ESC
Welcome to immigrationboards.com!
Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha
mjalam143 wrote:Hi it's really urgent I apply ilr in 2012 dec, I got refusal letter and they give me appeal right they refused me bcz I got gap is more then 28 days.
Now plz anyone suggest me how can I win the appeal plz anyone help me.
huqqapani wrote:Following the recent refusals based on continuous stays and breaks in it, I am increasingly concerned about my ILR (LR) application which is currently with UKBA (submitted 26/7/13).
I had a work permit which was valid till 19/12/12. I submitted FLR (O) application on 17/12/12. I then varied the above application to Tier 2 on 16/2/13.
Has the continuous leave been broken? Should I be concerned l or not?
mjalam143 wrote:Ho refused me in 2009 student visa and give me appeal right but I lost on appeal and my solicitor apply higher court for consideration but nothing happen after 2 months of refused appeal I put another fresh application and they gave me student visa.after passing my 10 years I apply for ilr they refused me bcz it's out of time application in 2009 and the gap is more then 28 days so they refused me and give appeal right,now it's there any hope to win appeal and how to do plz help me I m really shock after passing 10 years what she'll I do! Plz help me give me suggestion. Is their any case any body knows
huqqapani wrote:Following the recent refusals based on continuous stays and breaks in it, I am increasingly concerned about my ILR (LR) application which is currently with UKBA (submitted 26/7/13).
I had a work permit which was valid till 19/12/12. I submitted FLR (O) application on 17/12/12. I then varied the above application to Tier 2 on 16/2/13.
Has the continuous leave been broken? Should I be concerned l or not?
you don't need to be worry your continuous leave has not been broken because your application was made in time which triggers 3C leave and extend your previous leave till ukba reach on a decision. if you varied your application before ukba made any decision on your initial application that is fine your continuous leave has been maintained.thanks Damanisshallo for your advice... please PM me if you know any solicitor who can do thisDamanisshallo wrote:At some instances this is possible. Read this post to see how your wife can try applying for ILR. Try to book an appointment at Birmingham, as I believe this is the only PEO where applicants are asked to pay the fee after their case is dealt. (Again, this is just a word of mouth)Chammi wrote:Hi,
I have couple of queries regarding my dependant if I apply ILR through the long residence route. Currently I'm on my extended Tier 1 General which is due to expire on 20th May 2015 and I'm completing my 10 years on 10th October 2013. My wife is here since August 2011 on my Tier 1 dependant visa and I understand she can not apply ILR at the time I apply. My question is will she be able to apply ILR once I get my visa done. If not how long does she has to wait to qualify to apply ILR?
Thanks in Advance
Hi meritocrat,meritocrat wrote:Guys,
I need an advice. I applied for ILR about 4 months ago and still waiting. My Tier 2 visa will expire at the end of September 13 and my employer wants to extend my visa asap. So I am faced with two choices:
1) Cancel my ILR (and loose fees, etc ) and apply for Tier 2 before the end of Sep 13. Then re-apply for ILR (which circa £2k loss);
2) Wait for my ILR outcome - Obviously, my employer doesn't mind me working while I wait for the outcome. The thing is if I get a rejection after Sep 13, that means I will not have a valid visa and have to leave the UK immediately. Or could I still get a chance to apply for Tier 2 even if my ILR was rejected & I don't have a valid visa at the time of my Tier 2 application?
What would you recommend?
Thanks a lot in advance,
M
Faismamla: Tier 4 (student) dependents cannot apply for ILR straight away... they need to wait 2 years after the FLR(M)... your friends situation might be differentr4rashed wrote:Thank you @faismamla, appreciate your response and help.faismala wrote:r4rashed wrote:Hello everyone!
I know it has been asked many times but I need to know one more time please. As I am about to apply ILR on the basis of 10 years LR, my wife and children's visa will expire at the time of application as would be mine. They all are on teir 4 dependents since 2005. I know I must send FLR M with cover letter. Just wanted to know whether I would need to need financial requirements or not and can I apply SET M after they granted FLR M right away or would need to wait 5 years. If old rule apply on my dependents, what reference from rules should I quote to caseworker?
Moreover, what English language requirement my wife needs if any?
I would really appreciate any help, please and thanks in advance.
Try applying indefinite straight away in person after getting ur wife flr(m) because she has already spent more than 5 years . I did a mistake by waiting 2 years(old rule) but I know many of my friends has done it straight away and they got it.
johnsonbaby wrote:Hi. Every one.I need help urgently please!
My student visa have cancelled by college after I sent set(lr) to home office! Due to I don't have progression on my studying.
Now, I am waiting the decision on ten year route.
My question is
Will I go trouble in my ten year application?
jony_dhaka wrote:Student visa was not cancelled by college , they reported you to ukba .
In your 10 year residency you was legally in uk . If ukba cancel your student visa after this 10 year period i don't think it doesn't matter.you will get ILR . (I am not sure about this . I will make more inquiry ) Lets see what '' Damanisshallo'' and senior member have to say about it .
Did you get student visa cancelled letter from your college or UKBA ?
Did you college reported you because of absences or you did not attend any exam ?
