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ILR refusal - what is next?

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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Zataak
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ILR refusal - what is next?

Post by Zataak » Mon Jun 16, 2014 5:57 pm

Hi Everyone,

Today, I been refused for ILR settlement because I has a simple police caution that I had received an year ago. According to Home Office with such caution you can only apply for settlement after 24 months. Which means now I can apply for ILR after 11 months.

My current tire-1 (General) that I had extended two years ago is expiring on 10th July I have the following question in mind.

Q1 - How should I extend my stay in UK now. Can I apply for another tier-1 (General) visa extension? How long that would be for considering I already had spent 5 years on Tier-1 which already include 1 extension?

Q2 - My wife dependent visa is also expiring on 10th July. Can I apply for myself and my wife extension on the same application or there would be two different application? Can anyone tell me which application we would need to use?

Q3- My son was born in March 2014. I was expecting that I would get the ILR today, and then can apply for my son's citizenship on the basis of my ILR. Now when I can not get ILR before 1 year should I apply for my son's dependent visa?

Q4- If I apply for my son's dependent visa and later after one year I get ILR. Can my son get citizenship at that time?

I shall be really grateful if someone will find sometime to reply my questions. Time is running out and I am not sure what options do I have at the moment. And really don't want to be in a situation where I have applied visa is wrong category.

Looking forward to you advice.

Kind Regards,

Zataak
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Re: ILR refusal - what is next?

Post by Zataak » Mon Jun 16, 2014 9:23 pm

Anyone care to answer my question?

glasgowguy
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Re: ILR refusal - what is next?

Post by glasgowguy » Mon Jun 16, 2014 10:03 pm

Hi..could you please elaborate what do u mean by simple police caution.....what is the reason..

montysingh
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Re: ILR refusal - what is next?

Post by montysingh » Mon Jun 16, 2014 11:12 pm

Hello Zataak Mate
i am in the same position as you are as well as i got driving convictions and hence couldnt apply for ILR.

Q1 - How should I extend my stay in UK now. Can I apply for another tier-1 (General) visa extension? How long that would be for considering I already had spent 5 years on Tier-1 which already include 1 extension?

Yes, just extend it as normal with Tier extension form along with your Wife and leave it for your son as a dependant as that is not required yet. It will cost another £3207 for yourself and your wife and hopefully you will get another 3 years on it. you need to apply exactly the same way as you did for your last extension.

The only thing that for tier 1 extension is you obviously need to show the maintenance funds for the last 3 months £1500 for you and your wife and £1600 i think after some date in July, so please check the date when you applying.

hope it helps

Zataak
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Re: ILR refusal - what is next?

Post by Zataak » Tue Jun 17, 2014 12:10 pm

montysingh wrote:Hello Zataak Mate
i am in the same position as you are as well as i got driving convictions and hence couldnt apply for ILR.

Q1 - How should I extend my stay in UK now. Can I apply for another tier-1 (General) visa extension? How long that would be for considering I already had spent 5 years on Tier-1 which already include 1 extension?

Yes, just extend it as normal with Tier extension form along with your Wife and leave it for your son as a dependant as that is not required yet. It will cost another £3207 for yourself and your wife and hopefully you will get another 3 years on it. you need to apply exactly the same way as you did for your last extension.

The only thing that for tier 1 extension is you obviously need to show the maintenance funds for the last 3 months £1500 for you and your wife and £1600 i think after some date in July, so please check the date when you applying.

hope it helps
Hi Monty,

Thanks for your reply. It's such a relief that you have directed me towards the right path.

Q1 - Can I ask you have you already applied for your second extension?
Q2 - Can I apply for my wife extension on the same application or separate application?
Q3 - I will need to specify criminal conviction on the extension application. Will it effect my application?
Q4 - I am thinking to apply for my and my wife's extension by post this time. What do you suggest?

Thank you.

Subtle
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Re: ILR refusal - what is next?

Post by Subtle » Tue Jun 17, 2014 2:24 pm

Zataak wrote:Hi Everyone,

Today, I been refused for ILR settlement because I has a simple police caution that I had received an year ago. According to Home Office with such caution you can only apply for settlement after 24 months. Which means now I can apply for ILR after 11 months.

My current tire-1 (General) that I had extended two years ago is expiring on 10th July I have the following question in mind.

Q1 - How should I extend my stay in UK now. Can I apply for another tier-1 (General) visa extension? How long that would be for considering I already had spent 5 years on Tier-1 which already include 1 extension?

Q2 - My wife dependent visa is also expiring on 10th July. Can I apply for myself and my wife extension on the same application or there would be two different application? Can anyone tell me which application we would need to use?

