Which way do I need to choose in order to apply long residence ILR?

mario1986 wrote: ↑

Thu Sep 05, 2019 8:49 am

Hi all, my application of ILR Tier1 entrepreneur 50k has just been refused and I can do the administrative review within 14 days. But my solicitor told me that the possibility of win the case is very low. So I have to think about the backup.

I can apply ILR long residence in August 2020.

Now I have a PhD offer and I can switch my visa to Tier 4. But the university told me that I can only switch it in my home country. Also, I am not sure if I can get CAS number within 14 days.

My questions are
1) If I can get CAS and apply Tier 4 outside the UK within 14 days. Can I apply ILR long residence next year?

2) If I can't get CAS within 14 days. I have to do administrative review in order to continue to live in the UK. When I get CAS, I will apply Tier 4 outside the UK. The administrative review is still processing at that time. One of the solicitors told me that the administrative review will be withdrawn automatically when I leave the UK. and I will have overstayed since I got the refused decision. and I can't not apply ILR long residence next year. Is that true?

I have asked many solicitors and they told me two different answers. Some of them said my 10 years didn't break. However others said it breaks. I do need some experts to help me clarify.

3) If I do the administrative review and the result is negative. Do I still have 14 days to prepare a fresh application? If so, can I apply tier 4 outside the UK after I get the administrative review result? In this case, can I apply ILR long residence next year?

I appreciate if some experts could help me.

dan883 wrote: ↑

Thu Sep 05, 2019 1:57 pm

I believe that your continuous residency will continue if you leave now and come back to the country within 6 months.

aman90 wrote: ↑

Thu Sep 05, 2019 9:46 am

Exception for overstayers
39E. This paragraph applies where:
(1) the application was made within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time; or
(2) the application was made:
(a) following the refusal of a previous application for leave which was made in-time; and
(b) within 14 days of:
(i) the refusal of the previous application for leave; or
(ii) the expiry of any leave extended by section 3C of the Immigration Act 1971; or
(iii) the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or
(iv) any administrative review or appeal being concluded, withdrawn or abandoned or lapsing

mario1986 wrote: ↑

Thu Sep 05, 2019 8:49 am

Hi all, my application of ILR Tier1 entrepreneur 50k has just been refused and I can do the administrative review within 14 days. But my solicitor told me that the possibility of win the case is very low. So I have to think about the backup.

I can apply ILR long residence in August 2020.

Now I have a PhD offer and I can switch my visa to Tier 4. But the university told me that I can only switch it in my home country. Also, I am not sure if I can get CAS number within 14 days.

My questions are
1) If I can get CAS and apply Tier 4 outside the UK within 14 days. Can I apply ILR long residence next year?

2) If I can't get CAS within 14 days. I have to do administrative review in order to continue to live in the UK. When I get CAS, I will apply Tier 4 outside the UK. The administrative review is still processing at that time. One of the solicitors told me that the administrative review will be withdrawn automatically when I leave the UK. and I will have overstayed since I got the refused decision. and I can't not apply ILR long residence next year. Is that true?

I have asked many solicitors and they told me two different answers. Some of them said my 10 years didn't break. However others said it breaks. I do need some experts to help me clarify.

3) If I do the administrative review and the result is negative. Do I still have 14 days to prepare a fresh application? If so, can I apply tier 4 outside the UK after I get the administrative review result? In this case, can I apply ILR long residence next year?

I appreciate if some experts could help me.

mario1986 wrote: ↑

Fri Sep 06, 2019 5:59 pm

I am now getting the CAS letter. and It's still within 14 days. Can I apply the Tier 4 visa overseas to make the continuity for 10 years?
(I will post the reason of refusal when everything is done.)