Tier 2 continuity

[tier2013]

I was on a tier 2 till feb 2012 and had applied for an extension of leave to remain. The UKBA have still not made a decision.
If I cancel that application and change over to a fresh tier 2 now, will I still have continuity for the required 5 years in order to apply for ILR?

Thank you.

[thebionicredneck2003]

Hi,

Two important questions:

1. Why would you want to cancel your pending application and then apply again? Does that not negate the end result of what you want to achieve and duplicate effort?

2. By choosing to withdraw your application, will you be still have leave to remain or has your visa already expired?

[tier2013]

Hi,

Two important questions:

1. Why would you want to cancel your pending application and then apply again? Does that not negate the end result of what you want to achieve and duplicate effort?

2. By choosing to withdraw your application, will you be still have leave to remain or has your visa already expired?

1. The extension application is not under Tier 2. My employer went back on their promise to extend contracts, therefore I had to apply for extension of ILR through a lawyer.

2. My visa has expired. However, my application for extension was submitted before expiry of the visa


My previous post relating to this is here:

http://www.immigrationboards.com/viewto ... highlight=

[tier2013]

bump

[ouflak1]

Hi,

Two important questions:

1. Why would you want to cancel your pending application and then apply again? Does that not negate the end result of what you want to achieve and duplicate effort?

2. By choosing to withdraw your application, will you be still have leave to remain or has your visa already expired?

1. The extension application is not under Tier 2. My employer went back on their promise to extend contracts, therefore I had to apply for extension of ILR through a lawyer.

2. My visa has expired. However, my application for extension was submitted before expiry of the visa


My previous post relating to this is here:

http://www.immigrationboards.com/viewto ... highlight=

1. There is no such thing as an 'extension of ILR'. Once you have ILR and are living in the country, you never need to extend. Did you mean that you were here on a Tier 2 visa and applied for ILR when you no longer could stay here under the conditions of the Tier 2 (no further employer contract)? If yes, how long had you been in the country when you applied for ILR (a specific date of entry would be useful) and what did you do about an employment letter? Also, what date did you put your application in? I'm wondering if you don't really mean FLR?

2. Normally whilst you have an application under consideration you are allowed to stay under the conditions of your previous visa. Technically, if you withdrew your standing application, and your previous visa has expired, any application you made after that would be considered outside of the normal rules and any leave would likely be discretionary. The fact that you made that now-withdrawn application before your previous leave expired would be irrelevant, atleast technically. (I think in reality, case-workers do look at this and may take it personally into consideration, but you can't count on that, and even if they do, that doesn't mean you will have a successful application). However your situation is a bit confusing so maybe a bit of clarification of your timeline will help.

[wpilr_nov12]

OP's history

http://www.immigrationboards.com/viewtopic.php?t=121698

Hi, I was on a tier 2 visa til early 2012. My employer decided to not extend my contract, and gave me a very short notice for the same. Therefore, I had to apply for an extension of my leave to remain under ?humanitarian grounds since I have been living with my family and working in the UK since early 2005. I made this application through an immigration lawyer. I have not had a decision of my application since I'd submitted it in February 2012. An acknowledgement has been received.
I had two questions:

1. Are there any precedents where an applicant's LTR has been extended based on humanitarian grounds? If so, what category of visa is issued?

2. I had made applications for myself, my wife and my child. Is it possible to cancel my wife and child's application so that I can get their passports back and send them back to their home country?

Thank you for any replies!

[tier2013]

After a long wait of more than a year I have heard from the UKBA with a request to submit further documentation which includes proof of knowledge of life in the UK. I have taken the test at sent the pass results to te UKBA.
Does this indicate anything positive?

[tier2013]

*bump*

[cs95tdg]

After a long wait of more than a year I have heard from the UKBA with a request to submit further documentation which includes proof of knowledge of life in the UK. I have taken the test at sent the pass results to te UKBA.
Does this indicate anything positive?

All it indicates is that they are now considering your application (I.e. as they have requested additional documents they found to be missing) - which would be a positive thing, based on the fact that you have been waiting over a year. You will need to wait for the decision now - whether this decision will be positive or not cannot be determined until you receive the UKBA decision letter.