@vinny
Thanks for the reply. I have a few quires and hope you can answer them or any other senior board member.
“276A1.The requirement to be met by a person seeking an extension of stay on the ground of long residence in the United Kingdom is that the applicant meets each of the requirements in paragraph 276B(i)-(ii) and (v).”
“276B.
The requirements to be met by an applicant for indefinite leave to remain on the ground of long residence in the United Kingdom are that:
(i) (a) he has had at least 10 years continuous lawful residence in the United Kingdom.
(ii) having regard to the public interest there are no reasons why it would be undesirable for him to be given indefinite leave to remain on the ground of long residence, taking into account his:
1. (a) age; and
2. (b) strength of connections in the United Kingdom; and
3. (c) personal history, including character, conduct, associations and employment record; and
4. (d) domestic circumstances; and
5. (e) compassionate circumstances; and
6. (f) any representations received on the person’s behalf; and
(v) the applicant must not be in the UK in breach of immigration laws, except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded. Any previous period of overstaying between periods of leave will also be disregarded where –
1. (a) the previous application was made before 24 November 2016 and within 28 days of the expiry of leave; or
2. (b) the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied. “
From my understanding I have to meet the following 3 points above and the reason I am no allowed to apply for ILR cause I don’t meet the requirement of 276B (iii) general grounds of refusal. Which is where I will be refused under 322 (1C) the applicant is seeking indefinite leave to remain and:
“they have, within the 24 months preceding the date of the application, been convicted of or admitted an offence for which they have received a noncustodial sentence or other out of court disposal that is recorded on their criminal record”
On this board don’t remember where it says that unspent conviction has no impact on t-1 general application for extension or other extension application.
So I have to wait 2 years from my conviction date? Is that correct? To get ILR ?
Can someone clarify here for me 276B (v) so my visa was refused and no appeal right out of time application sighted in refusal case worker refused to acknowledge bank holidays but later after few months received another refusal with rights of appeal which was later won and visa granted in this scenario did I have a break in my 10 years resident history or I am cover by 39E I am worried about the months where I was stateless.
Under 245DE
I have kept to the requirement of a, b, and c (i) 123, registered kept the business running file returns paid taxes on whatever trading did just before contractor work was banned.
But c(ii)may pose some issues here but please explain me this:
“(e) Paragraph 245DE(c) does not apply where the applicant’s last grant of leave prior to the grant of the leave that he currently has was as a Tier 1 (Entrepreneur) Migrant, a Businessperson or an Innovator.”
So from my understanding I am exempted from 245DE(c) technically cause I am on Tier 1 Ent ?
Can some tell me what documents will need to send with my application especially since I am on T-ent and wanting to switch to FLR-LR ?
Also will be allowed to work if I move to FLR –LR cause this paragraph has confused me
“276A3. Where an extension of stay is granted under paragraph 276A2:
(i) if the applicant has spent less than 20 years in the UK, the grant of leave should be subject to the same conditions attached to his last period of lawful leave, or
(ii) if the applicant has spent 20 years or more in the UK, the grant of leave should not contain any restriction on employment.”
It says in 276A3 (i) that the condition attached to my visa should be the same as those like previous leave which is what I am trying avoid.
