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can i apply for ILR

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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

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choono
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can i apply for ILR

Post by choono » Sun May 28, 2017 3:15 pm

Hi,
I applied for tier1 general visa in April 2011, my visa got rejected for not providing the corroborating evidence. after repeated rejection from Home office and court decisions in my favour I finally got my tier 1 general visa in April 2017 for four and half years. my question is

As I have spent more than five years waiting for HO decision can I apply for ILR now .
Do I have to show income again If I want to apply for spouse visa, in 2011 my income band was 35,000
also is there any requirement for English language for my spouse

vinny
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Re: can i apply for ILR

Post by vinny » Mon May 29, 2017 12:16 am

Can you check your dates of when they granted the Tier 1 (General) and how long it was also for?
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choono
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Re: can i apply for ILR

Post by choono » Mon May 29, 2017 11:44 am

vinny wrote:Can you check your dates of when they granted the Tier 1 (General) and how long it was also for?
my leave to remain is from April 2017 until September 2021 (4.5 years)

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CR001
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Re: can i apply for ILR

Post by CR001 » Mon May 29, 2017 11:52 am

Are you sure it says 'Tier 1 General'?

It is not possible to have this visa after April 2018 or apply for ILR after April 2018.
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Mrchaany
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Re: can i apply for ILR

Post by Mrchaany » Mon May 29, 2017 1:38 pm

Yes tier 1 general extension has been stopped. So it means OP can only apply for SET O upon completion about this duration.
And for IlR long residency we need to see your previous timeline.
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vinny
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Re: can i apply for ILR

Post by vinny » Mon May 29, 2017 1:56 pm

245CD wrote:(m) The application for indefinite leave to remain must have been made before 6 April 2018.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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virgotash
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Re: can i apply for ILR

Post by virgotash » Mon May 29, 2017 7:34 pm

Hi,

Could you please give your time line for application and refusal. Its quite strange you got tier 1 general in April 2017 while even extension has been stopped in April 2015. This seems to me an exception to the law.

choono
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Re: can i apply for ILR

Post by choono » Thu Jun 01, 2017 1:43 am

I really appreciate for all the replies. just to make things clear below is the my timeline to get my visa

applied t1 general in April 2011, they reused in June 2011 stating I did not provided corroborating evidence for my income , I was not given right of appeal as I still have my PSW so the only option I have was to go to judicial review. I appealed in the high court but my legal representative submitted my case after due date( three months late) , high court refused for being late without actually opening the case. I took the case to the legal ombudsman against my legal representative. I won that case stating that I submitted all my documents and fee in time and it was my lawyers mistake which deprived me to defend myself . On the basis of ombudsman decision I applied a new application (FLR(O) in feb 2013. HO refused I appealed in lower tribunal judge asked the home office to relook in to my case . they refused again in 2014 I appealed again in lower tribunal got decision in my favour but HO refused to open my old file and refused again but they gave me right of appeal , which I did but on case day they withdrew in 2015. I was hoping decision in my favour but to my surprise I got another rejection 3rd time after court instructed HO to reconsider my appeal. luckily I was given right of appeal in lower tribunal in 2016 again judge gave decision in my favour for the fourth time, finally in august 2016 HO allowed my application and said I will receive my BRP in 10 days. I did not received my BRP then they asked to submit new biometrics but still did not received my card when I contacted them they send another letter to give biometrics again still no BRP ,I contacted my local MP to look in to this matter and fourth time I was asked to submit biometrics which I did and finally I got my card in April 2017. Length of my visa is up to sep 2021 and the visa is tier1 general.
I would be really thankful If any body could reply my other questions.

choono
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Re: can i apply for ILR

Post by choono » Thu Jun 01, 2017 1:48 am

CR001 wrote:Are you sure it says 'Tier 1 General'?

It is not possible to have this visa after April 2018 or apply for ILR after April 2018.
Thanks for your reply, O yes it Clearly states T1 general , though I will be eligible for 10 years in 2019, but is there anything I could do, to apply ILR before that.
Also I would appreciate if u could reply my other questions.

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