mansoorb wrote: ↑Thu Dec 14, 2017 11:27 pm
Hi Experts,
I need some guidance on my ILR. I am in a very difficult situation . I am on a ICT Tier-2 visa and first landed in UK in July 2008 on a Work Permit. There after my employer sent me back to India in Dec 2012 and my new visas were issued in March 2013 with a gap of more than 28 days from the previous visa. So my clock started again. However, I will be completing 9.8 years in February 2018 and will be short of 4 months for ILR.
I met few solicitors and they said that in this situation, I should apply for ILR via Post in Feb 2018. As per them, the Home office will usually take 5-6 months to process my application and by that time, I would have completed my 10 years and will get ILR.
It is not that I do not trust my solicitor but wanted to know your thoughts and opinion.
1. Will the postal application work in my case and be considered?
2. Can I legally work during this period?
3. Is the 28 day gap between two visas applicable for a 10 year route ILR?
4. Anything that I should be aware off?
5. Is FLRO visa an option?
Sorry for so many questions but I am very confused at the moment. Your help will be much appreciated.
Thanks
Mansoor
Hi Mansoor
Although I could not answer all your question, I can answer a few of them according to my experience and what I have known.
Can I legally work during this period?
Yes you can as per their rule, when you submit an application, whatever visa you were currently on will remain valid during your application progress until decision is made.
Is the 28 day gap between two visas applicable for a 10 year route ILR?
This should not affect your continuous residence. You should only have worried about 28 days if you were renewing visa from inside UK and would be considered an overstayer if you stayed in uk for more than 28 days or submitted an application after 28 days after the expiry of your visa . The continuous chain would have been broken if you had been outisde the UK more than 6 months at one time or spend 18 months outside the UK throughout the whole 10 year period.
That is all I can tell you for now. Good luck mate.