FLR(FP)Private Life or ILR(10 years)?? Need some guidance

kumar114 · Post by **kumar114** » Tue Dec 18, 2018 12:29 pm

Hi
My current visa is Tier 2 but now curtailed till 7 Jan.
Brief history
SEP 2009 - Tier 4 (Msc)
2011 - PSW
SEP 2013 till DEC 2013 - My first Tier 2
Got curtailment letter in March 2014
Got a sponsor and applied for Tier 2. Refused due to not doing RLMT.
Managed to do RLMT and got my second Tier 2 in July 2014

July 2014 to June 2017 - Tier 2
Tier 2 extended till June 2019 but now curtailed till 7 Jan.
I am not working a the moment but my wife is.
She came as a dependant in August 2017 and we are expecting a baby in 6 months.

So I went to solicitor and was advised to apply for 10 year ILR long residence route, even though I was 9 months short in order to be 10 YEARS in UK. The solicitor claimed we could buy time with that and even if it gets refused, we could reapply and by then i will reach 10 years.

I also went to another solicitor.
And they suggested to apply for FLR(FP) Private Life.

Which one is more feasible?
Applying for FLR(FP)Private Life or ILR?

Kind regards
Kumar

cyclina1 · Post by **cyclina1** » Tue Dec 18, 2018 11:34 pm

kumar114 wrote: ↑
Tue Dec 18, 2018 12:29 pm
Hi
My current visa is Tier 2 but now curtailed till 7 Jan.
Brief history
SEP 2009 - Tier 4 (Msc)
2011 - PSW
SEP 2013 till DEC 2013 - My first Tier 2
Got curtailment letter in March 2014 (what is the date of curtailment in the letter?)
Got a sponsor and applied for Tier 2. Refused due to not doing RLMT.
Managed to do RLMT and got my second Tier 2 in July 2014

July 2014 to June 2017 - Tier 2
Tier 2 extended till June 2019 but now curtailed till 7 Jan.
I am not working a the moment but my wife is.
She came as a dependant in August 2017 and we are expecting a baby in 6 months.

So I went to solicitor and was advised to apply for 10 year ILR long residence route, even though I was 9 months short in order to be 10 YEARS in UK. The solicitor claimed we could buy time with that and even if it gets refused, we could reapply and by then i will reach 10 years.

I also went to another solicitor.
And they suggested to apply for FLR(FP) Private Life.

Which one is more feasible?
Applying for FLR(FP)Private Life or ILR? The purpose of both are buying time and hopefully the 3C leave can extend beyond sept 2019 to fulfill 10 years.

Kind regards
Kumar

kumar114 · Post by **kumar114** » Wed Dec 19, 2018 11:13 am

cyclina1 wrote: ↑
Tue Dec 18, 2018 11:34 pm

kumar114 wrote: ↑
Tue Dec 18, 2018 12:29 pm
Hi
My current visa is Tier 2 but now curtailed till 7 Jan.
Brief history
SEP 2009 - Tier 4 (Msc)
2011 - PSW
SEP 2013 till DEC 2013 - My first Tier 2
Got curtailment letter in March 2014 (what is the date of curtailment in the letter?)
Got a sponsor and applied for Tier 2. Refused due to not doing RLMT.
Managed to do RLMT and got my second Tier 2 in July 2014

July 2014 to June 2017 - Tier 2
Tier 2 extended till June 2019 but now curtailed till 7 Jan.
I am not working a the moment but my wife is.
She came as a dependant in August 2017 and we are expecting a baby in 6 months.

So I went to solicitor and was advised to apply for 10 year ILR long residence route, even though I was 9 months short in order to be 10 YEARS in UK. The solicitor claimed we could buy time with that and even if it gets refused, we could reapply and by then i will reach 10 years.

I also went to another solicitor.
And they suggested to apply for FLR(FP) Private Life.

Which one is more feasible?
Applying for FLR(FP)Private Life or ILR? The purpose of both are buying time and hopefully the 3C leave can extend beyond sept 2019 to fulfill 10 years.

Kind regards
Kumar

Hi cyclina1,
Curtailment date on the letter was 17 march 2014

kumar114 · Post by **kumar114** » Wed Dec 19, 2018 11:31 am

Hi cyclina1,
Below are the precise dates.
On 17 march 2014 my leave was curtailed until 16 May 2014.
So on 13 May, I applied for Tier 2 VISA but got refused because of not doing RLMT.

Then RLMT was done and finally visa was granted on 22 July 2014.

There is a more than a month gap before i made another application. Hope it doe not break my 10 years.

Hope this is clear.

Kind Regards
Kumar

cyclina1 · Post by **cyclina1** » Wed Dec 19, 2018 11:55 am

In this case you may need to consider if you have broken your lawful residency in.the UK, from 17 March 2014 until the date you granted Tier 2 on July 2014.

1) did you submit your Tier 2 (first one rejected) in time, means on or before 17 March 2014.