Q3- My son was born in March 2014. I was expecting that I would get the ILR today, and then can apply for my son's citizenship on the basis of my ILR. Now when I can not get ILR before 1 year should I apply for my son's dependent visa?

Q4- If I apply for my son's dependent visa and later after one year I get ILR. Can my son get citizenship at that time?

I shall be really grateful if someone will find sometime to reply my questions. Time is running out and I am not sure what options do I have at the moment. And really don't want to be in a situation where I have applied visa is wrong category.

Looking forward to you advice.

Kind Regards,

1 – Apply for another T1-G extension. You’ll be given either 2 or 3 years of extension based on your current extension. i.e. if you currently have 2 years extension, you’ll be given 2 years not 3. Apparently there is no limit on how many times you can get extension to your T1-G visa.

2 – You would need to use the form called T1-G for yourself. Download here.
https://www.gov.uk/tier-1-general/apply

For your dependent, you need to complete PBS Dependent form. Download here.
https://www.gov.uk/government/publicati ... -dependant

3 – You only need to apply for your son’s visa if your son is over 18 years old (obviously) and he is travelling out of UK.

4 – You can apply for your son’s registration as British National after you get ILR. No need to apply for his dependant visa if he doesn’t travel out of UK before your get ILR.

Applying by post or by premium services is entirely down to your personal choice. A rule of thumb is that if you need your visa quickly (for travelling purposes) you apply for premium service. Otherwise, save some money and apply by post.
The views and opinions expressed in this post are exclusively mine and must be assumed as advice only. These do not necessarily reflect the official policy or position of any representative of the UK Home Office.

UKBALoveStory
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Re: ILR refusal - what is next?

Post by UKBALoveStory » Tue Jun 17, 2014 3:27 pm

4 – You can apply for your son’s registration as British National after you get ILR. No need to apply for his dependant visa if he doesn’t travel out of UK before your get ILR.
True, however he will be treated as over stayer for any subsequent "leave to remain" requests if you wish to make one.
I am not an immigration adviser...All IMHO.

Subtle
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Posts: 116
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Re: ILR refusal - what is next?

Post by Subtle » Tue Jun 17, 2014 3:38 pm

UKBALoveStory wrote:
4 – You can apply for your son’s registration as British National after you get ILR. No need to apply for his dependant visa if he doesn’t travel out of UK before your get ILR.
True, however he will be treated as over stayer for any subsequent "leave to remain" requests if you wish to make one.
His son is only 4/5 months old and I assume the couple has not applied for any extension after his birth. And the definition of over stayer is "someone who has stayed in UK, after his visa expired". His son never had a visa and doesn't need one unless leaving the country and returning. So he can't be over stayer even if the couple apply for extension for themselves only. Am I right?

His son can live in the UK without a visa for as long as he can until he turns 10 years old (or perhaps 18) or he wishes to leave UK and return.
The views and opinions expressed in this post are exclusively mine and must be assumed as advice only. These do not necessarily reflect the official policy or position of any representative of the UK Home Office.

UKBALoveStory
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Re: ILR refusal - what is next?

Post by UKBALoveStory » Tue Jun 17, 2014 3:47 pm

I assume the couple has not applied for any extension after his birth.
if true, then you are right. If he has any current leave to remain then I am right :)
I am not an immigration adviser...All IMHO.

Zataak
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Re: ILR refusal - what is next?

Post by Zataak » Tue Jun 17, 2014 4:10 pm

DELTED
Last edited by Zataak on Tue Jun 17, 2014 4:11 pm, edited 1 time in total.

Zataak
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Re: ILR refusal - what is next?

Post by Zataak » Tue Jun 17, 2014 4:10 pm

UKBALoveStory wrote:
I assume the couple has not applied for any extension after his birth.
if true, then you are right. If he has any current leave to remain then I am right :)
Thank you for directing me in the right direction and specifically telling me what I should do next.

As far as for my son, he is only 3 months old and I am not applying for his visa at the moment. But if I apply for his dependent visa in future in order to go back home and later next year I get my ILR. Would my son still be able to get citizenship considering he will be on dependent visa at that time?

Also, I have heard when someone couldn't qualify for his ILR due to simple caution, Home Office have given them extension instead of refusing his application altogether. Is that true? I have been refused for ILR Yesterday at Croydon PEO, Is there still a chance I can ask them to extended my visa?

montysingh
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Re: ILR refusal - what is next?

