Tier 1 Extension Urgent Help

[vtp11321]

Hello Seniors, Gurus, Sages,

My current situation is that I applied for ILR on Feb 17th in person at Croydon PEO. As my absences were greater than 90 days during the last 5 years, PEO Caseworker issued a letter stating application is valid however, requires to be looked into by a Senior Case worker. I am currently on the Tier 1 (General) visa which will run out by10 May. I do understand I will be legal here as UKBA has my passport. But I have 2 dependants who was not eligible for ILR at the same time as I was. They currently are in Tier 1 General Dependant visa.

The options I have are:
1. Submit FLR forms in time for my dependants stating to UKBA that providing my application for ILR comes through to grant them FLR based on my ILR - Risky if I get ILR rejection.

2. Withdraw my ILR application and apply for extension afresh - (loss of ILR application fees). - Less risk (i think).

However, before I withdraw, I was wondering if I could still go ahead and apply for Extension and advice on the form that my Passport is with UKBA (Section C6 on Tier 1 Form). Could I do this? Will this take precedence over the ILR application I made ? Will the ILR application get cancelled?

Hope some seniors could advise...I may have also further options that I am not aware of, I would appreciate advice

Thanks and regards,
VTP.

[Manka10]

Hello Seniors, Gurus, Sages,

My current situation is that I applied for ILR on Feb 17th in person at Croydon PEO. As my absences were greater than 90 days during the last 5 years, PEO Caseworker issued a letter stating application is valid however, requires to be looked into by a Senior Case worker. I am currently on the Tier 1 (General) visa which will run out by10 May. I do understand I will be legal here as UKBA has my passport. But I have 2 dependants who was not eligible for ILR at the same time as I was. They currently are in Tier 1 General Dependant visa.

The options I have are:
1. Submit FLR forms in time for my dependants stating to UKBA that providing my application for ILR comes through to grant them FLR based on my ILR - Risky if I get ILR rejection.

2. Withdraw my ILR application and apply for extension afresh - (loss of ILR application fees). - Less risk (i think).

However, before I withdraw, I was wondering if I could still go ahead and apply for Extension and advice on the form that my Passport is with UKBA (Section C6 on Tier 1 Form). Could I do this? Will this take precedence over the ILR application I made ? Will the ILR application get cancelled?

Hope some seniors could advise...I may have also further options that I am not aware of, I would appreciate advice

Thanks and regards,
VTP.

you can be out of UK for 180 days in the last 5 years & single trip should not be more than 90 days

did you provide explanation why the absences were more ?

the thought of withdrawing ILR (& applying FLR) application means you are not sure (from your side) if you are gonna get ILR

if your explanation of absences is legitimate then you shouldnt have issues getting ILR

if you decide to withdraw ILR now, UKBA might take up to a month to return your documents so you need to think fast

your dependents need to apply as normal before their leave expires under the category you were on while applying for ILR but am not too sure, i personally havent been through such a situation

[vtp11321]

I broke the 90 day rule I was outside at a stretch for about 170 days. I have provided all the evidence - employee letter giving all the relevant details of why I was out...etc..
But what I have seen or understood so far is its completely to the Caseworker's discretion....