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5 Year route ILR-Excuses for the brief periods without the visa
Posted: Sun Feb 25, 2024 10:59 am
by wannama
Hello Folks,
I wonder whether I need to explain these circumstance in a letter for the ILR application.
2017 Oct-2020 Dec- Tier 2
2020 Nov-2021 March - Global talent Application Stage 1 (just application)
2021 April - Skilled worker Visa
2023 Feb - company lay off
2023 Sep - Skilled worker visa application
2023 Oct - Curtailement Letter
2023 Oct - Skilled worker Visa
In 2023 Feb I was about to apply before the layoff as I was just over 5 years.
So around 7 months I was without a job, looking for a Job visa andI was about to make an application if needed if I get a letter. Should these needs to be mentioned.
Thanks in advance.
Re: 5 Year route ILR-Excuses for the brief periods without the visa
Posted: Sun Feb 25, 2024 11:11 am
by meself2
wannama wrote: ↑Sun Feb 25, 2024 10:59 am
2017 Oct-2020 Dec- Tier 2
2020 Nov-2021 March - Global talent Application Stage 1 (just application)
2021 April - Skilled worker Visa
So what were you doing between December 2020 and April 2021? Did you have a valid visa?
Re: 5 Year route ILR-Excuses for the brief periods without the visa
Posted: Sun Feb 25, 2024 11:40 am
by wannama
meself2 wrote: ↑Sun Feb 25, 2024 11:11 am
wannama wrote: ↑Sun Feb 25, 2024 10:59 am
2017 Oct-2020 Dec- Tier 2
2020 Nov-2021 March - Global talent Application Stage 1 (just application)
2021 April - Skilled worker Visa
So what were you doing between December 2020 and April 2021? Did you have a valid visa?
Ongoing Global Talent Visa Application (stage 1) + Covid Exceptional Assurance
Re: 5 Year route ILR-Excuses for the brief periods without the visa
Posted: Sun Feb 25, 2024 5:38 pm
by zimba
Exceptional assurance was not a form of leave. Your qualifying residence starts from the time you were granted a new skilled worker leave to remain in 2021, so you only can get ILR in 2026
indefinite-leave-to-remain/ilr-skilled- ... l#p2140390
Re: 5 Year route ILR-Excuses for the brief periods without the visa
Posted: Sun Feb 25, 2024 8:58 pm
by wannama
Hi Zimba,
Thanks for the reply.
I had a ongoing visa application (Tier 4- March ) which was submitted during the Covid exceptional assurance (from February to March 40 days), but was withdrawn (April) before any decision was made as I received a skilled worker offer.
Should these circumstances needs to be commnicated ?
Re: 5 Year route ILR-Excuses for the brief periods without the visa
Posted: Mon Feb 26, 2024 2:07 pm
by zimba
The dates suggest you had an ongoing Global Talent visa application. What happened to that ? Did you apply for that in Nov 2020 before visa expiry ?
Re: 5 Year route ILR-Excuses for the brief periods without the visa
Posted: Mon Feb 26, 2024 3:05 pm
by CR001
zimba wrote: ↑Mon Feb 26, 2024 2:07 pm
The dates suggest you had an ongoing Global Talent visa application. What happened to that ? Did you apply for that in Nov 2020 before visa expiry ?
Stage 1 endorsement, not a stage 2 visa application.
Re: 5 Year route ILR-Excuses for the brief periods without the visa
Posted: Mon Feb 26, 2024 3:08 pm
by zimba
CR001 wrote: ↑Mon Feb 26, 2024 3:05 pm
zimba wrote: ↑Mon Feb 26, 2024 2:07 pm
The dates suggest you had an ongoing Global Talent visa application. What happened to that ? Did you apply for that in Nov 2020 before visa expiry ?
Stage 1 endorsement, not a stage 2 visa application.
Thanks, noted. So my assumption is correct that the OP had no lawful residence between Dec 2020 and April 2021
Re: 5 Year route ILR-Excuses for the brief periods without the visa
Posted: Mon Feb 26, 2024 3:09 pm
by zimba
wannama wrote: ↑Sun Feb 25, 2024 8:58 pm
Hi Zimba,
Thanks for the reply.
