ILR after 2nd extension (FLR)

nsm2010 · Post by **nsm2010** » Sun May 13, 2012 1:08 pm

I am T1G applicant completing my 5 years in Nov2012, but I am weighing my options to apply for FLR or ILR, due to my excessive business related absences.
I would like to request moderators and other senior members to clarify that, In case if I goes to get an extension, FLR (2nd extensions) first, whether or not it would be possible to make an application for ILR during the currency of 2nd extension (say after 5-6 months of my 2nd extension) ?? or I suppose to exhaust the FLR leave in full and then I would be able to file ILR???

Regards,

nsm2010

Post by **Lucapooka** » Sun May 13, 2012 1:44 pm

If you extend your Tier1, you can apply for ILR anytime you become eligible for ILR. Obviously you need to identify the date when the residence clock was reset and count five years from that time.

nsm2010 · Post by **nsm2010** » Sun May 13, 2012 2:27 pm

Lucapooka,

Thank you for your reply.

I dont think so that my residence clock will be reset, as all of my absences are business related and I am having all necessary documents to proof my claim.

Could you please forward me any link in support of your reply??

Regards,

nsm2010

Post by **linkers** » Mon May 14, 2012 10:46 am

Why are you thinking of getting FLR when you can apply and get ILR within 1 day (if you apply in person). ?

nsm2010 · Post by **nsm2010** » Mon May 14, 2012 11:11 am

Linkers,
Although I am possessing all required evidences as usually people with excessive absences are submitting, but in the end, my case is not straight forward due to excessive business related absences with absences of more than 90 days, and it may take several months, whether or not I am applying through in person or not it might take 6 months to decide. Whereas, I am working as a consultant, in the Middle East, from my UK based company, and I am suppose to hand over my project in March 2013. In case, of any delay in the decision, there would be a disaster for my UK based company.

If somehow, I am assured that the outcome will be within a month, even not in a day, I would file for ILR, instead of FLR.

I am thinking of applying for FLR first through PEO, then go back to the project, complete it and hand it over, and then file for ILR. Any comments please, as I want to mature my strategy.

Post by **linkers** » Mon May 14, 2012 11:35 am

If you can justify your long absences, you can still get ILR. I have seen people with similar absences as you have, and they still managed to get ILRs.

If for some reason they don’t decide your application same day at PEO, it would still take less time than postal applications.

I would advise you try for your ILR at Croydon as they have more senior case workers who can use discretion on your absences.

nsm2010 · Post by **nsm2010** » Mon May 14, 2012 12:23 pm

Linkers,

Do you think that if I submit my ILR through PEO, will not take more than a day? If they cant decide on a same day, how long would it take, in your opinion? I can spare only one month from my project schedule only, do you think there is a possibility of any outcome within this period??

nsm2010

Post by **linkers** » Mon May 14, 2012 12:31 pm

Generally what I have seen in most cases that if people can’t get decision on the same day, their application is still deal a lot quicker than a standard postal application.

Shouldn’t take more than 10 -15 days. But there is no guarantee of anything with Home Office.

nsm2010 · Post by **nsm2010** » Mon May 14, 2012 12:53 pm

Exactly, this lack of confidence in HO performance is holding me back. On stack is my UK company's loss and reputation, that's why I am thinking of delaying it until I hand it over.

Though this will dent my pocket with above 5000 GBP....':('

Post by **geriatrix** » Mon May 14, 2012 1:27 pm

How much excess are we talking of here? How much in excess of 180 and how many >90 days single trips?
It seems you are based abroad (for the duration of the project), so where is your salary credited?
Married? Family in UK or with you abroad?

nsm2010 · Post by **nsm2010** » Mon May 14, 2012 2:06 pm

Sushdmehta,

It would be around two and half year, at the time of my ILR filing. Though, I am visiting my London office, as and when required for coordination / consultation, sometimes every month and sometimes after more than 4 months. During my absence, I think, I have been absent more than 90 days, thrice (I need to check it exactly).

