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Urgent help! ILR application while Admin review pending

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

Sha2019
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How to make strong & complex admin review to apply ILR

Post by Sha2019 » Wed Dec 04, 2019 1:38 am

Hi All

I appreciate your thoughts and suggestions on my case below:

I have recently been refused for my Tier 2 visa after 9 months from the date of application due to sponsor licence had been revoked. I have got admin review right which deadline is on 12 Dec 2019.

My ILR application is due on 28 Dec 2019 (28 days before 10 year).

There is only 16 days left for my ILR application (working days 7 due to weekends and Christmas holidays).

Can someone tell how to make a strong and complex admin review so home office will take time to respond?

How do you receive decision letter from admin review? By email or letter?

Thanks in advance.

Sha2019
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Urgent help! ILR application while Admin review pending

Post by Sha2019 » Sun Dec 22, 2019 12:00 am

Hi All

I have an administrative review pending with HO as of today on 22 Dec 2019.

My 10 year will be completed on 24 Jan 2020. Can I apply for ILR on 29 Dec 2019 (before 28 days)?

If you guys have recently applied for ILR from an admin review, please can you share your experience.

I will be really grateful to you.

Thanks.

Pran2020
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Re: Urgent help! ILR application while Admin review pending

Post by Pran2020 » Sun Dec 22, 2019 12:09 am

Have a look the link:
indefinite-leave-to-remain/apply-for-se ... 88994.html

I'm in the same condition. :)

Sha2019
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Re: Urgent help! ILR application while Admin review pending

Post by Sha2019 » Sun Dec 22, 2019 12:17 am

Thank you Pran.

I have looked at that post previously. I also made comment on that but no response. That post did not make it clear whether he got the visa or not.

Sha2019
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Re: Urgent help! ILR application while Admin review pending

Post by Sha2019 » Sun Dec 22, 2019 12:19 am

Hi Pran

so what are you planning to do?

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Re: Urgent help! ILR application while Admin review pending

Post by Pran2020 » Sun Dec 22, 2019 12:25 am

Fisamase89 » Tue Oct 01, 2019 10:14 pm
Hi everyone, got my ilr this afternoon, many many thanks to everyone for all the guidance, you guys made this process lot more easier. Thanks again

Just a little thing I want to mention that, I took the gamble and did apply for set ILR right after 2 days(on 24th oct)when I fall in the set ilr category when my admin review was pending. Got my documents back on 26 saying my admin review was automatically withdrawn on 23rd when I submitted the new set lr application. Did my biometrics on 30th September and today on 1st oct I got the confirmation that leave has been accepted.

Thanks again everyone for all the help.

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Re: Urgent help! ILR application while Admin review pending

Post by Sha2019 » Tue Dec 24, 2019 5:54 pm

Hi Pran
Thanks for sharing this.
But in this he mentioned that he went for ILR on 24th Oct. which is after completing full 10 years. As per his previous posts, he said that he was planning to go before 28 days which was 22 sept. Did you notice that or it just typo?

See this comments-
"Just a little thing I want to mention that, I took the gamble and did apply for set ILR right after 2 days(on 24th oct)when I fall in the set ilr category when my admin review was pending".

Thanks

Pran2020
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Re: Urgent help! ILR application while Admin review pending

Post by Pran2020 » Wed Dec 25, 2019 12:21 am

Fisamase89 » Tue Oct 01, 2019 10:14 pm - Post date

''did apply for set ILR right after 2 days(on 24th oct)when I fall in the set ilr category when my admin review was pending'' - He type oct instead or sep

''Did my biometrics on 30th September and today on 1st oct I got the confirmation that leave has been accepted.''

What are the chances he got ILR on 1st oct while he apply 24th oct? :o

Find ''Withdraw your request'' on https://www.gov.uk/ask-for-a-visa-admin ... -in-the-uk

So, now if you go through his post, you will be cleared.
By the way, if you post your details, I will try to help you! Cheers :)

Pran2020
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Re: Urgent help! ILR application while Admin review pending

Post by Pran2020 » Wed Dec 25, 2019 10:32 am


Pran2020
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Re: Urgent help! ILR application while Admin review pending

Post by Pran2020 » Wed Dec 25, 2019 1:22 pm

Check page 5 of https://assets.publishing.service.gov.u ... s-v8.0.pdf

The provision to permit exceptions for overstayers is found in paragraph 39E of the Immigration Rules

Sha2019
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Re: Urgent help! ILR application while Admin review pending

Post by Sha2019 » Wed Dec 25, 2019 4:41 pm

Hi Pran

Thanks for clarifications. That makes sense now.

