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pilot10 wrote: ↑

Sun Jan 10, 2021 7:01 pm

Hi Moderators

I am about to make application for ILR 10 year residence. I moved to UK in Jan 5th 2011, completed 5 year university and then got job working under Tier 2 general which is still valid. During the Tier 2 work permit applications, my applications were refused and I then made new applications which were approved. See breakdown of the Tier 2 refusals.

1st refusal - my application was refused in Nov 2016 and I made a new application within the 14 days which was approved. What type of Tier 2 application was this, when was it made and why was it refused? When was your Tier 2 visa valid till at that time?
2nd refusal (change of new SOC code) - application refused in may 2019 and as my visa was still valid, the 14 days did not apply and i then made new application in July 2019. This application was approved. Why was this one refused?
Note, I did not leave the UK and made both applications here.

Will the refusal of my Tier visa applications affect my ILR 10 year application?

I passed the life in the uk and will use my degree as evidence for English requirement. I never left uk for more than 2 months.

Please could you advise if there is anything else i need to make successful application? Documents required: Passports covering the last 10 years including current, current BRP, life in the UK test reference number and evidence of meeting the english language requirement.

Also, which form should i used for the 10 year application or website link to form? You need to use Set LR. Link: https://www.gov.uk/long-residence/apply-to-settle

Please advise? Thank you in advance

ajitu92 wrote: ↑

Sun Jan 10, 2021 7:35 pm

pilot10 wrote: ↑

Sun Jan 10, 2021 7:01 pm

Hi Moderators

I am about to make application for ILR 10 year residence. I moved to UK in Jan 5th 2011, completed 5 year university and then got job working under Tier 2 general which is still valid. During the Tier 2 work permit applications, my applications were refused and I then made new applications which were approved. See breakdown of the Tier 2 refusals.

1st refusal - my application was refused in Nov 2016 and I made a new application within the 14 days which was approved. What type of Tier 2 application was this, when was it made and why was it refused? When was your Tier 2 visa valid till at that time?

it was tier 2 work permit. Applied in 2016, it was refused bcos i applied for 5 year instead of 3 years. Valid to 2019

2nd refusal (change of new SOC code) - application refused in may 2019 and as my visa was still valid, the 14 days did not apply and i then made new application in July 2019. This application was approved. Why was this one refused?

Refused bcos salary was not suitable for job role

Note, I did not leave the UK and made both applications here.

Will the refusal of my Tier visa applications affect my ILR 10 year application?

I passed the life in the uk and will use my degree as evidence for English requirement. I never left uk for more than 2 months.

Please could you advise if there is anything else i need to make successful application? Documents required: Passports covering the last 10 years including current, current BRP, life in the UK test reference number and evidence of meeting the english language requirement.

I lost one of my passport which I have a photocopy of and also reported missing passport to police. Should i include the photocopy and police report in the application?

Also, which form should i used for the 10 year application or website link to form? You need to use Set LR. Link: https://www.gov.uk/long-residence/apply-to-settle

Thank you

Please advise? Thank you in advance

ajitu92 wrote: ↑

Sun Jan 10, 2021 8:16 pm

it was tier 2 work permit. Applied in 2016, it was refused bcos i applied for 5 year instead of 3 years. Valid to 2019 - Apologies. I misread your initial post. So I assume this was your first Tier 2 application switching from Tier 4? If so when exactly in 2016 did you apply (exact date) and when was your Tier 4 visa valid till?

Yes, it was my first tier 2 switching from tier 4. i reapplied 8th Dec after refusal on 30 Nov. My tier4 was valid until 14/10/2016 and I applied on 5/10/2016 which was then refused on 30 Nov. In the refusal letter, i was told to make new application which I then did on 8th Dec and was granted.

I lost one of my passport which I have a photocopy of and also reported missing passport to police. Should i include the photocopy and police report in the application? Thanks

zeeshi1122 wrote: ↑

Sun Jan 10, 2021 8:19 pm

After Refusal in nov 2016 you applied with in 14 days and when was the leave granted?

Yes, i reapplied 8th Dec after refusal on 30 Nov. It was granted the 24th Jan following month.

As technically you were overstayer between the date u received the refusal and next visa granted.

I don't understand. The refusal letter said to make new application or leave the country within 14 days. how is it overstaying if you have a valid application?

According to new judgment (Hoque & ors v SSHD) you will be alright though.

pilot10 wrote: ↑

Sun Jan 10, 2021 8:40 pm

zeeshi1122 wrote: ↑

Sun Jan 10, 2021 8:19 pm

After Refusal in nov 2016 you applied with in 14 days and when was the leave granted?

Yes, i reapplied 8th Dec after refusal on 30 Nov. It was granted the 24th Jan following month.

As technically you were overstayer between the date u received the refusal and next visa granted.

I don't understand. The refusal letter said to make new application or leave the country within 14 days. how is it overstaying if you have a valid application?