Post by montysingh » Tue Jun 17, 2014 9:20 pm

Hi Zataak
To give you better advice i think everyone needs to know, what you mean by simple caution, when did you recieve it exact date and also what did you put on your SET O form?
i have seen cases where people applied for ILR with driving convictions and they were successfull but i think in most of the cases the conviction does not appear on their PNC or CRB.

In your case, you should have checked your PNC/SAR or CRB to check if its on your record, below is the exact information from General grounds for refusal
-------------------------------------------------------------------------------------------------------------------------------
This page tells you how to consider an application when an applicant has or has had a caution, warning and/or reprimand.
There are two forms of Police cautions administered in the UK.
 A simple caution, or
 A conditional caution, which has specific conditions attached the offender must satisfy.
Reprimands and final warnings are similar to cautions but are issued in the UK to those aged 17 or under.
A police caution forms part of a person's criminal record and therefore if a person has a caution within the relevant timeframe, you must:
 refuse the application (where mandatory), or
 consider refusing the application (where discretionary).
Where an applicant has multiple cautions, or one or more cautions alongside other non-custodial sentences, particularly over a short period of time, you must consider if you can refuse under the persistent offender and/or character, conduct and associations category. For further information, see related links:
 Persistent offenders
 Character, conduct or associations

so, you shouldn't have applied at the first place and saved the money and instead gone for Tier 1 extension.

Zataak
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Re: ILR refusal - what is next?

Post by Zataak » Tue Jun 17, 2014 9:29 pm

Thanks Monty, This was biggest mistake of my life that I didn't check immigration law and was so sure I will get the approval as simple caution is not a criminal conviction. But as my application is refused I came to know the law is been modified in Dec 2012.

Can you please give me answer to my questions I have asked in my last post

Q1 - As far as for my son, he is only 3 months old and I am not applying for his visa at the moment. But if I apply for his dependent visa in future in order to go back home and later next year I get my ILR. Would my son still be able to get citizenship considering he will be on dependent visa at that time?

Q2- Also, I have heard when someone couldn't qualify for his ILR due to simple caution, Home Office have given them extension instead of refusing his application altogether. Is that true? I have been refused for ILR Yesterday at Croydon PEO, Is there still a chance I can ask them to extend my visa?

montysingh
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Re: ILR refusal - what is next?

Post by montysingh » Tue Jun 17, 2014 10:12 pm

Hello Zataak

Mate if i was you, i would simply get my tier 1 extension now and then once another 11 months are passed for the caution apply for ILR. In the meantime avoid any travel and yes you can apply for your child as dependant but it will cost another £1607 + when you will get your ILR, you will need to pay another £1093 again and i simply dont see the point in applying for your child's tier 1 dependent visa now.

Regarding your 2nd question i believe what you asking is that you should have given discretionery leave instead of refusal because of your conviction. but unfortunately as you are on tier 1 visa and the option is available for you to simply extend it they did not issue discretionery leave in your case. I think Discretionery leave was given in a similar case but the person was applying with set M and not SET O form. here is the link and reasons
http://www.immigrationboards.com/indefi ... 66830.html

i hope this helps

Also, have you got the last 3 months maintenance funds for yourself and your partner and also for your child if you are still thinking about them to apply as well?

Zataak
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Re: ILR refusal - what is next?

Post by Zataak » Wed Jun 18, 2014 12:52 pm

Hi Monty,

Thanks for answering my question. Yes you are right there is no worth spending £1600 on my sons visa when you can avoid it for an year.

Yes, I was expecting if they can not approve my ILR at least they should have given me 1 year extension instead of the refusal but I guess that is not the case if you still have leave to remain in uk.

For the maintained funds & my previous earning I am giving them my last 12 months payslips and 31-05-2013 to 31-05-2014 bank statements and yes 1500 (900 + 600) is maintained for last three months in my bank.

Last night I was filling application of Tier-1 G dependent

M5; Under which category of the Points Based System has the main applicant applied?
I Selected : Tier 1 (General) - go to M6

M6; Has the PBS main applicant’s application been assessed in accordance with paragraphs
39 to 42 of the HSmP Forum ltd. Judicial review Policy Document?

I Selected : YES

M7; How long has the PBS main applicant been in the UK for?
I Selected : More than 12 months - go to M9

M9; Please tick the box below:
Option available is : I can confirm that I am providing evidence of having £600 in available funds. Go to M13

M13; You must provide evidence that you have access to available funds in order to support
yourself. Please tick the relevant box to confirm what evidence you are supplying:

Q1 - Is my anser to M6 is correct?
Q2 - In M9 & M13 why they are asking my wife to prove she has £600 in available funds? when she is cleary my dependent and I am the one who should show that I have £1500 in available funds for last 3 months.