2) if (1) is Yes, did you applied your 2nd Tier 2 within 28days of refusal of the first one?

check the condition of 3C leave for (1)
https://assets.publishing.service.gov.u ... rGT-D4pqhg

and check if you broke your lawful residency for (2)
https://assets.publishing.service.gov.u ... 5WSSPhU_Jw

if both 1 and 2 are yes, then you can go ahead for 10 years ILR,

if either of them is NO, then you can save some money because your continuous residency has been broken. 10years route would not be successful.

kumar114 · Post by **kumar114** » Wed Dec 19, 2018 12:34 pm

cyclina1 wrote: ↑
Wed Dec 19, 2018 11:55 am
In this case you may need to consider if you have broken your lawful residency in.the UK, from 17 March 2014 until the date you granted Tier 2 on July 2014.

1) did you submit your Tier 2 (first one rejected) in time, means on or before 17 March 2014.

2) if (1) is Yes, did you applied your 2nd Tier 2 within 28days of refusal of the first one?

check the condition of 3C leave for (1)
https://assets.publishing.service.gov.u ... rGT-D4pqhg

and check if you broke your lawful residency for (2)
https://assets.publishing.service.gov.u ... 5WSSPhU_Jw

if both 1 and 2 are yes, then you can go ahead for 10 years ILR,

if either of them is NO, then you can save some money because your continuous residency has been broken. 10years route would not be successful.

1)17 March 2014 was the date I received curtailment letter. My visa was curtailed till 16 May 2014.
So I did applied before that date.
But on 13 May, I received letter saying it was unsuccessful because of not doing RLMT.

2)I did not applied within 28 days because of RLMT as the job needs to be posted for atleast 28 days.

I was just looking at the refusal letter.
On the letter it also says.
SECTION B: RIGHT OF APPEAL
You are not entitled to appeal this decision. Section 82 of the nationality Immigration and Asylum act 2002 does not provide a right of appeal where an applicant still has leave to enter or remain in the United kingdom and so is entitled to stay here.

You still have leave to remain where your current conditions continue to apply until 15 June 2015.

Does that mean I am good to apply?

cyclina1 · Post by **cyclina1** » Wed Dec 19, 2018 12:41 pm

So when did you submit your second Tier 2?

kumar114 · Post by **kumar114** » Wed Dec 19, 2018 12:41 pm

The above things were mentioned on the refusal letter

kumar114 · Post by **kumar114** » Wed Dec 19, 2018 12:43 pm

cyclina1 wrote: ↑
Wed Dec 19, 2018 12:41 pm
So when did you submit your second Tier 2?

I do not remember the date but for sure I submitted that before the curtailed date which is before 16 May 2014

cyclina1 · Post by **cyclina1** » Wed Dec 19, 2018 12:48 pm

you said your employer didn't do market test so rejected the first one, and didn't apply the second one within 28 days of the refusal of the first tier 2. Now you said you apply your second Tier 2 before 16 may 2014, which is contradictory.

kumar114 · Post by **kumar114** » Wed Dec 19, 2018 12:57 pm

cyclina1 wrote: ↑
Wed Dec 19, 2018 12:48 pm
you said your employer didn't do market test so rejected the first one, and didn't apply the second one within 28 days of the refusal of the first tier 2. Now you said you apply your second Tier 2 before 16 may 2014, which is contradictory.

Sorry for confusion.
Yes you'r correct. First application refused due to not doing market test.

And the second one, I didn't submitted within 28 days.

CR001 · Post by **CR001** » Wed Dec 19, 2018 12:59 pm

Based on your previous posts from that time, it seems unlikely you applied in May 2014 as you claim.

uk-tier-2-employer-sponsored-visas/rega ... l#p1393423

It really is unreasonable to expect any useful advice when you are unable to provide the exact dates of everything in the sequence of events.

kumar114 · Post by **kumar114** » Wed Dec 19, 2018 1:07 pm

CR001 wrote: ↑
Wed Dec 19, 2018 12:59 pm
Based on your previous posts from that time, it seems unlikely you applied in May 2014 as you claim.

uk-tier-2-employer-sponsored-visas/rega ... l#p1393423

It really is unreasonable to expect any useful advice when you are unable to provide the exact dates of everything in the sequence of events.

@CR001
the link that you send is for my second Tier 2 application after the first one got refused.

I didn't send second application within 28 days.

kumar114 · Post by **kumar114** » Wed Dec 19, 2018 1:16 pm

kumar114 wrote: ↑
Wed Dec 19, 2018 12:57 pm

cyclina1 wrote: ↑
Wed Dec 19, 2018 12:48 pm
you said your employer didn't do market test so rejected the first one, and didn't apply the second one within 28 days of the refusal of the first tier 2. Now you said you apply your second Tier 2 before 16 may 2014, which is contradictory.
Sorry for confusion.
Yes you'r correct. First application refused due to not doing market test.

And the second one, I didn't submitted within 28 days.

@cyclina1
Let me explain again.
SEP 2013 till DEC 2013 - My first Tier 2
Got curtailment letter in 17 March 2014. Visa was curtailed till 16 May 2014.
Got a sponsor and applied for Tier 2 before curtailed date. But got a refusal letter in 13 May 2014, saying RLMT not done.
Then managed to do RLMT and got Tier 2 visa in 22 July 2014. However, this application, i did not submitted within 28 days as the company had to do RLMT.

