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Hi,

I provided bio information on 1 Aug 2019. On the following day, I received an email from HO that

"I’m pleased to confirm that your application for leave has now been decided. You will receive your decision letter in due course. Thank you for using our super priority service.
"

In last 10 years, I had a signal gap which is 226 days in 2011- 2012 (517 days in total in 10 years) due to my grandmother was ill and passed away few months later. I asked HO to apply discretion to grant ILR. Although I haven't received the decision letter, I expect I have been rejected due to
a. no any updates at "right to work" website
b. HO didn't say the application has been granted. They only said the application has been decided.

Now I am holding Tier 2 (expired 1 Dec 2021) and I will be qualified to apply ILR (Tier 2) in Oct 2021 based on my salary and absence.

I just want to know the rejection record of SET(LR) will negatively affect my future application ILR (Tier 2)?

Thanks for your help.

Regards.

CL

I just want to know the rejection record of SET(LR) will negatively affect my future application ILR (Tier 2)?

No.

Hi There,
If the ILR gets refused, the current visa will be valid until it expires?

thanga1989 wrote: ↑

Tue Aug 06, 2019 2:07 pm

Hi There,
If the ILR gets refused, the current visa will be valid until it expires?

Please refrain from tagging onto other members topics. Stick to your own thread please.

indefinite-leave-to-remain/ilr-10-year- ... l#p1794729

CR001 wrote: ↑

Mon Aug 05, 2019 1:23 pm

I just want to know the rejection record of SET(LR) will negatively affect my future application ILR (Tier 2)?

No.

Today I received the refusal letter. HO refused to apply discretion as they thought it is not compelling enough.

Now I want to ask two extra questions.

1. Is it worth to appeal only to challenge that HO should apply discretion for my gap? I am holding Tier 2 until Dec 2021 and I will be qualified for ILR (Tier 2).

2. If the appeal is dismissed by the judge in the first-tier tribunal, will it negatively affect my further application?

Thanks for the help.

1. It is at discretion, ho does not have to apply discretion if they choose not to for a single absence of more than 180 days. You can't force them to either. The rules are very clear and there have been many refusal for excess absence.

2. No issue.