Can anyone offer me some advice?

[martinsc]

Hello

I am a person of Pakistani nationality. I have been living in Britain the past 11 years, the last 5 years on a Refugee Leave to Remain permit. This is due to expire in September of this year.

I have a question/s regarding a person applying for Indefinite Leave to Remain once their RLR expires:

- It is suggested that a person should apply for ILR approx. one month before their RLR expires. However, in some cases, a person may apply some months before this. Considering the waiting process is up to 6 months, might it be in a person’s best interest to apply 6 months prior to their RLR expiring, thus, if their application is successful, they will receive their ILR concurrently of their RLR expiring? Or may applying prematurely actually jeopardize a person’s application (e.g. because the initial 5-year period of their RLR has not yet expired)?

- If a person decides to apply for ILR one month before their RLR expires, and considering the waiting process is up to 6 months, what are they supposed to do in the meantime? Will they still be permitted to work, apply for state benefits, live in a council property? Or will they be stripped of their rights, not able to work, apply for state benefits, live in a council property? In effect being of ‘illegal’ status again. If a person retains their RLR status while awaiting a decision regarding their ILR application, how are they supposed to prove their status if required?

The last thing I would like to say is I have been with my solicitor since they made the initial application for RLR five years ago. At the time, they told me, once it expires, that I should contact them. I have not spoken to them since. In the past two months I have attempted to contact them numerous occasions, but each time I do they do not get back to me. They are proving most uncooperative. I am losing faith in my solicitor. Is it recommended come September that I apply for ILR without my legal representation? What are the chances of my application being successful should I decide to go down this route? Or, if still I’m unable to make contact with my solicitor, should I consider changing my solicitor with one who will take me seriously? If I do, might this jeopardize my application (i.e. the time it takes for them to acquire my files, get acquainted with my case)?

I would especially like to hear from anyone who has been in the same position as me with RLR and who has applied for ILR status.

Thanks.

[martinsc]

Hi all,

I will cut to the chase. I’m coming to the end of my five-year Refugee Leave to Remain. The next step is to apply for Indefinite Leave to Remain. According to the government website, I’m only meant to apply for ILR in the final month of my RLR. After which there is usually up to a six-month waiting period to see if my application is successful. Yet, it offers no advice as to what I’m supposed to do in the meantime while I await the outcome of their decision. Do I still possess my RLR status? I’m currently permitted to work, apply for state benefits and rent a council property. Or will I in effect be stripped of my status, thus being unable to work, apply for state benefits, rent a council property? If the latter, how am I supposed to live if I have no legitimate way of earning money or any place to live? If I do retain my RLR status, seeing my BRP has expired, what will I possess to prove it, if required? If anyone could offer me some advice it would be much appreciated.

[CR001]

If you make an application before your current visa expires, your existing visa conditions continue under Section 3C of the immigration rules, which means nothing changes. You do NOT suddenly become an overstayer or are not permitted to work etc.

https://www.gov.uk/prove-right-to-work

https://www.gov.uk/prove-right-to-work/ ... ode-online

[AmazonianX]

Hi all,

I will cut to the chase. I’m coming to the end of my five-year Refugee Leave to Remain. The next step is to apply for Indefinite Leave to Remain. According to the government website, I’m only meant to apply for ILR in the final month of my RLR. After which there is usually up to a six-month waiting period to see if my application is successful. Yet, it offers no advice as to what I’m supposed to do in the meantime while I await the outcome of their decision. Do I still possess my RLR status? I’m currently permitted to work, apply for state benefits and rent a council property. Or will I in effect be stripped of my status, thus being unable to work, apply for state benefits, rent a council property? If the latter, how am I supposed to live if I have no legitimate way of earning money or any place to live? If I do retain my RLR status, seeing my BRP has expired, what will I possess to prove it, if required? If anyone could offer me some advice it would be much appreciated.

By virtue of Section 3C haven made an in time application you retain same rights you currently have till the outcome of the RLR application.

[martinsc]

Thanks for the help guys! It has offered me somewhat relief.

@CR001 Yes, I will follow the links you sent with great interest, much obliged.