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ILR eligibility via long-term residence

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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tonybaker
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Posts: 55
Joined: Fri Aug 13, 2021 4:32 pm
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ILR eligibility via long-term residence

Post by tonybaker » Wed Jul 17, 2024 6:33 pm

This is for one of my friend.
 
3yrs of ICT+ 2 yrs of Start up investor visa ,some one mis guided him when he called home office number that he is eligible for ILR so he dint renew the start up investor visa after 2 yrs and appled for ILR in 02 April 2024 before his start up investor visa expiry.His ILR now has been REJECTED (NOT REFUSED) now by home office as he was not eligible to apply ILR in the first place - which is correct.

Questions for validation

1. Is he on overstay now from the date his last visa (Start up investor) expired (01 st April 2024) to till date ?

2.
After his ILR application has been rejected is he eligible to make new visa application from UK,if so how much of time or ETA he has from the date of his ILR application REJECTED (12 days ago)

3. How long he can stay in the UK without any VISA mean is there a period of 60 days or 90 days post which he has to return back to his base country


4.Can he apply for admin review - the REJECTION letter from home office does not state any eligibility as next step either for appeal or admin review ?

5. Can he apply for skilled worker visa from UK ,if he found a sponsorship now ?


Thank you,

tonybaker
- thin ice -
Posts: 55
Joined: Fri Aug 13, 2021 4:32 pm
Mood:
United Kingdom

Re: ILR eligibility via long-term residence – 10years route – Claiming the 10 yrs. eligibility built in past.

Post by tonybaker » Wed Jul 17, 2024 7:07 pm

vinny wrote:
Thu Apr 25, 2024 5:18 pm
They seem to have removed historic Long residence?
Thank you Vinny .I personally belive all the replies [ from day.01 of me being ion the form] from Moderators are highly accurate and was much helpful indeed.

Wish you good day.

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zimba
Moderator
Posts: 23178
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
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Re: ILR eligibility via long-term residence

Post by zimba » Sun Jul 21, 2024 2:09 am

UKVI rejected that application as invalid ?
UKVI cannot invalidate an application for allegedly failing a 'validity' requirement by quoting a failure of an 'eligibility' requirement.
I have seen something like that recently: viewtopic.php?t=348727#p2169879
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

tonybaker
- thin ice -
Posts: 55
Joined: Fri Aug 13, 2021 4:32 pm
Mood:
United Kingdom

Re: ILR eligibility via long-term residence

Post by tonybaker » Sun Jul 21, 2024 9:55 am

Thank you Zimba, No he was not eligible in first place for ILR as he was 3 yrs on ICT...from this he was not eligible to apply for ILR.... There are few questions below in terms of next steps.. Csn you please clarify.

3yrs of ICT+ 2 yrs of Start up investor visa ,some one mis guided him when he called home office number that he is eligible for ILR so he dint renew the start up investor visa after 2 yrs and appled for ILR in 02 April 2024 before his start up investor visa expiry.His ILR now has been REJECTED (NOT REFUSED) now by home office as he was not eligible to apply ILR in the first place - which is correct.

Questions for validation

1. Is he on overstay now from the date his last visa (Start up investor) expired (01 st April 2024) to till date ?

2. After his ILR application has been rejected is he eligible to make new visa application from UK,if so how much of time or ETA he has from the date of his ILR application REJECTED (12 days ago)

3. How long he can stay in the UK without any VISA mean is there a period of 60 days or 90 days post which he has to return back to his base country


4.Can he apply for admin review - the REJECTION letter from home office does not state any eligibility as next step either for appeal or admin review ?

5. Can he apply for skilled worker visa from UK ,if he found a sponsorship now ?

User avatar
zimba
Moderator
Posts: 23178
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
Mood:
United Kingdom

Re: ILR eligibility via long-term residence

Post by zimba » Sun Jul 21, 2024 2:27 pm

I asked you a question and you failed to answer it. So refrain from repeating the same questions until you provide the answer.
I already told you that 'not valid' and 'not eligible' are not the same things and understanding this is critical in determining the next course of action. So again, did UKVI reject that application as invalid ?
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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