6 month short of 10 year lawful stay..Urgent advice needed!!

Dear Forum members,
Our Tier 1 ILR application has been refused with Admin Review upholding the original decision. We are now in a process of applying for Judicial review. I am dependent of my wife and she is the main applicant.

My query is I have been in the U.K lawfully since last 9 year and 6 months and now needs another 6 month for my 10 year route. One of the local NHS trust is happy to provide me tier 2 general work permit. I understand that as a dependent I have to go back to my home country for new entry clearance.

My questions are:
1. Will my lawful continuous period will be broken if it takes more than 28 days for me to apply tier 2 general from date of Admin review refusal?
2. Also is there any other category we can apply for from within the U.K.? FLR -LR / FP / O.

Any help,guidance or suggestions will be much appreciated.

Thanking you all in advance.

To all Moderators / Experts any advice will be much appreciated.

Patience. You only posted this earlier this morning.

Dear all seniors/ Moderators / Members

Following Tier 1 dependent ILR refusal need an advice as I am short of 5 months for completing my 10 year lawful stay.

History : Entered the U.K with student visa in 09/2006. further student extension / PSW extension / Tier 1 general dependent within the continuous period and eligible for 10 year ILR on 10 Aug 2016 counting 28 days grace period.

Q-1 : Now I am in my 28 days period for either to leave the country or apply with a fresh application. I am thinking of applying for FLR-FP for further extension. Any suggestion or advice will be much appreciated for any other route or applications and also can I work while awaiting for FLR FP outcome?

Q-2 : Also I have Tier 2 sponsor willing to provide work permit but I do understand that as a dependent of Tier 1 I need to go back to home country for new entry clearance. My question is will our current refusal can affect my Tier 2 application?

All thoughts are welcome and thank you in advance for all advice / suggestions.

Regards,

@ Lawful10yearilr, you did stated in your post;

''Following Tier 1 dependent ILR refusal need an advice as I am short of 5 months for completing my 10 year lawful stay.''

My questions are;

(1) Are you a dependant of someone whose ILR was refused? If yes, what's the full story about your spouse?

(2) Do you have any kid? If yes you might have a very good chance of applying for FLR (FP) base on article 8 of ECHR and eventually getting an appeal right if refused.

Topics merged.

@Olasunkanmi,

Thank you for your input.

1. Yes I am a dependent of my wife whose ILR based on Tier 1 general has been refused. She does contracting jobs through Umbrella PAYE so there is a discrepancy between her earnings to UKVI and HMRC as she gets some expenses like mileage / subsistence as tax free allowance form her pay. Our application refused under 322(5) for Deception.

2. We don't have any children.

3. I am planning to apply either for FLR -FP or also thinking about a putting a fresh application for ILR with more supporting documents.

cheers..!!

@ Lawful10yearilr, if the discrepancies in your wife pay is due to mistake or from the Umbrella company, then you guys can apply for JR of the refused application rather than submitting a fresh application which might also be refused base on the allegation of deception in your last application.

@Olasunkanmi,

JR could take months and my understanding is that while JR is in process both of us would be counted as an overstayer after 28 days and won't be able to work legally.

Also i have an Tier 2 employer willing to sponsor me but only reservation is that I need to leave U.K. to apply for Tier 2. Do you think this decision has any adverse effect on my Tier 2 application?

Appreciate your thoughts.

Thank you.

@ Lawful10yearilr, you need to explain whether the discrepancies in your wife pay is due to mistake by your wife or if its from the Umbrella company. Without full detail about your refused application, you won't be able to get correct advice by members who can help.

Do not ever think to go back, they will not allow you come back at-least 6 months (until your break complete). ECO can easily make any objection in interview where ECO will say I am not satisfied on ...... Even it is very easy for them to do a clerical mistake and you will fight back to remove that which will take 6 months to resolve. Strongly recommended not to go back until you sort out visa of your wife. ECO know very well that what could be your intention.

Do not think to go back to your home country. In January 2014 I resigned from Tier 2 job for higher studies. On 03 July 2014 my dependent in the UK got fully funded scholarship [(around £24000 for MSc degree, which includes tuition fee and maintenance funds) (same scholarship has been given to other three students at the same time)]. On 07 July 2014 my dependent withdraw Tier 4 dependent application and collected passport at Heathrow on 24 July 2014 departure. Please note: I did not withdraw my application as Tier 4 main applicant. On 08th August 2014 he applied as main applicant of Tier 4 (G) student from home country. British embassy made funny objection that funds are not sufficient on University scholarship letter. (Other two students who were new and never came to the UK got their visas). I contacted to university and showed the refusal letter, university acted quickly and increased funds to remove the objection. Filled new visa application on 03 September 2014. After 1 month and 13 days (15 October 2014) Embassy called for interview on the same date which was the last day for the enrollment at university. Interview went more than 90 minuts. On 27 October received refusal where ECO said I am not satisfied that you are a genuine student, and intended to study. You do not have done sufficient research about university, and course. You do not know any thing about your course. In-fact he has more than 5 years teaching experience of the same area and particularly similar subjects. Administrative review was also refused. Although university professor and scholarship awarding body both took interviews and consider me eligible for this scholarship.

In December 2014 UKVI sent me 60 days letter and I started my PhD studies in university and got visa in March 2015, expiry 2019. In April 2015 he applied new Tier 4 dependent application and got visa in one week.

So I would strongly recommend that you should not go back unless your main applicant visa not sorted out otherwise you will lose your 10 year continuity as well as stay away from your spouse for couple of years.

OP Hope your issue resolves soon. Have you considered:
Making an ILR application just for yourself first? Making an application under Human Rights?

Also,

"She does contracting jobs through Umbrella PAYE so there is a discrepancy between her earnings to UKVI and HMRC as she gets some expenses like mileage / subsistence as tax free allowance form her pay. Our application refused under 322(5) for Deception."

Could you explain what was the issue here? I thought any subsistence etc received is not taxed?

Please can you/ someone explain what does the UKVI object to here?

Does this mean that if you work through an umbrella company and receive certain expenses, you have to count them towards your tax free allowance?

From UKVI perspective, what is the best thing to do with expenses received such as mileage, subsistence etc? Count them towards your income and pay tax on them?

Thank you all.

If members have own questions on own cases suggest opening a separate topic so that OP's original question/issues are not lost.

Thanks Noajthan. I have posted a separate thread, I thought the OP would be the best to advise regarding that hence I posted here. Feel free to move/ merge the post. Thanks a lot.

gc1411 wrote:Thanks Noajthan. I have posted a separate thread, I thought the OP would be the best to advise regarding that hence I posted here. Feel free to move/ merge the post. Thanks a lot.

@gc1411, all good.

I don't think OP knows hence their questions. But trust the hive mind of the forum - someone will know and then we all will.