ILR - Tier 2G Question
Posted: Sat May 06, 2017 5:08 pm
Good day everyone,
I am asking on behalf of a friend. They are really worried during their 5 year T2G route there was one application they made which was rejected as invalid due to them having used the wrong application form. They subsequently reapplied promptly, but however at the time of reapplying their valid leave to remain had expired but however they were granted their T2G leave on the second application.
They are wondering if this could affect their ILR and if the following rules still apply,
'Where an applicant submits an application before their previous period of leave to
enter or remain expires, but the application is rejected as invalid after their leave
expires, the 28-day window in which the application may be submitted as an
overstayer will start from the date on which the application was rejected, rather than
when leave expired'?
The current amendments states the following,
Changes to Part 9
9.1 Delete paragraph 320(2A).
9.2 In paragraph 320(7B) for sub-paragraph (i) substitute:
“(i) overstayed for-
(a) 90 days or less, where the overstaying began before 6 April 2017:
or
(b) 30 days or less, where the overstaying began on or after 6 April
2017
and in either case, left the UK voluntarily, not at the expense (directly or
indirectly) of the Secretary of State;”
9.3 After paragraph 320(7B), insert:
“320(7BB). For the purposes of calculating the period of overstaying in
paragraph 320(7B)(i), the following will be disregarded:
(a) overstaying of up to 28 days, where, prior to 24 November 2016, an
application for leave to remain was made during that time, together with any
period of overstaying pending the determination of that application and any
related appeal or administrative review;
Will my friend be okay?
Regards
I am asking on behalf of a friend. They are really worried during their 5 year T2G route there was one application they made which was rejected as invalid due to them having used the wrong application form. They subsequently reapplied promptly, but however at the time of reapplying their valid leave to remain had expired but however they were granted their T2G leave on the second application.
They are wondering if this could affect their ILR and if the following rules still apply,
'Where an applicant submits an application before their previous period of leave to
enter or remain expires, but the application is rejected as invalid after their leave
expires, the 28-day window in which the application may be submitted as an
overstayer will start from the date on which the application was rejected, rather than
when leave expired'?
The current amendments states the following,
Changes to Part 9
9.1 Delete paragraph 320(2A).
9.2 In paragraph 320(7B) for sub-paragraph (i) substitute:
“(i) overstayed for-
(a) 90 days or less, where the overstaying began before 6 April 2017:
or
(b) 30 days or less, where the overstaying began on or after 6 April
2017
and in either case, left the UK voluntarily, not at the expense (directly or
indirectly) of the Secretary of State;”
9.3 After paragraph 320(7B), insert:
“320(7BB). For the purposes of calculating the period of overstaying in
paragraph 320(7B)(i), the following will be disregarded:
(a) overstaying of up to 28 days, where, prior to 24 November 2016, an
application for leave to remain was made during that time, together with any
period of overstaying pending the determination of that application and any
related appeal or administrative review;
Will my friend be okay?
Regards