Immigrationboards.com

Dear Experts

I got my first tier 2 on 16/11/2019 for 3 years and it was until 05/12/2022.
A week before my next renewal my company’s licence got revoked.

My solicitor advised me to apply for FLR(HRO) and I applied it on 04/12/2022 a day before first visa expiry

After few months on 13/07/2023 got a letter from home office saying FLR(HRO) application is invalid or rejected.

On 25/07/2023 applied another FLR private life route application.

In mean time I got a job from another company and they issued me COS and applied skilled worker visa on 09/09/2023.

On 13/02/2024 I got skilled worker visa approval.

5 years completed on 16/11/2024 from the first tier 2.

Immigration history

16/11/2019 -- First tier 2
05/12/2022 --- Brp expired
04/12/2022 ---FLR (HRO) application
13/07/2023— FLR GOT REJECTED
25/07/2023--- FLR private life route
09/09/2023 --- Skilled worker application
13/02/2024 ---Skilled worker Visa approval

Can I apply for ILR on 5 year route now . Do FLR applications made in between have negative impact. Please help me with best advice

Thanks in advance

A rejected application is treated like an application that was never made. So if your FLR was rejected as invalid, then your lawful residence ended in line with your BRP expiry on 05/12/2022 until you regularised your stay on 13/02/2024. So between these two dates, you did not have lawful residence.

First of all thank you so much for quick response

I have two doubts regarding this to ask you

1) Do clock reset again on 13/02/2024 or want to wait to cover that period(almost 14 months in between) and apply ILR after 14 months for 5 yr route.

2) Do the first FLR period until rejection date would count towards the lawful residence .

Please help me to clear these doubts.

Thanks in advance

You cannot have a gap of unlawful residence. You need to start the 5 years from scratch assuming the first FLR was rejected as invalid. Why was that FLR rejected as invalid rather than refused ?

Thank you so much for your reply. My FLR application was done by a solicitor . They forwarded me a mail from Home office which states

“We wrote to you on 18 January 2023 to notify you that your application or claim was invalid. We told you the specific reasons for this and gave you the opportunity to provide the required fee, additional information or documentation. You have failed to do so within the specified timescale and, for the reasons set out below your application or claim is being rejected as invalid. Please read this letter to ensure that you understand what you need to do in order to make a valid application.”

solicitor told this is normal and asked me to apply one more FLR with in 14 days and they applied second FLR for me.

FYI :- Last week ,I contacted them regarding ILR querry, at first they informed that I am fully eligible, but before submission they told me to try the luck as chances are 50-50.

What would you suggest

Oh dear. They are clearly totally incompetent and jeopardised your lawful residence. The whole 14-day thing is not relevant when it comes to invalid applications. This is why I often stressed to applicants on the forum not to rush to solicitors. Most of their advice often is either terrible or flat-out incorrect. They are also wrong that you qualify as you will certainly fail the requirements as explained

Thank you so much clear advice.

Do it will affect 10 year route ILR also as I came here in 2017 in tier 4

Yes. You cannot have any lawful residence break under any route