My history as follows:

I came into the UK on 24/01/2010.
I have submitted AR on 12/12/2019 (due to Tier 2 refusal). The AR is still pending with HO.
28 days before 10 year is 28/12/2019.
10 year will be completed on 24/01/2020.
No previous breaks or gaps in immigration history.

Do I have to wait until 24/01/2020 to be able to apply for 10 year long residence. Because, due to recent case law (Juned & Ahmad).

Can I apply before 28 days of 10 years on 28/12/2019? Will HO refuse the ILR application because of not completing 10 years? As submitting ILR application while AR is pending will automatically withdraw the section 3c leave.

I have two dependants (wife and a child who was born in UK). Do I have to apply for both of them on the same day I apply for ILR application?

Thank you Pran for your help. Appreciated.

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zimba
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Re: Urgent help! ILR application while Admin review pending

Post by zimba » Thu Dec 26, 2019 3:40 am

Sha2019 wrote:
Wed Dec 25, 2019 4:41 pm
Can I apply before 28 days of 10 years on 28/12/2019? Will HO refuse the ILR application because of not completing 10 years? As submitting ILR application while AR is pending will automatically withdraw the section 3c leave.
Yes you can and HO will not refuse you as the 28 days concession applies
I have two dependants (wife and a child who was born in UK). Do I have to apply for both of them on the same day I apply for ILR application?
Wife must apply under FLR(M) and her 5 year ILR clock will reset to zero
UK born child can be directly registered as British using form MN1 after you are granted ILR
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Sha2019
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Re: Urgent help! ILR application while Admin review pending

Post by Sha2019 » Thu Dec 26, 2019 4:54 am

Hi Zimba

Thank you so much for your comments.

When do i need to apply for my wife? do i need to apply for my wife on the same day i apply for ILR application? Will she become overstayer, if i dont apply on the same day?

And, also if i apply for my son after i have granted ILR, will my son become overstayer until i apply for citizenship?

Please can you clarify?

Thanks

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zimba
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Re: Urgent help! ILR application while Admin review pending

Post by zimba » Thu Dec 26, 2019 9:10 pm

Sha2019 wrote:
Thu Dec 26, 2019 4:54 am
When do i need to apply for my wife? do i need to apply for my wife on the same day i apply for ILR application? Will she become overstayer, if i dont apply on the same day?
Assuming your wife does not have valid visa, she will become an overstayer. So apply for her on the same day
And, also if i apply for my son after i have granted ILR, will my son become overstayer until i apply for citizenship?
UK born children are unaffected by overstaying. Just apply for his registration after your ILR
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Sha2019
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Re: Urgent help! ILR application while Admin review pending

Post by Sha2019 » Fri Dec 27, 2019 2:00 am

Thank you Zimba for the clarification.

Just for own reference, do you have any links or notes in guidance that UK born child will not affected by overstaying. If you can share with me; i would be grateful to you.

Thanks

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Re: Urgent help! ILR application while Admin review pending

Post by bizman » Fri Dec 27, 2019 2:09 am

There are many posts on this platform that you can refer to that UK born child will not be affected, all you need to do is to register the child after your ILR is successful.
Bizman

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zimba
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Re: Urgent help! ILR application while Admin review pending

Post by zimba » Fri Dec 27, 2019 2:37 am

Sha2019 wrote:
Fri Dec 27, 2019 2:00 am
Thank you Zimba for the clarification.

Just for own reference, do you have any links or notes in guidance that UK born child will not affected by overstaying. If you can share with me; i would be grateful to you.

Thanks
A child born in the UK to a parent who is settled, gets an automatic entitlement to British citizenship. Therefore any overstaying is irrelevant under nationality law
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Sha2019
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Re: Urgent help! ILR application while Admin review pending

Post by Sha2019 » Fri Dec 27, 2019 12:45 pm

Thank you Zimba.

