2024, they must be no longer than
184 days.
Any absence that started after 11 April 2024 must be less than 180 days in any 12
calendar months.
As the 10-year period extends beyond 11 April, there is no 548-day limit.

UPDATE 9 July 2024
UKVI updated the long residence guide and maintained the old position that for all absences started before 11 April 2024, the old rules including the 548-day limit still apply.

These transitional arrangements preserve the position that continuous residence will be broken if an applicant has been absent from the UK for more than 184 days at any one time or for more than a total of 548 days overall, where that absence started before 11 April 2024.

https://www.gov.uk/government/publicati ... accessible

https://assets.publishing.service.gov.u ... idence.pdf

[SZhang11]

Hi everyone, thanks for you help before.

My ILR was wrongly rejected but it had the wrong reference number but the details are correct and when I check my immigration status, it says that it's still being decided.

I am not sure if this means that the refusal letter was an error of some sort ? If anyone could shine some light, it would be great.

I called home office and it says it takes 10 working days which would exceed the 14 days of administrative review time frame, hence I am a bit stressed out.

[zimba]

Use your UAN and apply for AR is normal