ILR Query

Hello People, I am planning to apply for my ILR in August, If for some reason (say wrong 5 years calculation) my ILR get rejected does that impact my existing Tier1 Visa? Any inputs with references would he highly appreciated. Thanks

Let me give you all the background on why the question was asked in the first place.

Initial visa granted April 2010
Arrived in UK - July 2010
Went back to India - Aug 2010 (after staying here in UK for couple of weeks)
Again returned back in Dec 2010

Working for the same company since Jan 2011

Since my first visit to UK was more than 3 months after initial visa, I am eligible for ILR from days before August 2015 which comes around 1st week of august. To be on the safe side I wanted to go for ILR in December 2015 but for personal reasons I am now planning to go in August. I know I am all good but I am just trying to be safe and know everything before hand.

If for some reason if the ILR get rejected when I apply in August, does it jeopardize my current visa? can I reapply it again in December or January 2016?

P.S: My visa is valid until 2018.

does it jeopardize my current visa?

No, ILR refusal should not affect your current visa. Why spend so much money on ILR when there is a risk of refusal instead of waiting a couple of months if you have a valid visa?

Thanks!!! I didn't want to go, but as said I have to go for personal reasons and when I weigh the risk the ILR refusal came latter but only when my current visa is not affected. If my current visa is not affected, then I don't mind spending money.

Any references would be very helpful. I tried searching, but not much luck!

Your ILR cannot be refused for the reason of "gap in continuous stay" if you apply in August 2015. As long as you make sure your absence in any 12 month period is not greater than 180 days, you have nothing to worry.

I don't see any risk in you applying for you ILR in August, and see no reason why you should wait until December.

Are there any other reasons that you are particularly worried about?

To answer your question, like CR001 has already confirmed, refusal of ILR will not curtail your current visa, unless it is some extreme situation such as UKBA find deception and take action on current visa. Sorry, I am now aware of a UKBA document which states this explicitly, perhaps other mods or members could comment.

Thanks very much!

Are there any other reasons that you are particularly worried about?

No, apart from 5 years continuous stay, I am all good. I know i am thinking too much, I am only trying to be safe than sorry

So, what happens to your BRP card etc. that you will submit with the ILR application, if ILR application is rejected? Do they send it back like nothing happened?

So, what happens to your BRP card etc. that you will submit with the ILR application, if ILR application is rejected? Do they send it back like nothing happened?

Very valid question there! Can someone please help?

Swapna.Kumari wrote:

So, what happens to your BRP card etc. that you will submit with the ILR application, if ILR application is rejected? Do they send it back like nothing happened?

Very valid question there! Can someone please help?

Simple answer would be yes; they would return it along with your passport.

Simple and clear. Thanks very much!