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Help Needed!

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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sohaibkhattak
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Posts: 4
Joined: Tue May 26, 2015 4:04 pm

Help Needed!

Post by sohaibkhattak » Tue May 26, 2015 4:11 pm

Dear Fellows

I live in Nottingham with my wife(Dependant) and a 10 month old son(Born here). I applied for Tier 1 Entrepreneur in Feb,2013 and was refused. We appealed against the decision, was heard in Tier one Tribunal and the appeal got valid but in the upper tribunal not valid, then permission to the court of appeal was first refused by the upper tribunal and finally by the high court as well so all our appeals were exhausted so we again put the same tier1 Entrepreneur as a fresh application on 9th May,2015. My 10 years will be completed on the 18th of August, 2015 and i can apply on 20th of July for the ILR under long residence which means i have couple of months left and i know that my dependants can not apply with me. My questions are as follows:

1. God forbid if my application is refused before the 20th of July, will my continuity break instantly or will break just before the Judicial review or after the Judicial review.

2. If i am successful in applying for the ILR and meanwhile lets say after couple of weeks we get a negative a decision from the tier1 Entrepreneur application so in that case what will become of my dependants. Will they overstay right away or will they overstay after JR.

3. If I apply for the ILR how can i protect my dependant (wife) from overstaying because someone told me to apply for the FLR (O) for your dependant at the same time as you apply for the ILR under long residence.

4. Is it possible to apply for the dependant according to the scenario in the point 3 and if yes (Note: this is the second application after the exhaustion of the appeal of the first application) and if YES which application should I put for the dependant: FLR (o), FLR (M), FLR (LR), FLR (FP) because I am not too sure which one is the right one for my dependant.

I shall really be thankful to you if you can kindly give me any suggestions in this scenario and help me out in this matter.


Yours Thankfully

Zee ali
Diamond Member
Posts: 1127
Joined: Sun Jan 26, 2014 12:42 am

Re: Help Needed!

Post by Zee ali » Tue May 26, 2015 4:31 pm

sohaibkhattak wrote:Dear Fellows

I live in Nottingham with my wife(Dependant) and a 10 month old son(Born here). I applied for Tier 1 Entrepreneur in Feb,2013 and was refused. We appealed against the decision, was heard in Tier one Tribunal and the appeal got valid but in the upper tribunal not valid, then permission to the court of appeal was first refused by the upper tribunal and finally by the high court as well so all our appeals were exhausted so we again put the same tier1 Entrepreneur as a fresh application on 9th May,2015. My 10 years will be completed on the 18th of August, 2015 and i can apply on 20th of July for the ILR under long residence which means i have couple of months left and i know that my dependants can not apply with me. My questions are as follows:

1. God forbid if my application is refused before the 20th of July, will my continuity break instantly or will break just before the Judicial review or after the Judicial review.

Delay your bio or give it on last day. Ignore first bio letter they will send u the second one. But some risk involve. So its your decision to take the risk or not.

2. If i am successful in applying for the ILR and meanwhile lets say after couple of weeks we get a negative a decision from the tier1 Entrepreneur application so in that case what will become of my dependants. Will they overstay right away or will they overstay after JR.

U must VARY (change) your application from Tier 1 to Set lr. Write a covering letter with your set lr application that now u qualify for ILR so consider your set lr not Tier 1 application. Pay full fees of set lr and HO will refund your Tier 1 fees.

3. If I apply for the ILR how can i protect my dependant (wife) from overstaying because someone told me to apply for the FLR (O) for your dependant at the same time as you apply for the ILR under long residence.

Vary their Tier 1 dependent to flr fp. Flr o is a wrong form. They should refund tier 1 dependent fees as well. Keep in mind u need to pay Health surcharge as well for your dependents.

4. Is it possible to apply for the dependant according to the scenario in the point 3 and if yes (Note: this is the second application after the exhaustion of the appeal of the first application) and if YES which application should I put for the dependant: FLR (o), FLR (M), FLR (LR), FLR (FP) because I am not too sure which one is the right one for my dependant.

As u can't full fill 18600 and can't legally work right now so correct form is flr fp . 10 years partner route..

I shall really be thankful to you if you can kindly give me any suggestions in this scenario and help me out in this matter.


Yours Thankfully
Better to apply through a solicitor. SO u have a legal representative and every thing is properly deal with.
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

sohaibkhattak
Newly Registered
Posts: 4
Joined: Tue May 26, 2015 4:04 pm

Re: Help Needed!

Post by sohaibkhattak » Tue May 26, 2015 6:53 pm

Thanks a lot zee for helping me out. Really appreciated.

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