Over stayed previous can I apply ILR in tier 2 5year route

[silverocks]

Hi all

Heard of this board as very popular and very helpfull on the topic discussion from all aspects. So please consider my questions and please any information would be very helpfull. Thanks in advance.

I came to UK 2005 as a student applied for extention on 2007 using those money wasting colleges on that time but refused in 2009, did what I could but all in vain and finaly last application was refused on 14 May 2009. I can't recall when I received my passport but received the removal letter then went to report to a centre and I notified them that I am leaving and showed my return ticket. Atlast I left the UK on 23 june 2009, please note the dates here which is 38 days after the refusal date recorded in my passport. I dont know or recall why I made this delay.

I was granted a PBS student visa again after 11 month so back again to UK
Did my studies and switched to PSW for 2 years then fortunate enough to switched to Tier 2 visa with a nice job in IT. Just to let you guys know that every time I come to Uk from any holidays I would be stopped in Heathrow (or any border entry) everytime and go through the same questions about 2009 then the immigration officer goes in to speak to the supervisor and I would be held 1hr to 2hr at a time but eventually allowed me in all the time. Nevertheless I go to holidays every year anyway

Now all the info above is mentioned so that I can ask the following question and expect your expert and experience answer.

" Can I apply to settle in the UK after my 5 year completion of Tier 2?
If my previous history effects this how long I can't apply to settle."

Thanks for your patience

[Frontier Mole]

Your immigration history will not affect your ILR claim. The reason being you will qualify for 5 year lawful residency and that is the end of the matter.
If your overstaying was a real issue you would never have got back to the UK under PBS in the first place.
If you are going through the stopped at the airport routine... Complain to UKVI about it and they can do something about it. Don't bother complaining to Border Force they do not control the info that flags you up.

[silverocks]

Thanks a lot for your reply.

[physicskate]

Thanks a lot for your reply.

You probably will not be eligible for UK citizenship until at least 2019 (10 years after overstaying)... not that you asked, but just an FYI.

[silverocks]

Thanks for your reply. So you think they will consider this as immigration law violation or lawfull residency violation?
But I wonder why they never ask any questions whenever I make any application although I give a brief story on the notes of the application disclosing what was happened that time.

[Frontier Mole]

10 year mandatory refusal rule would have only come into being if the individual had been forcibly removed from the UK. As they were allowed to return under Tier 2 no such ban was apparently in place.
The caseworker guidance on Tier 2 ILR does state that any overstay beyond 28 days should result in a refusal under the general rules HOWEVER this has been ignored for the grant of entry under Tier2 so can not be relied on to deny ILR.

[physicskate]

10 year mandatory refusal rule would have only come into being if the individual had been forcibly removed from the UK. As they were allowed to return under Tier 2 no such ban was apparently in place.
The caseworker guidance on Tier 2 ILR does state that any overstay beyond 28 days should result in a refusal under the general rules HOWEVER this has been ignored for the grant of entry under Tier2 so can not be relied on to deny ILR.

Not talking about the refusal rule - talking about the overstay! This goes against the good character requirement for citizenship. It might be overlooked, it might not. Not sure if the OP is interested in British citizenship.

I agree that the refusal and overstay will probably have no bearing on an ILR application.

[silverocks]

Thanks a lot for your answers.

Dear Frontier Mole..please could you give me some idea or how to solve the situation where the border force sees my name as flaged and being stopped all the time. Thanks again.

[Frontier Mole]

You write to UKVI stating that your return to the UK invariably involves being stopped and questioned. State average time etc. You point out that your current leave is valid and that it is unacceptable to be repeatedly questioned about an immigration matter that is long past and superceded by your current leave.
You specifically request that your records are amended to prevent further questioning on your past immigration history as it has no bearing or relevance.