Eligibility for 10 years route for ILR
Posted: Sat Feb 13, 2016 1:50 pm
I would really appreciate a clear clarification on my stay from Gurus
Here is my situation:
I came to uk on student visa in jan2007 and finished my PG Diploma in sep 2008 and applied for PSW and got a visa until 7 Th November 2010. I went to india and returned to uk on the 28th November 2010 on dependant visa. I was on dependant visa till Aug 2014.
In short Student visa&PSW: Jan 2007-Nov 2010
Dependant visa : Nov 2010-aug 2014
My wife applied for Tier 2 visa in anticipation of getting licence for her employer. My wife's employer wanted to sponsor her and so they applied for the tier 2 sponsorship licence and got rejected 3 times which took nearly till the may 2015. During this period(from Aug 2014-May 2015) our application was returned invalid as My wife was unable to provide biometrics due to health problems. It happened two times where we resubmitted the application with in 28 day period.
My Wife got pregnant so no employer was willing to sponsor her. So we filed FLR(FP) application to ask some time till my wife gets back to normal health after her delivery. We realised later that the application should have been FLR(O) and so we wrote a letter to HO that we made a wrong application. Still the application was considered on the basis of FLR(FP) and got rejected.
My questions here are:
I have been here from Jan 2007 till now which is 9 years and 1 month. Would this 9.1 years be considered for the 10 years route as lawful stay?
One solicitor told that the 9.1 years stay has been broken because we made the FLR(FP) application. Is this true?
We are so worried.
We are now sending a Pre action protocol to the HO to reconsider the application based on FLR(O). And if the HO does not accept this, we would like to go for JR. The solicitor says it is up to the discretion of HO to consider or not to consider my stay.
Please clarify me if my stay will be counted towards 10 years ILR route.
Thank you very much.
Here is my situation:
I came to uk on student visa in jan2007 and finished my PG Diploma in sep 2008 and applied for PSW and got a visa until 7 Th November 2010. I went to india and returned to uk on the 28th November 2010 on dependant visa. I was on dependant visa till Aug 2014.
In short Student visa&PSW: Jan 2007-Nov 2010
Dependant visa : Nov 2010-aug 2014
My wife applied for Tier 2 visa in anticipation of getting licence for her employer. My wife's employer wanted to sponsor her and so they applied for the tier 2 sponsorship licence and got rejected 3 times which took nearly till the may 2015. During this period(from Aug 2014-May 2015) our application was returned invalid as My wife was unable to provide biometrics due to health problems. It happened two times where we resubmitted the application with in 28 day period.
My Wife got pregnant so no employer was willing to sponsor her. So we filed FLR(FP) application to ask some time till my wife gets back to normal health after her delivery. We realised later that the application should have been FLR(O) and so we wrote a letter to HO that we made a wrong application. Still the application was considered on the basis of FLR(FP) and got rejected.
My questions here are:
I have been here from Jan 2007 till now which is 9 years and 1 month. Would this 9.1 years be considered for the 10 years route as lawful stay?
One solicitor told that the 9.1 years stay has been broken because we made the FLR(FP) application. Is this true?
We are so worried.
We are now sending a Pre action protocol to the HO to reconsider the application based on FLR(O). And if the HO does not accept this, we would like to go for JR. The solicitor says it is up to the discretion of HO to consider or not to consider my stay.
Please clarify me if my stay will be counted towards 10 years ILR route.
Thank you very much.