Can you please clear me on these two question?

Many thanks in advance.

Subtle
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Re: ILR refusal - what is next?

Post by Subtle » Wed Jun 18, 2014 1:47 pm

M6: You should only select “Yes” if you ever had HSMP and you were covered under the judicial review. Otherwise select “No”.

Regarding your finances, your dependent does not need to have a bank account in her name and having required funds for a specific period. If you are the main source of her sustenance then you should give your financial details along with a cover letter explaining you have the responsibility of your dependent’s sustenance and making sure you have the required funds.
The views and opinions expressed in this post are exclusively mine and must be assumed as advice only. These do not necessarily reflect the official policy or position of any representative of the UK Home Office.

Zataak
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Re: ILR refusal - what is next?

Post by Zataak » Wed Jun 18, 2014 1:52 pm

Subtle wrote:M6: You should only select “Yes” if you ever had HSMP and you were covered under the judicial review. Otherwise select “No”.

Regarding your finances, your dependent does not need to have a bank account in her name and having required funds for a specific period. If you are the main source of her sustenance then you should give your financial details along with a cover letter explaining you have the responsibility of your dependent’s sustenance and making sure you have the required funds.

Thanks for the reply.

I understand I should say NO to M6.
Yes, I will provide my payslips and bank statements and will attach a cover letter as suggested. But to answer M9 & M13 should I tick mark the options or leave it as it?

montysingh
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Re: ILR refusal - what is next?

Post by montysingh » Wed Jun 18, 2014 9:46 pm

Dear Zataak

Hope you ok buddy

Please note the reason you need to tick M9 & M13 is because in main applicant form it does not actually ask for your dependant's maintenance funds and only ask for yours. So even though you are providing the evidence with statements of your bank account for both yourself and your partner but you need to tick yes on her form as well for M9 and M13
I hope this clears it

prisat
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Re: ILR refusal - what is next?

Post by prisat » Wed Jun 18, 2014 10:17 pm

Subtle wrote: 1 – Apply for another T1-G extension. You’ll be given either 2 or 3 years of extension based on your current extension. i.e. if you currently have 2 years extension, you’ll be given 2 years not 3. Apparently there is no limit on how many times you can get extension to your T1-G visa.
Dear Subtle,

If i am not wrong, After April 2015 you can not make any extensions on T1 - General.
Disclaimer :

I am not from a law firm or an attorney who provide Consultation for Immigration to UK.
Information that i provide is not the same as legal advice or legal advises. Use the message (s) and information at your own risk.

Subtle
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Re: ILR refusal - what is next?

Post by Subtle » Wed Jun 18, 2014 10:20 pm

indianinworld wrote:
Subtle wrote: 1 – Apply for another T1-G extension. You’ll be given either 2 or 3 years of extension based on your current extension. i.e. if you currently have 2 years extension, you’ll be given 2 years not 3. Apparently there is no limit on how many times you can get extension to your T1-G visa.
Dear Subtle,

If i am not wrong, After April 2015 you can not make any extensions on T1 - General.
What I meant is that you can apply as many times as you want before the T1G is completely closed in 2015.
The views and opinions expressed in this post are exclusively mine and must be assumed as advice only. These do not necessarily reflect the official policy or position of any representative of the UK Home Office.

Zataak
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Re: ILR refusal - what is next?

Post by Zataak » Thu Jun 19, 2014 7:30 pm

Thank you every one for your time.

I shall be very thankful if anyone confirms I am sending the correct supporting documents required for my & my dependent wife's extension applications.

1- Passports (Myself & My wife) - Wife visa is on passport
2- BRP card (Myself)
3- Last 12 months payslips (Myself)
4- Last 12 months bank statement (Myself)
5- Last year P60 (Myself)
6- Employment Letter (Myself)
7- Birth certificate (My son's) - Because I had taken 2 weeks paternity leave in March.
8- Employer Letter (Myself) - Stating I had taken 2 weeks paternity leave in March.
9- Marriage Certificate - In English.

Q1 - Can I confirm, Although my wife is living with me in UK, Do I need to provide tenancy agreement to prove our resident place?

Q2 - Also, In my application I am mentioning (with dates) I took 2 weeks paid paternity leave in March which lies in last 12 months for which I am claiming points and as a proof I am giving evidence number 7 & 8 from the above list. Is that all fine?

Beside the above list of documents do I need to provide any other document to support my application?

Regards to All.

montysingh
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Re: ILR refusal - what is next?

Post by montysingh » Thu Jun 19, 2014 8:54 pm

hi zataak

see my pm plz

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