According to new judgment (Hoque & ors v SSHD) you will be alright though.

zeeshi1122 wrote: ↑

Sun Jan 10, 2021 9:03 pm

pilot10 wrote: ↑

Sun Jan 10, 2021 8:40 pm

zeeshi1122 wrote: ↑

Sun Jan 10, 2021 8:19 pm

After Refusal in nov 2016 you applied with in 14 days and when was the leave granted?

Yes, i reapplied 8th Dec after refusal on 30 Nov. It was granted the 24th Jan following month.

As technically you were overstayer between the date u received the refusal and next visa granted.

I don't understand. The refusal letter said to make new application or leave the country within 14 days. how is it overstaying if you have a valid application?

According to new judgment (Hoque & ors v SSHD) you will be alright though.

Rules have been changed recently, see the attached link similar case.

indefinite-leave-to-remain/ilr-in-accor ... 10037.html

pilot10 wrote: ↑

Sun Jan 10, 2021 9:29 pm

zeeshi1122 wrote: ↑

Sun Jan 10, 2021 9:03 pm

pilot10 wrote: ↑

Sun Jan 10, 2021 8:40 pm

zeeshi1122 wrote: ↑

Sun Jan 10, 2021 8:19 pm

After Refusal in nov 2016 you applied with in 14 days and when was the leave granted?

Yes, i reapplied 8th Dec after refusal on 30 Nov. It was granted the 24th Jan following month.

As technically you were overstayer between the date u received the refusal and next visa granted.

I don't understand. The refusal letter said to make new application or leave the country within 14 days. how is it overstaying if you have a valid application?

According to new judgment (Hoque & ors v SSHD) you will be alright though.

Rules have been changed recently, see the attached link similar case.

indefinite-leave-to-remain/ilr-in-accor ... 10037.html

@zeeshi1122, Are mine affected by this 286b/39E? please advise ?

• Do you have any family in your country of birth, nationality or any other country where you have lived for more than 5 years?
  
  Do you have any friends in your country of birth, nationality or any other country where you have lived for more than 5 years?
  
  Are you part of any social groups or do you have other cultural ties in your country of birth, nationality or any other country where you have lived for more than 5 years?

pilot10 wrote: ↑

Tue Jan 12, 2021 8:29 pm

Hi guys,

I am filing in the ILR application and I have these questions I need help with.

How do i answer these questions? I am required to provide details.

• Do you have any family in your country of birth, nationality or any other country where you have lived for more than 5 years?
  
  Do you have any friends in your country of birth, nationality or any other country where you have lived for more than 5 years?
  
  Are you part of any social groups or do you have other cultural ties in your country of birth, nationality or any other country where you have lived for more than 5 years?

• A civil court judgment against you, for example for non payment of debt, bankruptcy proceedings or anti-social behaviour

In 2016, a letter was sent to my family's address to pay a fine for travel with deadline to make payment. However, the deadline passed because I didnt see the letter as I was living at different address. A bailiff came to collect payment which was paid in full. Unfortunately, I cannot recall if it was a court order or just something else.

ajitu92 wrote: ↑

Wed Jan 13, 2021 7:27 pm

what exactly was this fine for and who was it issued by?
It was for using train journey and i was fined for not paying for some part of the journey


What does the letter say, and was it a CCJ that was issued against you? Were these court bailiffs that came to collect or private debt collection agents? I truly cannot remember as it was my relative that made the payment and Im waiting for reply from him. But it was for a train journey

CULLINAN wrote: ↑

Wed Jan 13, 2021 7:35 pm

In 2016, a letter was sent to my family's address to pay a fine for travel with deadline to make payment. However, the deadline passed because I didnt see the letter as I was living at different address. A bailiff came to collect payment which was paid in full. Unfortunately, I cannot recall if it was a court order or just something else.

A bailiff comes only when a court order is ignored and the other party pushes for a CCJ. You should declare this. This will not affect your ILR though as this is a civil debt. Make a note in the cover letter that you paid it in full.

https://www.gov.uk/county-court-judgmen ... dit-rating

pilot10 wrote: ↑

Wed Jan 13, 2021 8:09 pm

CULLINAN wrote: ↑

Wed Jan 13, 2021 7:35 pm

In 2016, a letter was sent to my family's address to pay a fine for travel with deadline to make payment. However, the deadline passed because I didnt see the letter as I was living at different address. A bailiff came to collect payment which was paid in full. Unfortunately, I cannot recall if it was a court order or just something else.

A bailiff comes only when a court order is ignored and the other party pushes for a CCJ. You should declare this. This will not affect your ILR though as this is a civil debt. Make a note in the cover letter that you paid it in full.

https://www.gov.uk/county-court-judgmen ... dit-rating

@Cullinan, i have just searched register of judgments (Trustonline) and there is no record found under my name. Also checked experian and no court judgment against my name