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ILR basis of 10 years rule ( during application process T1

Posted: Sun Feb 03, 2013 11:57 pm
by amjadleeds
hi everyone,

I applied ILR on basis of ten year rules,still my application in process. My Tier1 visa going to expire in Middle of March, If due to any reason up to that date cant get decision on my application of ILR, can I apply Tier1 extension, what will be happen my ILR if I apply for extension.
If I dont apply for extension, then they will allow me to apply later date when my application for ILR decide, so income last fifteen month need to show before expiry my previous tier1 or before apply tier1.

Your advice will be really appreciate in my scenario.

Regards

Posted: Mon Feb 04, 2013 10:34 am
by wpilr_nov12
You continue to be protected by a rule commonly called 3C if you have submitted an in-time application, and your current leave expires before a decision is made (approval or refusal) on the application you have submitted. If the application is refused, you will continue to be protected until you have exhausted all appeals process/rights. During this period, you are expected to be doing what you are doing prior to the application (studying on the same programme, working for the same employer etc....).

In your case, if your ILR application is refused, by which time your current leave would have expired. Whether you can still apply to extend your current leave at that point, I would wait for experts to reply.