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status if ILR rejected?

Posted: Wed Aug 17, 2011 11:10 pm
by a19b
Hello,

I have a question and am hoping someone can help please.

My Tier-1 visa expires on Dec1st, 2011.
I came into this country in end-Nov 2006 on WP and later switched to Tier-1.

I am eligible to apply for ILR on 1st Nov 2011.
I am planning to apply for ILR via same-day service.

However, if the case worker decides to put me through the postal route/ slow lane for whatever reason, it may take several weeks before a decision is made..!?

I understand my current visa status continues until the ILR decision has been made.
However, if for some reason, my ILR application gets rejected - say on Dec15th 2011, what happens then..?

I cannot apply for tier-1 extension as I would have already overstayed on my existing Tier-1 visa.
If I then go back to my country, I cannot come back as there is no new Tier-1 visa anymore.

Should I first apply for a Tier-1 extension and then a ILR?
Its a waste of £1000 but it atleast secures my living in the UK.

what do senior members of the board think..?

Please please advise as I am very worried now. :(

Thank you very much

Re: status if ILR rejected?

Posted: Wed Aug 17, 2011 11:21 pm
by fansn
We are on same boat, mine expires on Dec 1st too and will apply on Nov. 3rd. What I can do so far is check all the documents and be confident...

Re: status if ILR rejected?

Posted: Wed Aug 17, 2011 11:35 pm
by Lucapooka
fansn wrote:We are on same boat, mine expires on Dec 1st too and will apply on Nov. 3rd. What I can do so far is check all the documents and be confident...
Pay a competent immigration adviser for a document checking service.

Posted: Thu Aug 18, 2011 5:38 am
by zahid.ali.anwar
Hi a19b,

What are bases of your apprehensions? Why do you think that your visa is going to be refused.

I think, you can share your complete status/case on this board and let the seniors review your case. I am sure if you have any short coming in your case, they will advise you how to get that sorted. So no worries.

You have time, you can prepare your case for ILR.

Thanks,

Posted: Thu Aug 18, 2011 6:23 am
by vinny
You should get a right of appeal if your valid in-time application is refused and you have no leave remaining.

Posted: Thu Aug 18, 2011 10:28 am
by farah
a19b,

If you have apprehensions and neither you want to waste GBP nor to face appeal situation than go to Solihull PEO. If case worker is not satisfied with your ILR claim he would give you option to withdraw application and no fee would be taken.

Thereafter you can apply for FLR either through any PEO by taking a new appointment ( which are now a days available of the same week) and in case no appointment is available before your current leave expires than to file postal application.