Guidance please...

Hello,

I am an Australian national, living and working in the UK.

I was on a tier 1 post-study work visa, but that has now run out.

Before it ran out, I sent an application for Indefinite Leave to Remain. When I applied for this, I was in a long-term relationship (and living with) a UK citizen, but we have since broken up.

I received my application forms back today with a message saying the Border Agency couldn't take payment. (I have no idea why - and suspect it was an administrative error on their part.)

They want me to re-submit the form, with up-to-date proof of my co-habitation with a UK national. Obviously that's no longer possible.

Is there any other way I can apply for ILR?

I have a BA and am currently working full-time, while studying part-time to be a lawyer.

Any advice much appreciated.

Polly.

I should add I have been here 7 years...

Polly wrote:I am an Australian national, living and working in the UK.

I was on a tier 1 post-study work visa, but that has now run out.

On what basis did you apply for Indefinite leave to Remain (settlement), when you were on a Tier 2 (PSW) leave to enter/remain at the time?

Assuming you had been living with a British citizen in a relationship akin to marriage for at last 2 years, you could have applied for only Further Leave to Remain (FLR), not settlement! And now, as you state, the relationship no longer subsists, even that (applying for FLR as unmarried partner) is not possible.


regards

sushdmehta wrote:

Polly wrote:I am an Australian national, living and working in the UK.

I was on a tier 1 post-study work visa, but that has now run out.

On what basis did you apply for Indefinite leave to Remain (settlement), when you are on a Tier 2 (PSW) leave to enter/remain?

Assuming you have been living with a British citizen in a relationship akin to marriage for at last 2 years, you can only apply for Further Leave to Remain (FLR), not settlement! And now, as you state, the relationship no longer subsists, even that (applying for FLR as unmarried partner) is not possible.


regards

Do you know what my options are now then? Do I have any, basically?

Unfortunately, returning home seems to be the only option. But if you qualify under an available immigration category, consider applying for entry clearance from NZ.

With no valid leave to remain in the UK, any attempt to switch to another immigration category from within the UK, if you qualify for one, is likely to be refused by UKBA.

Please note that you are now an overstayer in the UK (from the date your Tier 1 (PSW) leave expired). And overstaying by more than 28 days may affect any future entry clearance application(s).


regards

sushdmehta wrote:Unfortunately, returning home seems to be the only option. But if you qualify under an available immigration category, consider applying for entry clearance from NZ.

With no valid leave to remain in the UK, any attempt to switch to another immigration category from within the UK, if you qualify for one, is likely to be refused by UKBA.

Please note that you are now an overstayer in the UK (from the date your Tier 1 (PSW) leave expired). And overstaying by more than 28 days may affect any future entry clearance application(s).


regards

Does the 28 day issue apply even though they only returned my application form today? Or is it 28 days from now?

Not meaning to be rude, but just to clarify: is your assessment that there is no hope of me staying professional (ie. are you trained in these matters?)

Have you been given a right to appeal? Valid application(s) are given a right to appeal when a decision on the application is made after the applicant's leave has expired. If you have been given the right of appeal, your stay in UK remains legal if you submit an appeal or, if you do not submit an appeal, then until the day you can submit such an appeal.

Invalid applications do not attract section 3C protection, and will not be given a right of appeal. If your application has been returned as invalid with no right of appeal, you are an overstayer since the day your PSW leave expired.

Staying professional and having a legal immigration status are two different things. And to continue living in UK (to study and/or work) the latter is a concern at the moment.


For expert advice on any available options and future course of action, always consult a competent immigration solicitor / advisor / lawyer.


regards

sushdmehta wrote:Have you been given a right to appeal? Valid application(s) are given a right to appeal when a decision on the application is made after the applicant's leave has expired. If you have been given the right of appeal, your stay in UK remains legal if you submit an appeal or, if you do not submit an appeal, then until the day you can submit such an appeal.

Invalid applications do not attract section 3C protection, and will not be given a right of appeal. If your application has been returned as invalid with no right of appeal, you are an overstayer since the day your PSW leave expired.

Staying professional and having a legal immigration status are two different things.


For expert advice on any available options and future course of action, always consult a competent immigration solicitor / advisor / lawyer.


regards

I called up the UKBA and they said I need to submit a new application because they couldn't take payment, although now clearly I can't because I am no longer cohabiting.

I am also studying part-time while working. Could I apply for a student visa on that basis? Or is that just for full-time study?

In addition to the fact that you are no longer in the relationship, you should not forget that you made the wrong application anyways (ILR, instead of FLR).

Tier 4 (General) requires the applicant to be in (or join) full-time study at an approved Tier 4 sponsor.


regards

With no leave to remain left it will be very difficult to get CAS (even for full time study rather than part time) from a good university or any reputable college. And without CAS you can not apply to switch in to Tier4 for study.

Even if you do mange to get a CAS letter somehow than Ukba will unlikely to approve that application providing you are studying part time and are making an out of time application. also you did apply in a wrong category first which was returned to you due to payment failure.

I think the best option if you want to study (only full time)more is to return to Australia and apply for a fresh Tier 4 entry clearance with a valid CAS letter.