Refusal letter that I received on 13 May 2014 says like this
SECTION B: RIGHT OF APPEAL
You are not entitled to appeal this decision. Section 82 of the nationality Immigration and Asylum act 2002 does not provide a right of appeal where an applicant still has leave to enter or remain in the United kingdom and so is entitled to stay here.

You still have leave to remain where your current conditions continue to apply until 15 June 2015.

cyclina1 · Post by **cyclina1** » Thu Dec 20, 2018 12:59 am

kumar114 wrote: ↑
Wed Dec 19, 2018 12:57 pm

cyclina1 wrote: ↑
Wed Dec 19, 2018 12:48 pm
you said your employer didn't do market test so rejected the first one, and didn't apply the second one within 28 days of the refusal of the first tier 2. Now you said you apply your second Tier 2 before 16 may 2014, which is contradictory.
Sorry for confusion.
Yes you'r correct. First application refused due to not doing market test.

And the second one, I didn't submitted within 28 days.

As you mentioned in the refusal letter the HO said that you have leave to remain until 15 June 2014, so if you submitted the second tier 2 no more than 28 days from 15 June 2014, you didn't break the residence.

So you can try if above is true, but you must submit application before your current leave to remain expired (7 Jan 2019). if you get rejected (very likely) no matter FLR or ILR, you can only administrative review and then appeal and appeal, hopefully you can buy time until you satisfied 10 years. You CANNOT vary or withdrawn the appeal before 10 years satisfied or you will lose your section 3C leave immediately, and no one can rescue from this. Personally I think FLR should buy more time, because ILR is too obvious NOT eligible, may get reject very quickly.

kumar114 · Post by **kumar114** » Thu Dec 20, 2018 1:14 pm

cyclina1 wrote: ↑
Thu Dec 20, 2018 12:59 am

kumar114 wrote: ↑
Wed Dec 19, 2018 12:57 pm

cyclina1 wrote: ↑
Wed Dec 19, 2018 12:48 pm
you said your employer didn't do market test so rejected the first one, and didn't apply the second one within 28 days of the refusal of the first tier 2. Now you said you apply your second Tier 2 before 16 may 2014, which is contradictory.
Sorry for confusion.
Yes you'r correct. First application refused due to not doing market test.

And the second one, I didn't submitted within 28 days.
As you mentioned in the refusal letter the HO said that you have leave to remain until 15 June 2014, so if you submitted the second tier 2 no more than 28 days from 15 June 2014, you didn't break the residence.

So you can try if above is true, but you must submit application before your current leave to remain expired (7 Jan 2019). if you get rejected (very likely) no matter FLR or ILR, you can only administrative review and then appeal and appeal, hopefully you can buy time until you satisfied 10 years. You CANNOT vary or withdrawn the appeal before 10 years satisfied or you will lose your section 3C leave immediately, and no one can rescue from this. Personally I think FLR should buy more time, because ILR is too obvious NOT eligible, may get reject very quickly.

Thank you @cyclina1
I did asked the solicitor why don't we go for FLR - Private life and he said that if it gets refused there is no RIGHT OF APPEAL.
Is that the case?

cyclina1 · Post by **cyclina1** » Thu Dec 20, 2018 2:32 pm

i am not sure the right of appeal for FLR,

however, ILR 10 years route to me you may really have no right to appeal because your case is just too obvious, you don't have 10 years before sept 2019. Just hard fact, nothing to agrue.

cyclina1 · Post by **cyclina1** » Thu Dec 20, 2018 2:37 pm

but honestly, even FLR is quite well defined how and who to be eligible to apply, therefore both are risky.

kumar114 · Post by **kumar114** » Thu Dec 20, 2018 2:56 pm

cyclina1 wrote: ↑
Thu Dec 20, 2018 2:32 pm
i am not sure the right of appeal for FLR,

however, ILR 10 years route to me you may really have no right to appeal because your case is just too obvious, you don't have 10 years before sept 2019. Just hard fact, nothing to agrue.

If I go for ILR now, it will be refused for sure. Will I have any option after it gets refused?

cyclina1 · Post by **cyclina1** » Fri Dec 21, 2018 12:11 am

You can still do the Administrative review usually.

However, if you don't have right to appeal, unlikely you can last for 9 months in one application.

If you have right to appeal, 1st and upper tribunal together should be able to last for 9 months in most of the cases.

kumar114 · Post by **kumar114** » Fri Dec 21, 2018 12:06 pm

cyclina1 wrote: ↑
Fri Dec 21, 2018 12:11 am
You can still do the Administrative review usually.

However, if you don't have right to appeal, unlikely you can last for 9 months in one application.

If you have right to appeal, 1st and upper tribunal together should be able to last for 9 months in most of the cases.

Thank you cyclina1 for the information.

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FLR(FP)Private Life or ILR(10 years)?? Need some guidance

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