ILR Long Residence

hp2 · Post by **hp2** » Tue Sep 18, 2018 10:24 am

Hi all,

I will be applying for my ILR(LR) in End of this November. I have got a few queries on this.
I came to UK in December 2008 on Student, was on PSW and applied for Tier1 Ent but varied my application from Tier 1 to Tier 4. Then got extended.
My question is now, I was working for xxxx company for almost 5 to 6 months I guess. when I applied for tier1 Entr category whereas requested HO to change to Tier 4.
So they sent me the letter to make a new application.

Is there any issue when I applied for the ILR? as I was working during that period? did I break the rule as I was on my PSW?

cyclina1 · Post by **cyclina1** » Tue Sep 18, 2018 1:47 pm

you are OK, as you are still in valid PSW when you were working, so nothing is illegal.

hp2 · Post by **hp2** » Tue Sep 18, 2018 1:58 pm

Thank you for your reply.

Now, I wanted to double check that I remembered that I was working almost 5 to 6 months until I got my 60 days letter issued after the college was revoked. so still is that ok? ( Meanwhile, I do not have any valid visa as my documents were with HO)

Just a little concern that if that will be affected by bad of Characters?

CR001 · Post by **CR001** » Tue Sep 18, 2018 2:05 pm

Can you list your full UK immigration history in bullet points or numbered sequence so that we can understand your circumstances as your post is not clear/

hp2 · Post by **hp2** » Tue Sep 18, 2018 3:16 pm

CR001 wrote: ↑
Tue Sep 18, 2018 2:05 pm
Can you list your full UK immigration history in bullet points or numbered sequence so that we can understand your circumstances as your post is not clear/

Sure!

1. 1st visa entry clearance from 05/dec/2008
Entered Uk by 09/Dec/2008 on Student visa, valid until 18/07/2011. posted application for PSW on 14/07/2011.
2. PSW from 12/08/2011 till 12/08/2013.
3. T1 entrepreneur applied on 06/08/2013. but withdrawn my application due to some complication with the Partner application. so I had to go to a different application which was Tier 4. whereas HO sent the letter to the solicitor, saying a full right of appeal for NO advertisement was done. (my partner left the UK due to his personal circumstances). after no communication with the solicitor as being all handled by myself.

My Question here now,

(So I was working till HO permission letter for a new application to be made. Is that ok that I worked, will they cross-check on my HMRC checks report?)

4. I contacted the HO to vary my application to Tier 4. they sent me the letter that stating of 60 days time to make a fresh application.
Here, where I worked until before I got my 60 days letter on 18/03/2014.
5. then applied Tier 4 where I got extended until 20/05/2014 to 09/11/2016.
6. Tier 2 now from 24/11/2016 to 24/01/2020.

I believe I can apply for my ILR(LR) by 12/11/2018, right?
Hope you all got my points.

hp2 · Post by **hp2** » Tue Sep 18, 2018 5:56 pm

Hi CR001,

Could you please give me a clear window on this?

So I can start prepare my documents.

hp2 · Post by **hp2** » Tue Sep 18, 2018 5:56 pm

CR001 wrote: ↑
Tue Sep 18, 2018 2:05 pm
Can you list your full UK immigration history in bullet points or numbered sequence so that we can understand your circumstances as your post is not clear/

Hi CR001,

Could you please give me a clear window on this?

So I can start prepare my documents.

hp2 · Post by **hp2** » Wed Sep 19, 2018 10:52 am

hp2 wrote: ↑
Tue Sep 18, 2018 3:16 pm

CR001 wrote: ↑
Tue Sep 18, 2018 2:05 pm
Can you list your full UK immigration history in bullet points or numbered sequence so that we can understand your circumstances as your post is not clear/
Sure!

1. 1st visa entry clearance from 05/dec/2008
Entered Uk by 09/Dec/2008 on Student visa, valid until 18/07/2011. posted application for PSW on 14/07/2011.
2. PSW from 12/08/2011 till 12/08/2013.
3. T1 entrepreneur applied on 06/08/2013. but withdrawn my application due to some complication with the Partner application. so I had to go to a different application which was Tier 4. whereas HO sent the letter to the solicitor, saying a full right of appeal for NO advertisement was done. (my partner left the UK due to his personal circumstances). after no communication with the solicitor as being all handled by myself.

