ILR Application " I need to show 12 months employment after Extension"

marcnath wrote: ↑

Fri Jun 28, 2019 7:13 am

uppal wrote: ↑

Fri Jun 28, 2019 6:19 am

Hi
As per my understandings residance conditions remains same for main applicant if apply within 14 days of refusal but dependant can not work after refusal.
I submit NHS fee with my both application.
When you applied for extension?
.

That is not correct.

Once the first application is refused, everyone becomes an overstayer and have no rights to stay in the UK. It is only that HO defers enforcement while the second application is in process, so everyone can continue to live here.

Strictly speaking, as an overstayer, there is no access to FREE NHS. You can always access NHS but have to pay for it. Again, this is something that does not seem to be enforced.

Hi Marc

I really have doubts on this.

when my first application was refused and I applied fresh application within 14 days, my solicitor didnt tell me that I am overstayer, nor did HO letters. I know HO is not very clear in this regard. This is a grey area.
My solicitor didnt advise me to remove myself from payroll.

however, when my second application was refused, then HO letters and solicitor clearly told me that I'll be overstayer. Solicitor clearly confirmed I shouldnt be on payroll now. HO letters state, leave UK or seek legal advice asap


from this ... it looks like one is not over stayer after refusal of first application, when fresh application is still in process, but definitely over stayer once fresh application is refused.

I know this is a grey area, but thats what I have observed.

Faheemryk wrote: ↑

Fri Jul 05, 2019 11:01 am

marcnath wrote: ↑

Fri Jun 28, 2019 7:13 am

uppal wrote: ↑

Fri Jun 28, 2019 6:19 am

Hi
As per my understandings residance conditions remains same for main applicant if apply within 14 days of refusal but dependant can not work after refusal.
I submit NHS fee with my both application.
When you applied for extension?
.

That is not correct.

Once the first application is refused, everyone becomes an overstayer and have no rights to stay in the UK. It is only that HO defers enforcement while the second application is in process, so everyone can continue to live here.

Strictly speaking, as an overstayer, there is no access to FREE NHS. You can always access NHS but have to pay for it. Again, this is something that does not seem to be enforced.

Hi Marc

I really have doubts on this.

when my first application was refused and I applied fresh application within 14 days, my solicitor didnt tell me that I am overstayer, nor did HO letters. I know HO is not very clear in this regard. This is a grey area.
My solicitor didnt advise me to remove myself from payroll.

however, when my second application was refused, then HO letters and solicitor clearly told me that I'll be overstayer. Solicitor clearly confirmed I shouldnt be on payroll now. HO letters state, leave UK or seek legal advice asap


from this ... it looks like one is not over stayer after refusal of first application, when fresh application is still in process, but definitely over stayer once fresh application is refused.

I know this is a grey area, but thats what I have observed.

There is nothing grey about it.

Section 3C is very clear that the previous grant conditions are only maintained until a final refusal. And when a second application is submitted (unless it is done before the end date of the initial grant), you will become an overstayer.

If you have left yourself on the payroll after the 1st refusal, I hope you have a written advice from the solicitor. You run the risk of curtailment/refusal of ILR if HO finds that out, though I think they are likely to not strictly enforce this.

Though it is interesting that your refusal letter did not mention anything. Most of the others who had a refusal have reported in this forum that their refusal letter did tell them to inform HO if they have a reason why they should not be deported. If your refusal letter did not have something to that effect, that would be very surprising.