Immigrationboards.com

Hello there

I will be submitting my application for ILR next year.

I expect (hope) my application will be straightforward- I will be applying on the basis of a 5 year work visa, all of it spent with the same employer, without any visa gaps or long absences from the UK.

All the same, esp since immigration rules can be 'fluid', I want to prepare for a worst case scenario where my ILR application is rejected.

Since my work visa will expire around the same time as my ILR is determined, if my ILR application is rejected, does this mean I will need to leave the country?

Should I apply for another work visa or to extend my existing work visa, so that just in case my first application for ILR is rejected, I will still have the right to remain (and work) in the UK, while I appeal or resubmit my application?

many thanks

If you think that your settlement application may be refused for some reason(s), then apply for settlement only after getting your work visa extended.



regards

Hello,

I would also like to add that you may want to consider switching into your Tier 2 (?) or other current work category as soon as possible.

I was in a very similar situation, a work permit holder which was due to run out at the beginning of October. My employer and I also went initially to switch me into a Tier 2 before moving forward with a settlement app so there wouldn't be so much angst during the waiting period. We started this process in July. However, it took them until mid September before HO replied to my employer. Whilst she had been successful registering as a Sponsor, she would have to wait for a hearing in October/November before a decision would be made on whether she could offer me a Certificate of Sponsorship...and then it was looking as though I would not be granted that, even if successful, until 2011.

Not good. Had to rush forward with the Life in the UK Test as well as the Settlement app. We are both kicking ourselves that we should have started the Tier 2 switch sooner.

Still waiting on settlement app...Best of luck with yours!

Pamela

many thanks both for your replies.

I cant think of a reason why my application would be refused, but I'd rather be safe than sorry.

Im currently on a Tier 2 visa. I will look into getting it extended, so that Im not right on the line with my work visa expiring at the same time that I need my settlement to come through...just in case I get a 'no' back.