I am doing two jobs for the same UK company. Job-1 is working as a consultant based on the project and monthly salary is been paid in the Middle East, so no tax has been paid in the UK for this income.

Job-2 is working as a Business Development Manager, promoting their business in the Middle East, for the same company and they are paying me in the UK, as self employed, through invoices. Complete tax as well as NI is been paid on this income. I have registered myself with HMRC for the purpose. Job-2 started, 6 months after Job-1, once I have developed my PR.

During my absence, I have supported various other British businesses to win contracts worth more than 90 million pounds. This fact is been acknowledged by the Middle Eastern company where I am on my international assignment, the UK based firms who has taken advantage as well as British Consulate is also acknowledging my help and support I am offering to British businesses.

My UK based company is ready to provide me all necessary documents to proof that I am working in the Middle East on their behalf. For Job-2, they are also ready to provide me all necessary documents. I have my bank statements and Accountant letter, complete with tax and NI payments.

My family is living in the UK (though they were out for 10 months initially due to mother in law's death, then delivery of my son, and then some complications due to delivery, they lived with me in the Middle East. their visa was expired during this and I have applied for new EC for them as well as new Tier-1 dependant visa for the newborn), My kids are attending schools in the UK, My bank savings are in the UK banks and it remains in the UK throughout my absence. I am paying my council tax in the UK. What else??

I would appreciate if you could evaluate my situation and suggest me the right way of filing my application please.

Regards,

nsm2010.

Post by **geriatrix** » Mon May 14, 2012 2:25 pm

nsm2010 wrote:It would be around two and half year, at the time of my ILR filing.

Big negative .. we are talking of approx. half of the qualifying residential period (5 years) being absent from UK ..... 900 days, give or take a few.

That said, rest are positive - self-employment in UK, family in UK, acknowledgement from British consulate confirming your contribution to UK economy (not many people can boast such appreciation / reference, to be honest).

IMHO, it is not going to be a straightforward case and if you wish to give it a go, you will have to make it a compelling one highlighting the positives ... or perhaps, given your circumstances, you should use the services of a really competent solicitor.

Doable ... but needs a lot of homework, IMHO.

nsm2010 · Post by **nsm2010** » Mon May 14, 2012 2:37 pm

Dear Sushdmehta,

Thank you very much for your straight forward assessment of my situation.

Doable . . as first attempt for ILR or should I go for FLR first.

If I apply for ILR and God forbid, refused after my current leave expires, would I be able to file for FLR then?? What should be my course to keep myself in the UK, under legal umbrella?

Second option, I go for FLR first, after handing over my project, I will file ILR. In this case, in case of any delay and refusal, God forbid, I would not loose my grounds. My only concern is whether or not it would be possible to make an application for ILR during the currency of 2nd extension???

I would appreciate if you / someone could forward me details of a REALLY COMPETENT SOLICITOR for my ILR please.

Many Regards,

Post by **geriatrix** » Mon May 14, 2012 3:07 pm

I don't think this is a case that any PEO will be able to decide on within 24 hours (same day). Most likely, an in-person application will be deferred. Once deferred, it is anyone's guess!!

So, you are looking at a (likely) scenario where you are stuck in the UK for god knows how may days or months .... while you are absent from your project. Given what you have posted, it doesn't appear that your employer will grant you leave during this crucial period. and, given the reputation that you have seem to have created, you will not wish to fall foul for any reason.

With that in mind, if I were you, I would go for an extension (easy, in-person, same day possibly, absences of no relevance) ... and worry about settlement when the project is over, I am basking in the glory, and can demand enough leave (or some sort of breather, less stressful short term UK assignment) from employer to be in UK, and prepare for and sort the settlement issues without undue distraction. Hey, it might cost a lot of money .... but your situation isn't as normal as what normal is.

My personal opinion .....

