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Indefinite leave to remain rejected + Tier 2 visa Expired!

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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Frontier Mole
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Re: Indefinite leave to remain rejected + Tier 2 visa Expired!

Post by Frontier Mole » Fri Mar 08, 2019 11:15 pm

Whatever it takes Tier 2 or ILR but you have to be 100% sure you have met the absence criteria if you re-apply for ILR

prabhjot
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Re: Indefinite leave to remain rejected + Tier 2 visa Expired!

Post by prabhjot » Sat Mar 09, 2019 11:33 am

No guys, I calculated and still exceed the maximum no. of absences. So new ILR application is out of the picture. And i agree that since my tier 2 application is ready, there is no point in doing the appeal.

So i will submit online application today and then see what date i get an appointment for biometric submission. I presume if this is outside the 14 day period it is irrelevant as I have already submitted my tier 2 application right? Do i need to send a seperate letter to Home Office informing them about my application submission and that I now have a reason to stay?

Then once this hurdle is crossed, I'll just hope that they let me in on the biometrics day. I'll just have to leave it all to fate now :|

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aman90
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Re: Indefinite leave to remain rejected + Tier 2 visa Expired!

Post by aman90 » Sat Mar 09, 2019 12:00 pm

prabhjot wrote:
Sat Mar 09, 2019 11:33 am
No guys, I calculated and still exceed the maximum no. of absences. So new ILR application is out of the picture. And i agree that since my tier 2 application is ready, there is no point in doing the appeal.

So i will submit online application today and then see what date i get an appointment for biometric submission. I presume if this is outside the 14 day period it is irrelevant as I have already submitted my tier 2 application right? Do i need to send a seperate letter to Home Office informing them about my application submission and that I now have a reason to stay?

Then once this hurdle is crossed, I'll just hope that they let me in on the biometrics day. I'll just have to leave it all to fate now :|
😂...
Yes..you’ll be fine submitting it within the 14 days period with ur biometrics done after. Upload a coveting letter with the application.

prabhjot
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Re: Indefinite leave to remain rejected + Tier 2 visa Expired!

Post by prabhjot » Thu Mar 14, 2019 7:38 pm

Guys i submitted my tier2 application at the start of this week. Now the problem i am facing is whether i still have the right to work? From what i understand after my previous tier2 visa expired and during the time my ILR application was being processed, I was under 3C leave which meant I could still work. Then following refusal I was still under 3C as I was given the 14 day grace period.

But now that I have submitted a new application, am I still under 3C leave even after the 14 days and up until I get the decision of the new tier2 application?? And so still eligible to work??

1) ILR application submitted
2) Then tier2 visa expired (August)
3) 3C leave started
4) ILR refused--> 14day grace period (March)
5) DOES 3C STILL CONTINUE?
6) If yes, then i submitted a new tier 2 application within 14days--> SO AM I STILL IN 3C UNTIL DECISION?


My HR dept contacted the home office to do an ECS. And theyve said I dont have right to work because an application for leave to remain was submitted but this was done after the expiry of the previous leave.

Im guessing they've seen that my previous tier 2 expired in August and my current application was submitted in March, and hence made this decision. But I presume they havent considered my ILR application processing which has put me on 3C leave?

prabhjot
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Re: Indefinite leave to remain rejected + Tier 2 visa Expired!

Post by prabhjot » Thu Mar 14, 2019 10:55 pm

Anyone? please help :(

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CR001
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Re: Indefinite leave to remain rejected + Tier 2 visa Expired!

Post by CR001 » Thu Mar 14, 2019 11:22 pm

Your section 3c ended when your ilr was refused. As you did not appeal, you now have to wait for the tier to application to be granted before you have legal stay in the UK again.

You cannot work now.
Char (CR001 not Casa)
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prabhjot
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Re: Indefinite leave to remain rejected + Tier 2 visa Expired!

Post by prabhjot » Thu Mar 14, 2019 11:47 pm

Ok, thank you very much for clearing this up for me. Do you think there will be a hassle in them granting me a new tier 2 visa?

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marcnath
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Re: Indefinite leave to remain rejected + Tier 2 visa Expired!

Post by marcnath » Fri Mar 15, 2019 9:20 pm

prabhjot wrote:
Thu Mar 14, 2019 11:47 pm
Ok, thank you very much for clearing this up for me. Do you think there will be a hassle in them granting me a new tier 2 visa?
Your tier 2 will be considered under the normal Tier 2 processing. The fact that the ILR was refused should not have an impact.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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