My Question here now,

(So I was working till HO permission letter for a new application to be made. Is that ok that I worked, will they cross-check on my HMRC checks report?)

4. I contacted the HO to vary my application to Tier 4. they sent me the letter that stating of 60 days time to make a fresh application.
Here, where I worked until before I got my 60 days letter on 18/03/2014.
5. then applied Tier 4 where I got extended until 20/05/2014 to 09/11/2016.
6. Tier 2 now from 24/11/2016 to 24/01/2020.

I believe I can apply for my ILR(LR) by 12/11/2018, right?
Hope you all got my points.

CR001, Could you please clarify on this?

hp2 · Post by **hp2** » Fri Sep 21, 2018 8:50 am

hp2 wrote: ↑
Wed Sep 19, 2018 10:52 am

hp2 wrote: ↑
Tue Sep 18, 2018 3:16 pm

CR001 wrote: ↑
Tue Sep 18, 2018 2:05 pm
Can you list your full UK immigration history in bullet points or numbered sequence so that we can understand your circumstances as your post is not clear/
Sure!

1. 1st visa entry clearance from 05/dec/2008
Entered Uk by 09/Dec/2008 on Student visa, valid until 18/07/2011. posted application for PSW on 14/07/2011.
2. PSW from 12/08/2011 till 12/08/2013.
3. T1 entrepreneur applied on 06/08/2013. but withdrawn my application due to some complication with the Partner application. so I had to go to a different application which was Tier 4. whereas HO sent the letter to the solicitor, saying a full right of appeal for NO advertisement was done. (my partner left the UK due to his personal circumstances). after no communication with the solicitor as being all handled by myself.

My Question here now,

(So I was working till HO permission letter for a new application to be made. Is that ok that I worked, will they cross-check on my HMRC checks report?)

4. I contacted the HO to vary my application to Tier 4. they sent me the letter that stating of 60 days time to make a fresh application.
Here, where I worked until before I got my 60 days letter on 18/03/2014.
5. then applied Tier 4 where I got extended until 20/05/2014 to 09/11/2016.
6. Tier 2 now from 24/11/2016 to 24/01/2020.

I believe I can apply for my ILR(LR) by 12/11/2018, right?
Hope you all got my points.

Hello All,

Could anyone please help me on this?

Many Thanks,

hp2 · Post by **hp2** » Sun Sep 23, 2018 4:32 am

Hi all,

Could you please advise on this for my eligibility and if I break the law in the middle where I asked my query.

1. 1st visa entry clearance from 05/dec/2008
Entered Uk by 09/Dec/2008 on Student visa, valid until 18/07/2011. posted application for PSW on 14/07/2011.
2. PSW from 12/08/2011 till 12/08/2013.
3. T1 entrepreneur applied on 06/08/2013. but withdrawn my application due to some complication with the Partner application. so I had to go to a different application which was Tier 4. whereas HO sent the letter to the solicitor, saying a full right of appeal for NO advertisement was done. (my partner left the UK due to his personal circumstances). after no communication with the solicitor as being all handled by myself.

My Question is here now,

(So I was working till HO permission letter for a new application to be made. Is that ok that I worked, will they cross-check on my HMRC checks report?)

4. I contacted the HO to vary my application to Tier 4. they sent me the letter that stating of 60 days time to make a fresh application.
Here, where I worked until before I got my 60 days letter on 18/03/2014.
5. then applied Tier 4 where I got extended until 20/05/2014 to 09/11/2016.
6. Tier 2 now from 24/11/2016 to 24/01/2020.

I believe I can apply for my ILR(LR) by 12/11/2018, right?
Hope you all got my points.

I have asked earlier still no responses from anyone hence posting again.

Please Help!

vinny · Post by **vinny** » Sun Sep 23, 2018 4:37 am

Posts merged.

hp2 · Post by **hp2** » Sun Sep 23, 2018 5:16 am

vinny wrote: ↑
Sun Sep 23, 2018 4:37 am
Posts merged.

This is shocking to me.

Why not answer to my query?

Love_GB · Post by **Love_GB** » Sun Sep 23, 2018 7:45 am

hp2 wrote: ↑
Sun Sep 23, 2018 5:16 am

vinny wrote: ↑
Sun Sep 23, 2018 4:37 am
Posts merged.
This is shocking to me.