Sorry, but have no clue about any solicitor ... competent or otherwise!

nsm2010 · Post by **nsm2010** » Mon May 14, 2012 4:24 pm

Hi Sushd,

You are absolutely right in your assessment. Really these are the two reasons why I am going for this lengthy and costly solution. I am project manager of the project and it would not be possible for my UK company to grant me a leave for a long period, at the crucial moment. Again I am not willing to loose all of my hard work, fame and trust for this reason. Hats off for your analytical abilities. I can understand your responsibilities as moderator that stops you short of resolving the last issue of solicitor.

Thank you buddy for boosting my moral.

still awaiting someone's response for;

My only concern is whether or not it would be possible to make an application for ILR during the currency of 2nd extension???

I would appreciate if you / someone could forward me details of a REALLY COMPETENT SOLICITOR for my ILR please. I am sorry to ask this on this site, but my situation is not as normal as what normal is. Someone could let me know through PM please.

regards,

Post by **linkers** » Mon May 14, 2012 4:29 pm

nsm2010: if you get a 2nd Tier-1 extension, you can apply for ILR any time after that as long as you meet all other requirements for ILR (especially 90/180 days absences rule in your case).

You don’t have to wait until the expiry of your 2nd Tier-1 Ext to apply for ILR.

nsm2010 · Post by **nsm2010** » Mon May 14, 2012 4:32 pm

Linkers,

and how long that 2nd extention would be??? or I have to request UKBA??

Certainly, I would not be able to satisfy 90/180 rule, I would be requesting for favourable discreation and will be producing all relevant documents in support.

regards,

Post by **linkers** » Mon May 14, 2012 4:37 pm

I think it depends on how long your original visa was granted.

If your initial visa was granted for 2 years, then all the following extensions will be 3 years and if original visa was for 3 years then all the following extensions will be 2 years.

Post by **geriatrix** » Mon May 14, 2012 5:19 pm

In accordance with 245CB(a) and 245CB(b).

nsm2010 · Post by **nsm2010** » Tue May 15, 2012 6:06 am

Thank you Sushdmehta and Linkers for your guidance.

I would further appreciate if someone forward me the contact detail of really COMPETENT SOLICITOR on my PM now, please.

Regards,

nsm2010

nsm2010 · Post by **nsm2010** » Wed May 16, 2012 8:21 am

Dear All,

I would request you all to kindly help me out by forwarding me a contact details of Competent Solicitor, since currently I am on my International assignment outside UK and unable to search a competent solicitor myself. I don't want to rely on the contacts available on Internet?

I would appreciate any help in this regard. You can forward me details on my PM, without violating the rules on this forum.

nsm2010

nsm2010 · Post by **nsm2010** » Thu May 17, 2012 9:51 am

HELP, HELP, HELP, anyone please forward details of competent solicitor.....

Regards,

nsm2010

Post by **geriatrix** » Thu May 17, 2012 11:00 am

Posting the same thing time and again will not get you a response any sooner.
Everyone can view your posts .... and may respond if they have anything to contribute.

nsm2010 · Post by **nsm2010** » Tue Jun 05, 2012 7:07 am

Dears,

What will be my legal position, when UKBA rejects my ILR application (due to excess absences) after expiry of current leave to Remain? Still I would be able to file FLR or not, even after expiry of my current leave to remain? What options would be available for me, other than appeal, at that point?

I would appreciate if someone could guide for the risks involved in filing ILR at the end of five year with extensive business related absences.

Regards,

nsm2010

Post by **geriatrix** » Fri Jun 08, 2012 9:42 am

If a decision on your settlement application is taken on a date when you have do not valid leave (i.e.- after expiry date of your leave), you will be given the right of appeal. You'll have 10 days to submit an appeal, if you wish to take that route.

If you do appeal, you will not be able to make a new application for PBS extension while your appeal is pending. To make a new out-of-time application for extension, you'll need to withdraw your appeal first. Alternatively, you may decide not to appeal but make a new out-of-time PBS extension application instead.

Remember:
If your out-of-time application is refused, you will not be given the right of appeal.
Even if the out-of-time application is approved, any period of overstay will not become legal.

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ILR after 2nd extension (FLR)

ILR after 2nd extension (FLR)