- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe
Hi Zimba88zimba88 wrote:You can apply up to 28 days before your 10 year continuous stay completes for ILR, this will leave you with almost 3 months gap. HO is now aware the people are trying to abuse FLR to bridge the gap in their stay to get ILR, so expect your application to be refused very quickly.
You should know that if you apply for FLR and get a rejection, you become an over stayer as your visa runs out. Even if you apply for your extension afterwards, your application will be out of time and you remain an over stayer for the whole period of the extension application. Anything beyond 28 days overstay will break your 10 year continuous stay.
You knew this in advance and had to prepare for your extension during the last 3 years, so do not be surprised if things do not work out.
You last statement can be from up to 30 days before the date of your application. Can you manage the 90 consecutive days which maintaining the 30 days rule ??The difficulty is coming for the maintenance funds which is lacking 18 days out of 90 consecutive days.
Are their any other solutions available for such issue?
Hello legalkhanlegalkhan wrote:@ jaykalpe01
Zimba88 might be right but let me have my view on your situation which looks a bit different.
Your main focus is to cover the 3 months gap excluding the 28 days before your 10 years completion.
If you apply for FLRO (which I don't know if you can or not but lets assume you can) then take out about 10 to 15 days for clearing the cheque, acknowledgement latter and biometric latter. after receiving your biotric latter you have almost 19 days including weekend days to enrol your biometric. Roughly one more month is already gone. you enrolled your biomatric, your application will start processing and let say takes 20 days and God forbid you get rejection then still you have 28 days to apply for entrepreneur extension. Again God forbid you get a rejection here as well with in manimum 2 weeks time, here I believe you have 14 days to apply JR, in these 14 days you apply for ILR say on 12th day. This way you can cover 3 months but again it my personal view and would highly recommend you to go for 2 to 3 different solicitors and discuss your situation and the 2nd problem is it will cost you a fortune.
Its just a rough idea=10+19+20+28+14+14=105 days covered
When the current visa expire, If I apply for extension on that day, I would be missing 18 days of consecutive 90 days maintenance requirement.zimba88 wrote:You last statement can be from up to 30 days before the date of your application. Can you manage the 90 consecutive days which maintaining the 30 days rule ??The difficulty is coming for the maintenance funds which is lacking 18 days out of 90 consecutive days.
Are their any other solutions available for such issue?
This scheme will not work. There is no magic 28 days rule where you can apply for a new application after a rejection when you have no visa. HO simply ignores 28 days of over staying and that is how you get 28 days magic number ! If you do not have a visa when you apply, you ARE an over stayer and remain as such even if you apply for a new application. If your application takes more than 28 days, then your continuous 10 year period is broken, so no ILR any more. Also there is no right to appeal. JR is outside immigration rules and does not extend your stay or give you ANY rights to stay here.legalkhan wrote:@ jaykalpe01
Zimba88 might be right but let me have my view on your situation which looks a bit different.
Your main focus is to cover the 3 months gap excluding the 28 days before your 10 years completion.
If you apply for FLRO (which I don't know if you can or not but lets assume you can) then take out about 10 to 15 days for clearing the cheque, acknowledgement latter and biometric latter. after receiving your biotric latter you have almost 19 days including weekend days to enrol your biometric. Roughly one more month is already gone. you enrolled your biomatric, your application will start processing and let say takes 20 days and God forbid you get rejection then still you have 28 days to apply for entrepreneur extension. Again God forbid you get a rejection here as well with in manimum 2 weeks time, here I believe you have 14 days to apply JR, in these 14 days you apply for ILR say on 12th day. This way you can cover 3 months but again it my personal view and would highly recommend you to go for 2 to 3 different solicitors and discuss your situation and the 2nd problem is it will cost you a fortune.
Its just a rough idea=10+19+20+28+14+14=105 days covered
Your time is very limited and you cannot do much to be honestWhen the current visa expire, If I apply for extension on that day, I would be missing 18 days of consecutive 90 days maintenance requirement.
I'm sorry I do not follow the 30 days rule, what you are referring to?
Once again not sure if I understood you correctly. For example the visa is expiring on 18 Mayzimba88 wrote:This scheme will not work. There is no magic 28 days rule where you can apply for a new application after a rejection when you have no visa. HO simply ignores 28 days of over staying and that is how you get 28 days magic number ! If you do not have a visa when you apply, you ARE an over stayer and remain as such even if you apply for a new application. If your application takes more than 28 days, then your continuous 10 year period is broken, so no ILR any more. Also there is no right to appeal. JR is outside immigration rules and does not extend your stay or give you ANY rights to stay here.legalkhan wrote:@ jaykalpe01
Zimba88 might be right but let me have my view on your situation which looks a bit different.
Your main focus is to cover the 3 months gap excluding the 28 days before your 10 years completion.