Why not answer to my query?

Hello hp2,
I can understand your frustration and eagerness to get help , but not getting an Answer here does not mean they people are not willing to help , the moderators and members are doing their best to help , my understanding is that this forum is to share the knowledge and experience between members not giving definite legal advice , If I were you I would ask a solicitor at least in the part of your questions that are NOT clear to you, and do the rest of your application by yourself.
hope this has helped a bit

sonata · Post by **sonata** » Wed Sep 26, 2018 11:18 pm

It is really confusing what happened between 06/08/2013 and 20/05/2014.

There is a huge difference between withdrawing an application then applying for a new one in a different category and varying a pending application.

You made an in time application to switch to Tier 1 on 06/08/2013. On what date was this application "withdrawn"? If you withdrew this application after the 12/08/2013 any 3c protection you may have had came to an end, together with all the terms of your PSW (including right to work) and you will not have had any valid leave from the date the application was withdrawn.

If however, whilst your application for Tier 1 (06/08/2013) was still pending (i.e. awaiting a decision) and you wrote to UKVI requesting to switch to Tier 4 before they had made a decision, and had you not sent in a completed Tier 4 application form with that request, they should have written back to you asking you to fill one in. The time you are given to return the completed forms or any other missing information, photographs etc is not to be confused with the time they use to determine if a varied application is to be considered the same as the original application which i think is 90 days from the date of the original Tier 1 application (so the latest variation date for that application will have been the 04/11/2013). Had you returned the Tier 4 application form to them by this date your 3c protection is maintained together with your PSW terms until a decision on the varied application is made.

If however you had requested to vary your application near or after the 04/11/2013 it is possible that your Tier 4 will have been considered as a new application, meaning you had no valid leave from 12/08/2013 to whenever you got granted a the Tier 4.

I presume the "60-day letter" you refer to it is a curtailment letter you received. was this after you got a valid Tier 4 visa or one you received whilst you were still waiting for a decision on the variation to Tier 4 but your CAS sponsor's license was revoked ?

If this curtailment letter came whilst your application to vary to Tier 4 was still pending then its anybody's guess as to what happens when you vary a varied application. Because the CAS you submitted whilst varying to Tier 4 will now be invalid due to curtailment, essentially the decision will have been to defer your refusal for 60 days to allow you to find a new sponsor and resubmit a new Tier 4 application with a new CAS. It is difficult to guess what you were allowed to do (viz working ect) and not do under the rules during those 60 days.

hp2 · Post by **hp2** » Wed Sep 26, 2018 11:55 pm

sonata wrote: ↑
Wed Sep 26, 2018 11:18 pm
It is really confusing what happened between 06/08/2013 and 20/05/2014.

There is a huge difference between withdrawing an application then applying for a new one in a different category and varying a pending application.

You made an in time application to switch to Tier 1 on 06/08/2013. On what date was this application "withdrawn"? If you withdrew this application after the 12/08/2013 any 3c protection you may have had came to an end, together with all the terms of your PSW (including right to work) and you will not have had any valid leave from the date the application was withdrawn.

If however, whilst your application for Tier 1 (06/08/2013) was still pending (i.e. awaiting a decision) and you wrote to UKVI requesting to switch to Tier 4 before they had made a decision, and had you not sent in a completed Tier 4 application form with that request, they should have written back to you asking you to fill one in. The time you are given to return the completed forms or any other missing information, photographs etc is not to be confused with the time they use to determine if a varied application is to be considered the same as the original application which i think is 90 days from the date of the original Tier 1 application (so the latest variation date for that application will have been the 04/11/2013). Had you returned the Tier 4 application form to them by this date your 3c protection is maintained together with your PSW terms until a decision on the varied application is made.

If however you had requested to vary your application near or after the 04/11/2013 it is possible that your Tier 4 will have been considered as a new application, meaning you had no valid leave from 12/08/2013 to whenever you got granted a the Tier 4.

I presume the "60-day letter" you refer to it is a curtailment letter you received. was this after you got a valid Tier 4 visa or one you received whilst you were still waiting for a decision on the variation to Tier 4 but your CAS sponsor's license was revoked ?

