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No, it does not look like you are eligible. You are currently an overstayer so any LR application will be rejected.Niyati wrote: ↑Sun Dec 09, 2018 6:07 amHello all.
I need some advice about my situation.
I came to this country in October 2009 on tier 4 student visa. Then got PSW from October 2011 till October 2013. And then applied for Tier 2 General visa from October 2013 but the company was cancelled my visa around may 2014 and did not receive any curtailment letter. And applied for FLR(o) it was rejected with appeal rights. I won the case on that I did not receive a curtailment letter so court gave me permission to look for another employer and apply for Tier 2 general visa (may 2015). So I got the job and applied for Tier 2 general visa in Feb 2016 the application was accepted. They did not decision on my case untill August 2017. Whenever I contacted them they said RLMT was not done properly that's y we r investigating. Bcz it took so long my employer didn't want to employ me anymore and he withdrawn my application in around July 2017. Then I went for AR. AR was refused too bcz they said we can't do anything your employer withdrawn it. Then I applied for FLR(fp) in September 2017 still in process. I want to know after all this mess am I eligible to apply for ILR on my long residency in September 2019.
Thanks
Niyati wrote: ↑Sun Dec 09, 2018 6:04 amHello all.
I need some advice about my situation.
I came to this country in October 2009 on tier 4 student visa. Then got PSW from October 2011 till October 2013. And then applied for Tier 2 General visa from October 2013 but the company was cancelled my visa around may 2014 and did not receive any curtailment letter. And applied for FLR(o) it was rejected with appeal rights. I won the case on that I did not receive a curtailment letter so court gave me permission to look for another employer and apply for Tier 2 general visa (may 2015). So I got the job and applied for Tier 2 general visa in Feb 2016 the application was accepted. They did not decision on my case untill August 2017. Whenever I contacted them they said RLMT was done properly that's y we r investigating. Bcz it took so long my employer didn't want to employ me anymore and he withdrawn my application in around July 2017. Then I went for AR. AR was refused too bcz they said we can't do anything your employer withdrawn it. Then I applied for FLR(fp) in September 2017 still in process. I want to know after all this mess am I eligible to apply for ILR on my long residency in September 2019.
Thanks
Scorpio1986 wrote: ↑Sun Dec 09, 2018 8:47 amNiyati wrote: ↑Sun Dec 09, 2018 6:04 amHello all.
I need some advice about my situation.
I came to this country in October 2009 on tier 4 student visa. Then got PSW from October 2011 till October 2013. And then applied for Tier 2 General visa from October 2013 but the company was cancelled my visa around may 2014 and did not receive any curtailment letter. And applied for FLR(o) it was rejected with appeal rights. I won the case on that I did not receive a curtailment letter so court gave me permission to look for another employer and apply for Tier 2 general visa (may 2015). So I got the job and applied for Tier 2 general visa in Feb 2016 the application was accepted. They did not decision on my case untill August 2017. Whenever I contacted them they said RLMT was done properly that's y we r investigating. Bcz it took so long my employer didn't want to employ me anymore and he withdrawn my application in around July 2017. Then I went for AR. AR was refused too bcz they said we can't do anything your employer withdrawn it. Then I applied for FLR(fp) in September 2017 still in process. I want to know after all this mess am I eligible to apply for ILR on my long residency in September 2019.
Thanks
Niyati:
You’re stay Is legal from October 2009 until your flr fp Application is decided. It will be considered as a continuous stay . By gods grace if you find a sponseror and vary it to the Tier2 or your flr fp decision kept pending until sept 2019 you can happily apply for Ilr.
Please keep in mind your flr fp application is the last chance . You can vary it to any other application but it must be successful or else you will break your section 3c.
All the best .
@scorpio1986 - please refrain from giving incorrect advice. OP is an overstayer from the moment the AR was refused and the continuous stay is broken. There is clause 39E which allows that overstay to be ignored once the FPR(FP) is approved.Scorpio1986 wrote: ↑Sun Dec 09, 2018 8:47 amNiyati wrote: ↑Sun Dec 09, 2018 6:04 amBcz it took so long my employer didn't want to employ me anymore and he withdrawn my application in around July 2017. Then I went for AR. AR was refused too bcz they said we can't do anything your employer withdrawn it. Then I applied for FLR(fp) in September 2017 still in process. I want to know after all this mess am I eligible to apply for ILR on my long residency in September 2019.
Niyati:
You’re stay Is legal from October 2009 until your flr fp Application is decided. It will be considered as a continuous stay . By gods grace if you find a sponseror and vary it to the Tier2 or your flr fp decision kept pending until sept 2019 you can happily apply for Ilr.
Please keep in mind your flr fp application is the last chance . You can vary it to any other application but it must be successful or else you will break your section 3c.
All the best .
Marcnath:marcnath wrote: ↑Sun Dec 09, 2018 9:43 am@scorpio1986 - please refrain from giving incorrect advice. OP is an overstayer from the moment the AR was refused and the continuous stay is broken. There is clause 39E which allows that overstay to be ignored once the FPR(FP) is approved.Scorpio1986 wrote: ↑Sun Dec 09, 2018 8:47 amNiyati wrote: ↑Sun Dec 09, 2018 6:04 amBcz it took so long my employer didn't want to employ me anymore and he withdrawn my application in around July 2017. Then I went for AR. AR was refused too bcz they said we can't do anything your employer withdrawn it. Then I applied for FLR(fp) in September 2017 still in process. I want to know after all this mess am I eligible to apply for ILR on my long residency in September 2019.
Niyati:
You’re stay Is legal from October 2009 until your flr fp Application is decided. It will be considered as a continuous stay . By gods grace if you find a sponseror and vary it to the Tier2 or your flr fp decision kept pending until sept 2019 you can happily apply for Ilr.
Please keep in mind your flr fp application is the last chance . You can vary it to any other application but it must be successful or else you will break your section 3c.
All the best .
It is not very clear on what basis OP was allowed to stay on after the FLR(O) rejection. It does not look like the Tier 2 was reinstated, so probably the stay was not legal but OP was just given protection against enforcement.