If you apply for FLRO (which I don't know if you can or not but lets assume you can) then take out about 10 to 15 days for clearing the cheque, acknowledgement latter and biometric latter. after receiving your biotric latter you have almost 19 days including weekend days to enrol your biometric. Roughly one more month is already gone. you enrolled your biomatric, your application will start processing and let say takes 20 days and God forbid you get rejection then still you have 28 days to apply for entrepreneur extension. Again God forbid you get a rejection here as well with in manimum 2 weeks time, here I believe you have 14 days to apply JR, in these 14 days you apply for ILR say on 12th day. This way you can cover 3 months but again it my personal view and would highly recommend you to go for 2 to 3 different solicitors and discuss your situation and the 2nd problem is it will cost you a fortune.
Its just a rough idea=10+19+20+28+14+14=105 days covered
Your time is very limited and you cannot do much to be honestWhen the current visa expire, If I apply for extension on that day, I would be missing 18 days of consecutive 90 days maintenance requirement.
I'm sorry I do not follow the 30 days rule, what you are referring to?
Your last statement date must be within 30 days of your application day. If you go back 18 days, do you have 90 days consecutive days of maintenance or not ??
Forget the date of expiry.Once again not sure if I understood you correctly. For example the visa is expiring on 18 May
If I submit bank statement Dated 17 May it would show full maintenance, If I submit Statement from 01-03-2016 it will show full maintenance. Only if I submit the statement before 01-03-2016 It won't show the full maintenance records.
As far as I know it breaks your 10 year continuous period if you apply for a fresh application when you have no visa. I explained above what 28 days mean. If you have no valid visa when you application is rejected and AR is concluded, the section 3C rule that extend you right to stay here will end, so you become and over stayer.googleit wrote:Hi
You can apply for extension of your visa , if after giving biometrics and waiting period it rejects , by that time your maintenance statement of 90 days would be ready. You can reapply within 28 days. It won't break your 10 year continuity
From HO guide, page 9: https://www.gov.uk/government/uploads/s ... _clean.pdfMigrant’s status following submission of an application within 28 days of overstaying
The submission of an application within the 28 day period of overstaying does not mean the migrant’s previous leave is either re-instated or extended.Therefore an applicant without valid leave at the point they submit their application continues to be an overstayer from the point their leave expired and throughout the period their application is pending.
As the applicant has no leave during the period their application is pending they have no permission to work in the UK
28 days are considered as over stay but disregarded for ILR. I quoted the exact rules that says a migrant making an out of time application is an over stayer. A typical application takes more than 28 days which HO will not disregardgoogleit wrote:Your solicitor and few members are confusing you. You can apply with in 28 days after expiring your existing leave and these 28 days are not regarded as overstay period for ILR application based on 10 years. If you think your 90 days maintenance statement would be ready in next 18 days, do wait for another 18 days and then apply for Tier 1 Entrepreneur extension, You can check the rules in policy guidance for long residency.
Dont confuse yourself by making other applications and complicating your case..
Hello googleit,googleit wrote:Your solicitor and few members are confusing you. You can apply with in 28 days after expiring your existing leave and these 28 days are not regarded as overstay period for ILR application based on 10 years. If you think your 90 days maintenance statement would be ready in next 18 days, do wait for another 18 days and then apply for Tier 1 Entrepreneur extension, You can check the rules in policy guidance for long residency.
Dont confuse yourself by making other applications and complicating your case..
hi kalpeshjaykalpe01 wrote:Dear All,
My Tier 1 extension is due and I will be qualified for 10 Years Indefinite Leave to Remain in 4 months from the expiration of the tier 1 visa. I am in a difficult situation here to apply for extension for Tier 1 Entrepreneur Visa.
I have been suggested following route:
Apply for FLRO and wait on that and then apply for tier 1 Entrepreneur Visa Extension and then wait on that, you can then be able to cover 4 months and then apply for Indefinite Leave to Remain.
Can someone please share any information on this? What would be the safe way to do so?
Please help!
Thank You
Kalpesh
hi kalpeshjaykalpe01 wrote:Dear All,
My Tier 1 extension is due and I will be qualified for 10 Years Indefinite Leave to Remain in 4 months from the expiration of the tier 1 visa. I am in a difficult situation here to apply for extension for Tier 1 Entrepreneur Visa.
I have been suggested following route:
Apply for FLRO and wait on that and then apply for tier 1 Entrepreneur Visa Extension and then wait on that, you can then be able to cover 4 months and then apply for Indefinite Leave to Remain.
Can someone please share any information on this? What would be the safe way to do so?
Please help!
Thank You
Kalpesh
If the member in question had anything to say s/he would have posted something by now.paru.org wrote:hi kalpesh
plz update wat have u done for 4 months gap, i am in same situation, pls guide
e,thx ravi