SET (LR) application eligibility query

Niyati · Post by **Niyati** » Sun Dec 09, 2018 6:07 am

Hello 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 Bcz it took so long my employer didn't want to employ me anymore and he withdrawn my application in around July 2017.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 AR was refused too bcz they said we can't do anything your employer withdrawn it.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

marcnath · Post by **marcnath** » Sun Dec 09, 2018 8:03 am

Niyati wrote: ↑
Sun Dec 09, 2018 6:07 am
Hello 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 Bcz it took so long my employer didn't want to employ me anymore and he withdrawn my application in around July 2017.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 AR was refused too bcz they said we can't do anything your employer withdrawn it.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

No, it does not look like you are eligible. You are currently an overstayer so any LR application will be rejected.

Do you have family here ? What was the basis of FLR (FP) ?

Scorpio1986 · Post by **Scorpio1986** » Sun Dec 09, 2018 8:47 am

Niyati wrote: ↑
Sun Dec 09, 2018 6:04 am
Hello 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 · Post by **Scorpio1986** » Sun Dec 09, 2018 8:56 am

Scorpio1986 wrote: ↑
Sun Dec 09, 2018 8:47 am

Niyati wrote: ↑
Sun Dec 09, 2018 6:04 am
Hello 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 .

Niyati:

Even my i was on Tier2 and didn’t get any curtailment and I applied for ilr . I am waiting for a decision.

I want to know on what grounds you applied flr(o). And why the home office refused. Could please ellonorate your case . It may help me . I am tensed about my ilr result.

Niyati · Post by **Niyati** » Sun Dec 09, 2018 9:30 am

Hello
Thanks for reply.
Yes I have a family. I have a 4 years old son.
When I was applied for FLR(o) in 2014 I was pregnant and nearly due.
And now applied for FLR(fp) on the basis of family life.

Niyati · Post by **Niyati** » Sun Dec 09, 2018 9:39 am

Hi
My FLR(o) initially rejected or refused. They normally don't consider FLR(o) applications. Bcz I had appeal rights so I claimed in the court that I didn't receive any curtailment letter (in 2014 they were giving curtailment letters) and I am pregnant how I am going to find sponsorship. So they considered all my situation and gave some time to find a new sponsorship.

marcnath · Post by **marcnath** » Sun Dec 09, 2018 9:43 am

Scorpio1986 wrote: ↑
Sun Dec 09, 2018 8:47 am

Niyati wrote: ↑
Sun Dec 09, 2018 6:04 am
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.

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.

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.

Scorpio1986 · Post by **Scorpio1986** » Sun Dec 09, 2018 12:26 pm

marcnath wrote: ↑
Sun Dec 09, 2018 9:43 am

Scorpio1986 wrote: ↑
Sun Dec 09, 2018 8:47 am

Niyati wrote: ↑
Sun Dec 09, 2018 6:04 am
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.

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.

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.

Marcnath:
Firstly when she applied for flr(o) even though she was refused she got appeal rights . She won the appeal and got a chance to make a new application . In this period her stay is not broken at all.

Secondly:
You said after ADmin review refusal her continuous stay is broken.
My friend was in the same situation after admin refusal within one week he made a fresh Tier2 application and his application was considered . Now he applied for Ilr. All his stay was counted as continuous stay and approved in Croydon last month.

Niyati · Post by **Niyati** » Mon Dec 17, 2018 9:12 pm

Hello 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

marcnath · Post by **marcnath** » Tue Dec 18, 2018 7:57 am

I see you repeated the question so I have split it into its own post.

I had already replied to your initial one but I'll let others do so now.

Immigrationboards.com: Immigration, work visa and work permit discussion board

SET (LR) application eligibility query

SET (LR) application eligibility query

Re: Long Residence (10 years) SET (LR) applications

Re: Long Residence (10 years) SET (LR) applications

Re: Long Residence (10 years) SET (LR) applications

Re: Long Residence (10 years) SET (LR) applications

Re: Long Residence (10 years) SET (LR) applications

Re: Long Residence (10 years) SET (LR) applications

Re: Long Residence (10 years) SET (LR) applications

Re: Long Residence (10 years) SET (LR) applications

Re: SET (LR) application eligibility query