What is the name of your college ?
johnsonbaby wrote:Hi. Every one.I need help urgently please!
My student visa have cancelled by college after I sent set(lr) to home office! Due to I don't have progression on my studying.
Now, I am waiting the decision on ten year route.
My question is
Will I go trouble in my ten year application?
johnsonbaby wrote:Thanks jony
Yes. My college reported to ukba. But I haven't received any letter from ukba.
Reason for reporting is I fail on exam and College is located on london.
I really worry I will get refuse on ilr.
Help. Please!jony_dhaka wrote:Student visa was not cancelled by college , they reported you to ukba .
In your 10 year residency you was legally in uk . If ukba cancel your student visa after this 10 year period i don't think it doesn't matter.you will get ILR . (I am not sure about this . I will make more inquiry ) Lets see what '' Damanisshallo'' and senior member have to say about it .
Did you get student visa cancelled letter from your college or UKBA ?
Did you college reported you because of absences or you did not attend any exam ?
What is the name of your college ?
johnsonbaby wrote:Hi. Every one.I need help urgently please!
My student visa have cancelled by college after I sent set(lr) to home office! Due to I don't have progression on my studying.
Now, I am waiting the decision on ten year route.
My question is
Will I go trouble in my ten year application?
It'd be insane to predict how UKBA would deal with this. It depends on what your college has sent to them? You'd be the best one to answer your questions.johnsonbaby wrote:Hi. Every one.I need help urgently please! My student visa have cancelled by college after I sent set(lr) to home office! Due to I don't have progression on my studying. Now, I am waiting the decision on ten year route. My question is Will I go trouble in my ten year application?
General Grounds of Refusal @ Page 8 wrote:When an applicant has used deception either in their current or previous application, for example, made a false representation, submitted false documents or information or not disclosed material facts, you:
must refuse their application under paragraph 322(1A) (when deception has been used in a current application), or
should refuse their application under paragraph 322(2) (when deception was used in a previous application).
You should refuse leave to remain for these reasons, where there is satisfactory evidence to show that the applicant or their appointed representative has deliberately provided representations or documents which they know to be false. You should also refuse leave to remain if a previous use of deception was unsuccessful. The Immigration Rules treat the successful and unsuccessful use of deception equally.
Damanisshallo wrote:It'd be insane to predict how UKBA would deal with this. It depends on what your college has sent to them? You'd be the best one to answer your questions.johnsonbaby wrote:Hi. Every one.I need help urgently please! My student visa have cancelled by college after I sent set(lr) to home office! Due to I don't have progression on my studying. Now, I am waiting the decision on ten year route. My question is Will I go trouble in my ten year application?
For instance, if they reported that you've stopped attending from a certain date (which is after your ILR Application) then you should be fine as you were fine until Application date. However, if they've reported about your attendance (Which I suspect they haven't as UKBA would pester them why did they took so long to report) then it could go either ways.
We've seen cases where UKBA have rejected ILR on revealing that a PSW Visa issued in the past was a false representation or deception.
Please look for a similar case elsewhere lately.
General Grounds of Refusal @ Page 8 wrote:When an applicant has used deception either in their current or previous application, for example, made a false representation, submitted false documents or information or not disclosed material facts, you:
must refuse their application under paragraph 322(1A) (when deception has been used in a current application), or
should refuse their application under paragraph 322(2) (when deception was used in a previous application).
You should refuse leave to remain for these reasons, where there is satisfactory evidence to show that the applicant or their appointed representative has deliberately provided representations or documents which they know to be false. You should also refuse leave to remain if a previous use of deception was unsuccessful. The Immigration Rules treat the successful and unsuccessful use of deception equally.
members wrote:Urgent Help Needed!!
A friend of mine applied for Tier 4 visa and got refused yesterday with right to appeal. He sent his appeal yesterday by fax and ask for a paper based appeal; in other words, he did not chose oral hearing.
He is going to finish his 10 year on 6 October 2013. So he does not have too long for that 10 year to finish. I know he cannot apply for ILR when he has an appeal pending, but if he withdraws appeal when he hit 10 years, he will have no right to stay as soon as the appeal is withdrawn.
Guidance – Long residence and private life @ Page 25 wrote:The applicant completes 10 years continuous lawful residence while awaiting a decision of an appeal
A person may complete 10 years continuous lawful residence whilst they are awaiting the outcome of an appeal and submit an application on this basis. Under sections 3C and 3D, it is not possible to submit a new application while an appeal is outstanding. However, the applicant can submit further grounds to be considered at appeal.
If the applicant has an outstanding appeal against a decision to refuse leave to remain or indefinite leave to remain, and submits an application for long residence, you must void the case and refund the fee. You must create a file or sub-file and mark it ‘PRIORITY’. You must send the file or sub-file to the presenting officers unit (POU) dealing with the appeal. You
must send a letter to the applicant or their representative informing them their application has been linked with their outstanding appeal. You must use Doc Gen letter ICD.3207 for this purpose.
If the appeal is against a decision to curtail or revoke, and the immigration decision was made on or after 31 August 2006, you must follow the same process but you must use Doc Gen letter ICD.3258.
