Urgent varying to ILR LR

pusm · Post by **pusm** » Sat Jul 02, 2016 4:15 pm

Dear Obie ,

I was applied my ILR Tier 1 via post on Feb 2016.

However I had my PAYE income discrepancies in my initial Tier 1 apps and I was informed to my employer.

They have corrected and I got my employment history now all ok and I attached with the ILR Tier 1 application (still under process) . Still I work the same company since 2010.

Question 1 :[/b] My question is if they refused my Tier 1 ILR can I vary to Set LR . ( I have 8 years and 7 months not 10 years ) but no gap .

I know I can apply 28 days before , however they also allowed 18 months out of country ( I do not have any gap ) so can I used that 18 months gap to vary? .

Question 2 : My Mrs got Tier 2 , so can I switch her dependent , if my ILR refused and before put AR within 14 days or after AR result ?

Please give some solid advise , thank you in advance

CR001 · Post by **CR001** » Sat Jul 02, 2016 4:43 pm

Question 1 :[/b] My question is if they refused my Tier 1 ILR can I vary to Set LR . ( I have 8 years and 7 months not 10 years ) but no gap . No, you don't qualify for long residence ILR as you have not got almost 10 years residence.

I know I can apply 28 days before , however they also allowed 18 months out of country ( I do not have any gap ) so can I used that 18 months gap to vary? No, it doesn't work like that. You cannot use '18 months in the future' to make up 'absence' to reach 10 years. You can only apply for long residence ILR within 28 days of reaching 10 years residence.

Question 2 : My Mrs got Tier 2 , so can I switch her dependent , if my ILR refused and before put AR within 14 days or after AR result ? Yes, you can apply for tier 2 dependent visa. Your ILR LR will be refused because you don't meet the requirements. What is the point of AR when HO will refuse ILR because you fail to meet the requirement. It would not be an HO error.

pusm · Post by **pusm** » Sat Jul 02, 2016 4:51 pm

Thank you CR001 ,

So If my ILR T 1 refused , I need to apply my dependent visa within 14 days of the AR time ? is it ?

So that the section 3C leave will continue

also can I apply JR once I got the dependent visa or straight away before the AR

Thank you in advance

CR001 · Post by **CR001** » Sat Jul 02, 2016 4:56 pm

If your ILR is refused, you should submit a Tier 2 Dep visa as soon as possible.

pusm · Post by **pusm** » Tue Jul 12, 2016 12:24 pm

Thanks ,

Can you advise me that , is it advisable to upgrade premium services , I still waiting , 5 months competed

pusm · Post by **pusm** » Wed Aug 10, 2016 4:38 pm

Dear Obie ,

After 6 months waiting I received a letter from HO said as followings

We aim to process all the applications within 6 months from the date submitted. However, in certain circumstances this target is not possible. Following our assessment of your case, unfortunately it appears your application will not be processed within 6 month target.

This is because your application raises exceptionally complex issues and we require further time to consider your case thoroughly and reach a decision.

Now I dont know how long they gona take ?

Any advise please

CR001 · Post by **CR001** » Wed Aug 10, 2016 4:44 pm

It will take as long as HO needs to process.

It is a standard email that many people get.

pusm · Post by **pusm** » Wed Aug 10, 2016 5:10 pm

Thanks CR001 ,

helpingperson · Post by **helpingperson** » Wed Aug 10, 2016 6:58 pm

PUSM,

Did you get this advice/idea from a solicitor that you applied almost 15 months before your 10 years complete and your justification is using 18 months gaps which HO allows for such applications.

They fact that they are considering your application and it has been more than 6 months, I am really impressed as you don't really have anything to lose.

There are lots of people who have 1 year or so gaps so we can use these 18 months gap in our favour, this is gonna be superb, at least worth a try and good idea, I must say.

Please could you provide more information on your case.
Did you apply with a solicitor?

pusm · Post by **pusm** » Thu Aug 11, 2016 6:42 am

Hi Helpingperson ,

I applied TIER 1 - ILR and waiting for results

Thanks

pusm · Post by **pusm** » Fri Sep 09, 2016 11:41 am

I wrote to MP last week , but still no updates ... how long will it take for an update from MP ?

pusm · Post by **pusm** » Thu Sep 29, 2016 9:36 am

Dear Obie ,

Is it possible to transfer my postal apps to premium apps ?

