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Options after ILR refusal

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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SamratJha
Newly Registered
Posts: 17
Joined: Sun Jan 27, 2013 9:09 pm

Options after ILR refusal

Post by SamratJha » Thu Oct 16, 2014 8:14 pm

Hi
If any senior member tell me the after options of ILR refusal then I would be really grateful.
I have tier 1 general visa. I want to know the options I have if ILR gets rejected for count towards 5 years and the current tier 1 visa expires before rejection. If I become eligible within 28 days of appeal for ILR again ,would I be able to apply for ILR within that 28 days. If not would I be able to apply for tier 1 extensions? Would it impact my continuos period?

Suppose:

1. My 5 years gets completed: 15/02/2015

2. But My Tier 1 Visa expiry (01/01/2015) - Short of 45 days from 5 years count, applied early PEO in my last Tier 1 Extension and got the extension from the application date.

3. I applied postal ILR on 31/12/2014 hoping my application gets considered after 17 days (45 days gap-28 days= 17 days)

4. I get rejection on 10/01/2015 as 5 years count not complete.

I know ILR takes time in postal application, but in case the rejection happens, I want to know what the rule/law is after that.

1. Would I be able to appeal for ILR application within 28 days of rejection (07/02/2015) as by then I would be inside 28 days rule towards 5 years count. This was in-time application as applied before my tier 1 expiry, so would I be eligible to appeal then for ILR as per section 3C?

2. If not, Can I apply for Tier 1 extension again? would it impact my 5 years count towards settlement or would it set the counter to zero?

Really thank you for the complex questions. Appreciate your help.

SamratJha
Newly Registered
Posts: 17
Joined: Sun Jan 27, 2013 9:09 pm

Re: Options after ILR refusal

Post by SamratJha » Fri Oct 17, 2014 7:06 pm

No reply yet. :( I am sure people would have faced similar situation. I just want to know if ilr gets rejected and while being being on appeal period I become eligible , would I be able to make a fresh application? If not would I have the option of tier 1 extension?

bhp
Junior Member
Posts: 57
Joined: Sat Sep 06, 2014 3:34 pm

Re: Options after ILR refusal

Post by bhp » Fri Oct 17, 2014 11:57 pm

Don't take unnecessary risk. Apply for extension first and then when you become eligible apply for ILR. You will peace of mind instead of worrying all the time.

SamratJha
Newly Registered
Posts: 17
Joined: Sun Jan 27, 2013 9:09 pm

Re: Options after ILR refusal

Post by SamratJha » Sat Oct 18, 2014 12:09 am

True but it feels bad to spend 3200 gp for just 17 days short. That too because I applied early PEO. I am short of 45 days but actually I need to coverify 17 days 45-28 days.

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Options after ILR refusal

Post by Obie » Sat Oct 18, 2014 12:15 am

An application can be made for and extension and that application can be varied, before a decision is made, but this will have to be done by postal means. It can then the varied and the difference in fees paid.
Smooth seas do not make skilful sailors

globetrotter_ks
Member
Posts: 100
Joined: Fri Jan 09, 2009 3:51 pm
Location: London

Re: Options after ILR refusal

Post by globetrotter_ks » Sat Oct 18, 2014 2:28 pm

Technically you dont qualify so they have a system and it all computer based and computer will reject your application . Its not upto case worker. Even if u go for one day case worker will tell you that it will be rejected but if u still wanna go ahead they will do it for you. so dude u can alaways make money once u get visa dont think about it. my friend was short of 2 days and he had to do second tier1 extension and then applied for ILR. i also know of sumone he was short by one day and he apllied for extension. My advice dont think about money . U know they just want a reson to reject so why give them a chance. all the best dude.

SamratJha
Newly Registered
Posts: 17
Joined: Sun Jan 27, 2013 9:09 pm

Re: Options after ILR refusal

Post by SamratJha » Sat Oct 18, 2014 11:22 pm

Thank you appreciate your reply. I will do the extension I guess. :(

Manka10
Senior Member
Posts: 714
Joined: Wed Feb 22, 2012 9:11 am
Location: 127.0.0.1

Re: Options after ILR refusal

Post by Manka10 » Mon Oct 20, 2014 9:11 am

The cost of extension also includes the price for applying too early previously :wink:
Manka

Go12
Member of Standing
Posts: 256
Joined: Thu Jul 25, 2013 5:20 pm

Re: Options after ILR refusal

Post by Go12 » Tue Oct 21, 2014 11:20 am

Hi,
Guys can you plz advice me ,my tier 1 visa is valid from oct 13th 2010 ,I entered uk on oct 15th 2010,could not find a job in uk so went back to india on 8th nov 2010.Resigned my job in India and landed back in uk on april2011 and from then on never left uk till date.
So at a strech I have 150 days of absence ,so should I apply directly for my ILR on oct 13th 2015?or go for 2nd ext.
Plz guys called ukba abt this issue but of no use.
Plz help
Thanks

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