Vary Application for ILR - 4.5 Months Gap

Hi Gurus / Senior members,

Here is my visa history details.

UK entry on 1st July 2007 - Student visa
2010 PSW visa based on MSc then
2012 - Tier 2 general Visa
In November 2016 company licences got revoked and I received my curtailment letter.
I'll be eligible for ILR on 1st July 2017 but if applied before 28 days that means I'll have 4.5 months to become eligible.

I am planning to vary my application based on Private life in the UK (10 year route). I am going attach my mortgage letter for my property to make the application a bit stronger.

Is there anything to be attached the list below and what other things I need to be careful while filling the form.

- FLR FP Form
- BRP
- 2 Photos
- Life in the UK Test
- MSc certificate
- Bank statements
- Mortgage letter

Thanks,

Hi DEMO,
Whilst you are waiting for the gurus/senior member advice l want to confirm something from you.
You said that your company licence was revoked in November and you got a curtailment letter. Is your tier 2 visa not linked with your continuous employment in that organisation. Was there no condition or need attached to the curtailment letter for you to look for another sponsor or are they normally grace period that will lead you to continues stay to qualify for the 10 years route.

Assuming that the curtailment letter would not have any significance to your LR application but if it would have you should have used another form flr(f) to make up for the 4.5mnths shortage.
Thanks.

Hi Zing,

Thanks for taking an interest to find out more.

In November, My company license got revoked and the director told that no need to worry about it we have filled a court case straigt away. We got court hearing next week and from the director point of view, 99% it will will settle down but let's say the decision goes against the company then I'll have a few days left so I'm preparing in advance beside I tired to look for sponsors as mentioned in the curtailment letter but no luck yet and last month was xmas holiday so most of them were unavailable.

There is no FLR(F) form on HO site.

DEMO wrote:There is no FLR(F) form on HO site.

FLR(FP) - do bear in mind that these are frequently refused as being 'frivolous and vexatious' applications. HO is very much on top of 'buying time' type applications.

Thanks CR001,

What other options do I have for this type of situation for ILR. I have been reading in this forum that some people tried to apply and dragged applications closer to ILR period.

DEMO wrote:I have been reading in this forum that some people tried to apply and dragged applications closer to ILR period.

Yes, this used to work, but now HO is very aware of this time buying tactic and these applications are refused quicker than previously where they would take many months.

If you have no other option, you can try and hold thumbs it works out for you.

This is where I should have posted this.

I don't understand HO rules. While I sympathise with people in the gap situation (I was in the same boat at one point and had to get married to cover ), HO should not count any time spent under a rejected frivolous FP etc. application towards ILR clock to stop variations. You see them trying to curb immigration in genuine cases and then they go around granting ILR for people who clearly fall short of the set criteria. How come they don't simply start to not count such time

Do I need to attach a letter saying that to Vary my application. What do I need to write to make my case strong is there any format for that ? And in the FLR FP form, I select the option ('Private life in the UK (10 year route)') and fill this section in the form right ?

@CR001

Just got a question here.

If I leave before my visa expire and apply for another tier 2 visa from outside UK, will my ILR still count if I come back within a month or two ?

If you leave the UK you will be subject to a 12 month cooling off period before you will be able to apply for another Tier 2 General visa.

Thanks Casa.
You always helpful.

I am going with FLR FP application if I leave then my 10 years period will washed out. Hope as I mentioned above details are good to go for my application. if you think anything I need to do then please feel free to let me know. I'll keep updated here as my application progress for ILR as there is a gap so UPS and DOWNS will be there.

@casa

One more question got here.

Do I need to apply for IHS when submitting FLR FP application ?

DEMO wrote:@casa

One more question got here.

Do I need to apply for IHS when submitting FLR FP application ?

Yes

Thanks @CR001

One more thing. In the form FLR - FP Section 5 - Your accommodation and finances. there is a question "5.6 Are you working in the UK?" what do you want to me to say here Yes/No ?

My company license got revoked and I have few days left before I send my application. Will it make any difference on my application even if says Yes ?

You must be honest, HO will check and if you have lied, it is deception.

You can explain the circumstances in the 'additional information' section or in a covering letter.

Thanks @CR001,

I am about to send my application tomorrow and my visa expires on tuesday but beside I am in talk with one company who may sponsor me so not sure if I send me application tomorrow and they come to me on tuesday with CoS and do all the required process on the same day. Can I still apply/go under tier 2 general visa while my application FLR-FP is on the way to HO with all original docs.

DEMO wrote:Thanks @CR001,

I am about to send my application tomorrow and my visa expires on tuesday but beside I am in talk with one company who may sponsor me so not sure if I send me application tomorrow and they come to me on tuesday with CoS and do all the required process on the same day. Can I still apply/go under tier 2 general visa while my application FLR-FP is on the way to HO with all original docs.

What about RLMT?

They must be carrying out the RLMT and aware of my situation.

If I send my application on tuesday morning via next day delivery. Does it count as over stayed one day because HO will receive next day which is on Wednesday.

I've submitted my application for ILR while I wait for my parent company to release CoS which will take sometime.

Can I continue working with third party ? I haven't resign my job where my current company placed me and contract is still there running until 24th of feb.

Any seniors gurus to help here ??

If I get CoS after my curtailment visa passed(60 days) when can I apply for tier 2 visa is that has to be within 14 days or 28 days period ? is that my continues long residency period broken ?

Hello,

I just keep you updated here about my application if any interested.

I have received a letter from HO for biometric and other letter saying as below.

"Your application raises issues relating to the European Convention on Human Rights which are complex in nature. As such, it falls outside our normal service standards for deciding leave to remain applications. Please be assured that we will make a decision on your case as quickly as possible."

- Can I go for biometric now or wait ?

Anyone help / advice would be appreciated.

You need to provide your biometrics as requested in the letter. Failure to do so will result in the application being rejected.

Thanks casa.

Beside I found tier 2 sponsor and my application is in process for FLR FP at the moment. What will happen if I apply for tier 2 visa. Does that means 10 years long residency period broken ?