They take too long

pusm · Post by **pusm** » Fri Oct 14, 2016 9:17 am

Dear Gurus ,

Now its more than 8 months since I submitted the application , still no answers , every time I call to customer services they say , still under consideration ...

Any idea how long it may take further .....

pusm · Post by **pusm** » Sat Mar 03, 2018 6:10 am

Dear members ,

I have an urgent question

I have competed my 10 years

However I have following point which make me confused

In time admin review taken : 15/06/2017
Admin review refused dated: 13/07/2017
Admin review decision received : 15/07/2017

FLR M application made : 28/07/2018
FLR granted : 28/02/2018

But they said I have overstayed 1 day due to I applied 28/07/2017 and the admin review concluded on 13/06/2017 (the day of the decision letter) not decision received , but I have all the proof that I received on 15/07/2017

do i broken my 10 years continuous residence due to the 1 day ???
They said section 39E not apply due to the above

Please advise

vinny · Post by **vinny** » Sat Mar 03, 2018 7:04 am

I think they are mistaken.

I believe the AR refusal was effective only after you received written notice.

Moreover, if this was beyond the 14 days, then they would have refused your FLR(M) for failing E-LTRP.2.2. (b), unless paragraph EX.1. applied.

They said section 39E not apply due to the above

Then where did they think the "14 days" comes from?
Did they think that EX.1. applied?
I wonder what they meant?

276B. wrote:(v) the applicant must not be in the UK in breach of immigration laws, except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded. Any previous period of overstaying between periods of leave will also be disregarded where –
(a) the previous application was made before 24 November 2016 and within 28 days of the expiry of leave; or
(b) the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied.

pusm · Post by **pusm** » Sat Mar 03, 2018 7:38 am

Thanks a lot Vinny ,

I have British children and they said EX1 apply

They calculated on the day the AR letter print on 13/07/2017 ,so they 14 days end 27/07/2017.

BUT

I got the AR decision via recorded mail on 15/07/2017 and I applied FLR M 28/07/2017.

FLR granted on 28/02/2018

Thats what I confused for my 10 years LR apps

Please help

pusm · Post by **pusm** » Sat Mar 03, 2018 7:47 am

vinny wrote: ↑
Sat Mar 03, 2018 7:04 am
I think they are mistaken.

I believe the AR refusal was effective only after you received written notice.

Moreover, if this was beyond the 14 days, then they would have refused your FLR(M) for failing E-LTRP.2.2. (b), unless paragraph EX.1. applied.

They said section 39E not apply due to the above
Then where did they think the "14 days" comes from?
Did they think that EX.1. applied?
I wonder what they meant?

276B. wrote:(v) the applicant must not be in the UK in breach of immigration laws, except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded. Any previous period of overstaying between periods of leave will also be disregarded where –
(a) the previous application was made before 24 November 2016 and within 28 days of the expiry of leave; or
(b) the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied.

Thanks a lot Vinny ,

I have British children and they said EX1 apply

They calculated on the day the AR letter print on 13/07/2017 ,so they 14 days end 27/07/2017.

BUT

I got the AR decision via recorded mail on 15/07/2017 and I applied FLR M 28/07/2017.

FLR granted on 28/02/2018

Thats what I confused for my 10 years LR apps

vinny · Post by **vinny** » Sat Mar 03, 2018 8:29 am

Okay. I think that they are saying that 39E was irrelevant when you applied for FLR(M) because of EX.1.

So, you can't use the argument that they granted current leave because 39E was satisfied.

If they are disputing that you didn't apply for FLR(M) within 14 days as specified under 39E, then you could try citing the judgment. Agrue that that the AR refusal notice wasn't effective until you had received the written notice.

pusm · Post by **pusm** » Sat Mar 03, 2018 8:41 am

vinny wrote: ↑
Sat Mar 03, 2018 8:29 am
Okay. I think that they are saying that 39E was irrelevant when you applied for FLR(M) because of EX.1.

So, you can't use the argument that they granted current leave because 39E was satisfied.

If they are disputing that you didn't apply for FLR(M) within 14 days as specified under 39E, then you could try citing the judgment. Agrue that that the AR refusal notice wasn't effective until you had received the written notice.

Great
So my ILR continues resident is ok ?

Thanks for the kind help

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