The reason I am a bit concerned the minute I will apply for ILR, my admin review will be withdrawn automatically. So, can my son Stay without applying for any visas until my ILR is granted? Thanks

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Re: Urgent help! ILR application while Admin review pending

Post by bizman » Fri Dec 27, 2019 12:51 pm

Yes he can. They might communicate with you to find out about the child’s whereabouts. Just tell them you are waiting for your ILR to come out so you can register the child.
Bizman

Sha2019
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Re: Urgent help! ILR application while Admin review pending

Post by Sha2019 » Fri Dec 27, 2019 10:01 pm

Thanks bizman.

Sha2019
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Re: Urgent help! ILR application while Admin review pending

Post by Sha2019 » Sat Dec 28, 2019 4:52 am

Hi Senior members and moderators

I have got different options from different sources since Juned Ahmad and Masum Ahmad cases have been reported.

Am I falling into this case law’s trap? Do I need to wait until completing 10 years?

Thanks everyone.

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Re: Urgent help! ILR application while Admin review pending

Post by Pran2020 » Sat Dec 28, 2019 11:45 am

Zimba wrote:
Thu Dec 26, 2019 9:10 pm
Sha2019 wrote:
Thu Dec 26, 2019 4:54 am
When do i need to apply for my wife? do i need to apply for my wife on the same day i apply for ILR application? Will she become overstayer, if i dont apply on the same day?
Assuming your wife does not have valid visa, she will become an overstayer. So apply for her on the same day
And, also if i apply for my son after i have granted ILR, will my son become overstayer until i apply for citizenship?
UK born children are unaffected by overstaying. Just apply for his registration after your ILR
I believe he includes his wife in the administrative review.
When he submit his ILR, his administrative review will cancelled.
His wife might have 14 days option to switch/apply a new application. In this case that is FLR(M).
But what are the chances to apply his ILR and her FLR(M) on the same day?
The basic rules for FLR is depends on partners successful ILR, not in the process.
On the application, she need to fill the ''Partners - Date of settlement obtained & need to confirm that she will provide the ''Evidence of her partner's immigration status in the UK''.
So, anyone give explanation for this.
What will happen, in case his ILR process delayed?
She has any chance to apply FLR(M) while she is in overstay?

Sha2019
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Re: Urgent help! ILR application while Admin review pending

Post by Sha2019 » Sat Dec 28, 2019 12:37 pm

Yes that’s right Pran.

We all included in the admin review including my wife and son.

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zimba
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Re: Urgent help! ILR application while Admin review pending

Post by zimba » Sat Dec 28, 2019 2:45 pm

Pran2020 wrote:
Sat Dec 28, 2019 11:45 am
I believe he includes his wife in the administrative review.
When he submit his ILR, his administrative review will cancelled.
His wife might have 14 days option to switch/apply a new application. In this case that is FLR(M).
But what are the chances to apply his ILR and her FLR(M) on the same day?
The basic rules for FLR is depends on partners successful ILR, not in the process.
On the application, she need to fill the ''Partners - Date of settlement obtained & need to confirm that she will provide the ''Evidence of her partner's immigration status in the UK''.
So, anyone give explanation for this.
What will happen, in case his ILR process delayed?
She has any chance to apply FLR(M) while she is in overstay?
When he applies for a new application their section 3C ends. The new applications will go ahead as they remain overstayers. Her FLR(M) will be held until his ILR is granted. Often it is advised to include a cover letter with FLR(M) to let the caseworker know that this is based on the pending ILR of her husband
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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Re: Urgent help! ILR application while Admin review pending

Post by zimba » Sat Dec 28, 2019 2:46 pm

Sha2019 wrote:
Sat Dec 28, 2019 4:52 am
Hi Senior members and moderators

I have got different options from different sources since Juned Ahmad and Masum Ahmad cases have been reported.

Am I falling into this case law’s trap? Do I need to wait until completing 10 years?

Thanks everyone.
No. They are not relevant to you as explained before. When you apply you will be eligible for ILR on that day. For those cases, they were not eligible for ILR on the day of their application (unlike you)
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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