ILR Long residence - Have I overstayed ?

[scplymouth]

Hi all, thanks for taking the time to read my post and providing useful info. I've been bit anxious about this whole process from the get go, so your help is an immense relief. Without further adieu here is my timeline

29/09/2010 - 30/11/2013 (Tier 4)
21/11/2012 - 30/11/2015 (Tier 4)
16/11/2015 - 05/08/2016 (Tier 2 General)
26/11/2016 - 05/08/2019 (Tier 2 General)
06/09/2019 - 05/08/2021 (Tier 2 General)

Here are my questions,

1.) Which date qualifies as the ILR start date, my first visa was valid from 29/09/2010 however I came to the UK on 10/10/2010 (entry clearance?)
2.) Based on above dates when can I apply, is it true that an application can be made 28 days prior to the 10 year anniversary ?
3.) I've had a slight setback between 05/08/2016 - 26/11/2016 period as my tier 2 application was denied due not meeting the salary criteria, I promptly re-applied with a new application, I believe I was under 3C leave at that point. is this going to cause an issue?
4.) Is there an IHS charge for ILR applications? if so can I use my existing IHS ?
5.) I'm hoping to apply for a PhD this year and an ILR is crucial in securing that. What's the most expedient way to get a decision? what are my options?
6.) If my ILR application is refused, would I still have Tier 2 status ?

Apologies for the long list and once again thanks in advance.
-sc

[CR001]

1.) Which date qualifies as the ILR start date, my first visa was valid from 29/09/2010 however I came to the UK on 10/10/2010 (entry clearance?)

Presumably you are asking about ILR based on 10 years long residence. Your residence clock starts from the date you ENTERED the UK and not your initial visa issue date.

2.) Based on above dates when can I apply, is it true that an application can be made 28 days prior to the 10 year anniversary ?

No sooner than within 28 days before reaching the 10th anniversary of the date you entered the UK.

3.) I've had a slight setback between 05/08/2016 - 26/11/2016 period as my tier 2 application was denied due not meeting the salary criteria, I promptly re-applied with a new application, I believe I was under 3C leave at that point. is this going to cause an issue?

Should be ok provided you applied within the specified time.

4.) Is there an IHS charge for ILR applications? if so can I use my existing IHS ?

No.

5.) I'm hoping to apply for a PhD this year and an ILR is crucial in securing that. What's the most expedient way to get a decision? what are my options?

Super priority service which costs an additional £800. The service is currently suspended.

6.) If my ILR application is refused, would I still have Tier 2 status ?

Yes.

[scplymouth]

Thanks for your prompt reply. Since super priority is suspended do I have to go through standard route (it usually takes 6 months doesn't it ?) to apply, is there another way that you are aware of ?

[CR001]

Thanks for your prompt reply. Since super priority is suspended do I have to go through standard route (it usually takes 6 months doesn't it ?) to apply, is there another way that you are aware of ?

Until super priority is available again, you only have the standard service option.

[scplymouth]

Understood, thank you very much for your help. Stay safe.

-sc

[StanDarsh]

Hi all,

Finally I'm eligible for ILR, after 10 long years!!. However, I'm in a bit of a precarious situation as I'm unsure If had overstayed after a Tier 2 refusal back in 2016. Here is the timeline.

29/09/2010 - 30/11/2013 (Tier 4) (Entry to the UK 10/10/2010)
21/11/2012 - 30/11/2015 (Tier 4)
16/11/2015 - 05/08/2016 (Tier 2 General)
26/11/2016 - 05/08/2019 (Tier 2 General)
06/09/2019 - 05/08/2021 (Tier 2 General)

This VISA was ultimately granted however before my first Tier 2 visa expired I applied for a Tier 2 extension (in-time) as usual on 25/07/2016 which was refused due to not meeting salary criteria on 22/09/2016 at which my point previous visa had already been expired on 05/08/2016. I quickly re-applied with a new CoS on 05/10/2016 (within 13 days after refusal), this new visa granted was on 26/11/2016.

Here are my questions;

1. Have I overstayed ? I'm seeing some conflicting info everywhere, am I correct in saying that I had 3C cover after refusal
2. I'm hoping to apply for ILR on 14/09/2020 (26 days before 10 year anniversary) is this acceptable ?
3. (Question from ILR application)Do you have a previous visa, entry clearance or leave to remain where you had to prove your knowledge of English? What does this mean ? When I first entered the UK I had to provide IELTS results does this count? Since then I had gained a BSc hons degree at a British university.
4. Is it worth providing a cover letter explaining the visa refusal incident ?

This forum gave me some hope during some dark times, your help is greatly appreciated.
Thanks

[zimba]

Multiple usernames are not allowed. Why have you registered a new username and posted the query you asked in June again ??

https://www.immigrationboards.com/indef ... l#p1903381

[StanDarsh]

Multiple usernames are not allowed. Why have you registered a new username and posted the query you asked in June again ??

https://www.immigrationboards.com/indef ... l#p1903381

Hi Zimba, Sorry that I created a new account. I've tried resetting my password but a reset link never arrived, even after multiple attempts.

As for the queries they are not the same, I've requested some clarification regarding my immigration status during visa refusal, as you know ILR application process is quite long winded and confusing. That's why sought help from members of this forum as they are always helpful.

[CR001]

Topics merged!

[zimba]

1. Have I overstayed ? I'm seeing some conflicting info everywhere, am I correct in saying that I had 3C cover after refusal
2. I'm hoping to apply for ILR on 14/09/2020 (26 days before 10 year anniversary) is this acceptable ?
3. (Question from ILR application)Do you have a previous visa, entry clearance or leave to remain where you had to prove your knowledge of English? What does this mean ? When I first entered the UK I had to provide IELTS results does this count? Since then I had gained a BSc hons degree at a British university.
4. Is it worth providing a cover letter explaining the visa refusal incident ?

1. The period of overstaying will be disregarded under paragraph 39E. This has been discussed many many times here
2. Yes
3. You should say YES. Provide your degree
4. No need

[StanDarsh]

Thanks for the reply Zimba much appreciated , I just wanted to confirm rather than just assume 39E would apply my case. Thanks again!

[StanDarsh]

Hi all I have just submitted my application online, I was asked to book an appointment with UKVCAS to evidence and biometrics. However, I'm unable to book an appointment as all centers show (No available appointments). Is this due to COVID ? if so what do I have to do next ?

Many thanks

[CR001]

https://www.ukvcas.co.uk/flash-message- ... geId=74833