If this curtailment letter came whilst your application to vary to Tier 4 was still pending then its anybody's guess as to what happens when you vary a varied application. Because the CAS you submitted whilst varying to Tier 4 will now be invalid due to curtailment, essentially the decision will have been to defer your refusal for 60 days to allow you to find a new sponsor and resubmit a new Tier 4 application with a new CAS. It is difficult to guess what you were allowed to do (viz working ect) and not do under the rules during those 60 days.

Thank you for your reply! I will quote it what had happened on below now

hp2 · Post by **hp2** » Thu Sep 27, 2018 12:15 am

sonata wrote: ↑
Wed Sep 26, 2018 11:18 pm
It is really confusing what happened between 06/08/2013 and 20/05/2014.

There is a huge difference between withdrawing an application then applying for a new one in a different category and varying a pending application.

You made an in time application to switch to Tier 1 on 06/08/2013. On what date was this application "withdrawn"? If you withdrew this application after the 12/08/2013 any 3c protection you may have had came to an end, together with all the terms of your PSW (including right to work) and you will not have had any valid leave from the date the application was withdrawn.

Basically, the solicitor received an outcome on 07/09/2013 with section 47 R.O.A. (I got this info on my SAR) whereas I requested my application to be considered in Tier 4 where they gave 60 days letter to make a fresh application and submitted within the time frame. then college was revoked and when the application to be considered. So all I wanted to know that whether will impact my application on ilr during those periods when I worked.

If however, whilst your application for Tier 1 (06/08/2013) was still pending (i.e. awaiting a decision) and you wrote to UKVI requesting to switch to Tier 4 before they had made a decision, and had you not sent in a completed Tier 4 application form with that request,(That is right they asked to make a new application) they should have written back to you asking you to fill one in. The time you are given to return the completed forms or any other missing information, photographs etc is not to be confused with the time they use to determine if a varied application is to be considered the same as the original application which i think is 90 days from the date of the original Tier 1 application (so the latest variation date for that application will have been the 04/11/2013). Had you returned the Tier 4 application form to them by this date your 3c protection is maintained together with your PSW terms until a decision on the varied application is made.

If however you had requested to vary your application near or after the 04/11/2013 it is possible that your Tier 4 will have been considered as a new application, meaning you had no valid leave from 12/08/2013 to whenever you got granted a the Tier 4.

I presume the "60-day letter" you refer to it is a curtailment letter you received. was this after you got a valid Tier 4 visa or one you received whilst you were still waiting for a decision on the variation to Tier 4 but your CAS sponsor's license was revoked ? received the curtailment letter when was pendingon next, 2nd college was granted.

If this curtailment letter came whilst your application to vary to Tier 4 was still pending then its anybody's guess as to what happens when you vary a varied application. Because the CAS you submitted whilst varying to Tier 4 will now be invalid due to curtailment, essentially the decision will have been to defer your refusal for 60 days to allow you to find a new sponsor and resubmit a new Tier 4 application with a new CAS. It is difficult to guess what you were allowed to do (viz working ect) and not do under the rules during those 60 days.

Please let me know if you can give me a clear window.

sonata · Post by **sonata** » Thu Sep 27, 2018 3:47 pm

Do you know the exact wording of the letter your solicitor received on the 07/09/2013?

From the looks of it it appears a decision had been made on the application you made on 06/08/2013 (irrespective of whether it was for Tier 1 or varied to Tier 4) and that decision was not to grant the visa.

It is therefore possible that you were without leave between the 07/09/2013 and the 20/05/2014 (254 days).

But its hard to tell without knowing what that decision was.

hp2 · Post by **hp2** » Thu Sep 27, 2018 11:12 pm

sonata wrote: ↑
Thu Sep 27, 2018 3:47 pm
Do you know the exact wording of the letter your solicitor received on the 07/09/2013?
the information was on my SAR.

From the looks of it it appears a decision had been made on the application you made on 06/08/2013 (irrespective of whether it was for Tier 1 or varied to Tier 4) and that decision was not to grant the visa.
Yes, it was on Tier 1 application whereas I requested HO to varied to T4 where I asked to change.
It is, therefore, possible that you were without leave between the 07/09/2013 and the 20/05/2014 (254 days).
Is that something that I overstayed that period during those period then? but It had been granted of my Tier4 then I got my Tier 2 after. still on Tier 2 though.
But its hard to tell without knowing what that decision was.

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