I had a ongoing visa application (Tier 4- March ) which was submitted during the Covid exceptional assurance (from February to March 40 days), but was withdrawn (April) before any decision was made as I received a skilled worker offer.
Should these circumstances needs to be commnicated ?
This does not change anything. You had no lawful residence until your skilled worker visa was issued in April 2021, that is when the qualifying period for ILR can be counted from.
Re: 5 Year route ILR-Excuses for the brief periods without the visa
Posted: Mon Feb 26, 2024 10:15 pm
by wannama
zimba wrote: ↑Mon Feb 26, 2024 3:09 pm
wannama wrote: ↑Sun Feb 25, 2024 8:58 pm
Hi Zimba,
Thanks for the reply.
I had a ongoing visa application (Tier 4- March ) which was submitted during the Covid exceptional assurance (from February to March 40 days), but was withdrawn (April) before any decision was made as I received a skilled worker offer.
Should these circumstances needs to be commnicated ?
This does not change anything. You had no lawful residence until your skilled worker visa was issued in April 2021, that is when the qualifying period for ILR can be counted from.
Hi all,
Thanks..
Apologies I just double checked. Both applications had been made at once (stage 1 and stage 2)-payments has . Yes application has been submitted in Nov, before the expiry of previous visa.
Re: 5 Year route ILR-Excuses for the brief periods without the visa
Posted: Mon Feb 26, 2024 10:24 pm
by zimba
If you put in a stage 2 application before visa expiry, then why did you apply for exceptional assurance? What happened to your stage 2 application? You need to provide clear details
Re: 5 Year route ILR-Excuses for the brief periods without the visa
Posted: Tue Feb 27, 2024 9:06 am
by wannama
zimba wrote: ↑Mon Feb 26, 2024 10:24 pm
If you put in a stage 2 application before visa expiry, then why did you apply for exceptional assurance? What happened to your stage 2 application? You need to provide clear details
I kept asking for the status of the Stage 2 and didnt get a reply, then I thought its better to get an assurance as it was availble (it was a national lockdown period) just incase if stage2 has been dismissed due to the endorsement failure. Didnt receive any notification from stage 2. Then I even made an appllication for a Tier 4 and withdrew the application as I got an offer. Further biometrics for this application were not been able to submit as next available slot was months away. I requested a day for this but didnt bet a reply.
Should I explain these all circumstances in bullet points in a letter to avoid any confusion.
thanks in advance
Re: 5 Year route ILR-Excuses for the brief periods without the visa
Posted: Tue Feb 27, 2024 12:18 pm
by zimba
It is not about explaining. It is about the process. Again, if you did not have lawful residence then your explanation is irrelevant. The immigration system has very specific procedures to follow. A stage 2 application is a visa application, so you need to find out what happened to it and whether you had section 3C or not.
I'd suggest an SAR to be sure:
https://www.gov.uk/government/publicati ... mmigration
Re: 5 Year route ILR-Excuses for the brief periods without the visa
Posted: Tue Feb 27, 2024 1:30 pm
by wannama
zimba wrote: ↑Tue Feb 27, 2024 12:18 pm
It is not about explaining. It is about the process. Again, if you did not have lawful residence then your explanation is irrelevant. The immigration system has very specific procedures to follow. A stage 2 application is a visa application, so you need to find out what happened to it and whether you had section 3C or not.
I'd suggest an SAR to be sure:
https://www.gov.uk/government/publicati ... mmigration
Thank you very much.
I will look into that.
Thanks again!! Highly appreciated.
Re: 5 Year route ILR-Excuses for the brief periods without the visa
Posted: Thu Mar 14, 2024 3:06 pm
by zimba
UPDATE
Exceptional assurance will be disregarded under paragraph 39E.
After paragraph 39E(4), insert:
“(5) the period of overstaying:
(a) is between 1 September 2020 and 28 February 2023; and
(b) is covered by an exceptional assurance.
39F. For the purpose of paragraph 39E(5), “exceptional assurance” means a
written notice given to a person by the Home Office stating that they would
not be considered an overstayer for the period specified in the notice.”
https://assets.publishing.service.gov.u ... sible_.pdf