need valuable advise on switching Visa status!!!

[haryharsan]

Hi,
i will get eligible for ILR (10 years long stay) on 17 SEPT 2017 which was my entry date in UK (17th sept 2007).
as i know i can apply 28 days before which will be 20 AUG 2017.

present i am on Tier 2 general and employer has started redundancy process (still didn't get final termination day). and also they are going to cancel sponsorship.

my question is once employer cancel sponsorship with them, within how many days i can switch to ILR. is it 28days?

for example if they cancel sponsorship and effected from 01Aug2017, can i apply ILR on 20thAUG2017?

please give me valuable advise ASAP. i am bit worried.

thanks in advance

[makky86]

Hi,
i will get eligible for ILR (10 years long stay) on 17 SEPT 2017 which was my entry date in UK (17th sept 2007).
as i know i can apply 28 days before which will be 20 AUG 2017.

present i am on Tier 2 general and employer has started redundancy process (still didn't get final termination day). and also they are going to cancel sponsorship.

my question is once employer cancel sponsorship with them, within how many days i can switch to ILR. is it 28days?

for example if they cancel sponsorship and effected from 01Aug2017, can i apply ILR on 20thAUG2017?

please give me valuable advise ASAP. i am bit worried.

thanks in advance

Peronally I think you're safe. Once the employer make you reduntatn they'll inform UK home office. Now a days it takes around 3-4 months to get curtailment letter. Once you get that then you will have 60 days to switch to another job.

So even if you're employer make you redunentat today you can staya until december legally

[haryharsan]

thank you for your reply.

can i apply ILR in aug? or do i need to wait for curtailment letter

[haryharsan]

i have another question which is,

my student visa has been refused due to insufficient funds. i went to appeal and won (awaited for 1year to get decision ). then i applied PSW.

After PSW i applied Tier 1 entrepreneur visa as a team an it has been refused and went to appeal. i with drawn the application due to taking long to get decision (awaited for 1 year )and switched to tier 2 general.

now my question, these 2 years (when i was in appeal ) will consider as legal stay and continues long stay?
does it effect to get eligibility for 10years long residency route?

[CR001]

After PSW i applied Tier 1 entrepreneur visa as a team an it has been refused and went to appeal. i with drawn the application due to taking long to get decision (awaited for 1 year )and switched to tier 2 general.

Your section 3C protection would have ended the day you withdrew your appeal and you would be considered an overstayer with no legal status from the date your PSW expired to the date you were granted Tier 2 General.

This would break your continuity of residence for 10 year LR ILR.

[haryharsan]

i am bit nervous with your answer and make more worries.
so which means if apply for ILR, they gonna refuse on this grounds? if so what are the options do i have to stay in uk

[makky86]

i am bit nervous with your answer and make more worries.
so which means if apply for ILR, they gonna refuse on this grounds? if so what are the options do i have to stay in uk

As per my understanding when you withdrew your appeal and applied for tier 2 you broke the continuity.

You can apply on Tier 2 5 year basis ILR.

[haryharsan]

if they consider that span as overstay, how could they accept fresh application? is there any grounds?

[CR001]

Do not confuse the requirements for ILR 10 years long residence with the permitted application within x number of days of appeal etc. Approval of Tier 2 general does not mean your previous period of overstay is gone and suddenly covered by Section 3C.

[haryharsan]

hi,
thank you for time and really appreciate on your reply.

i gone thru all previous documents.
when i request to withdrawn appeal, decision has already been made by the time i made withdrawn request.
and decision was "refused". then i applied tier 2 general same week and granted.

Now do i come under overstay? will break 10 years continues residency

[haryharsan]

let me clearly explain.

1. applied tier 1 entrepreneur visa in 2013 got refused
2. went to appeal first tier tribunal and granted
3. UKBA went to upper tribunal and decision made as "upper tribunal has decided to set a side the decision of the first-tribunal remit the matter to the first tier tribunal"
first tier tribunal re-decided by the way of hearing in the favor of UKBA which means they refused my application.
4. i went to upper tribunal and got refused on Feb2015.
5. applied tier 2 general with in 28days which was on 4th of march 2015 and granted.

now i want to know is there any overstays between step 1 to step 5?

please give me your valuable opinion

[haryharsan]

Can any one advise/clarify please

[makky86]

Can any one advise/clarify please

Is it not self-explanatory? If you visa is refused and you appeal and if its refused then the time during that you become over-stayer. So basically you cannot apply ILR 10 years residence.

May be hire a solicitor etc.

[haryharsan]

hi

i went thru this document and it says that if we applied applications within 28days ( ON or Before 24 sept 2016 ) will not break your lawful continues residency for long residency ILR.

reference:
https://www.gov.uk/government/uploads/s ... -v15_0.pdf

please do let me know am i in right path?
i have quoted the section from document for quick review

Out of time applications
This page tells you about ‘out-of-time’ applications submitted for 10 years long
residence applications.
An applicant applying for an extension of stay or indefinite leave to remain (ILR) on
the basis of long residence must not be in breach of the Immigration Rules.
Applications made before 24 November 2016
Where the application was made before 24 November 2016 a period of overstaying
of 28 days or less on the date of application will be disregarded.
The 28 day period of overstaying is calculated from the latest of the:
• end of the last period of leave to enter or remain granted(including where an intime
application was submitted but the application was considered invalid)
• end of any extension of leave under sections 3C or 3D of the Immigration Act
1971
• the point that a migrant is deemed to have received a written notice of invalidity,
in relation to an in-time application for further leave to remain where that
application was deemed invalid due to the failure by the applicant to provide
biometrics
When refusing an application on the grounds it was made by an applicant who has
overstayed by more than 28 days, you must consider any evidence of exceptional
circumstances which prevented the applicant from applying within the first 28 days of
overstaying.
The threshold for what constitutes ‘exceptional circumstances’ is high, but could
include delays resulting from unexpected or unforeseeable causes. For example:
• serious illness which meant the applicant or their representative was not able to
submit the application in time – this must be supported by appropriate medical
documentation
• travel or postal delays which meant the applicant or their representative was
not able to submit the application in time
• inability to provide necessary documents – this would only apply in exceptional
or unavoidable circumstances beyond the applicant’s control, for example:
o it is the fault of the Home Office because it lost or delayed returning travel
documents
o there is a delay because the applicant cannot replace their documents
quickly because of theft, fire or flood – the applicant must send evidence of
the date of loss and the date replacement documents were sought
Any decision to exercise discretion and not refuse the application on these grounds
must be authorised by a senior caseworker at senior executive officer (SEO) grade
or above. When granting leave in these circumstances, the applicant must be
Page 19 of 43 Published for Home Office staff on 03 April 2017
granted leave outside the rules for the same duration and conditions that would have
applied had they been granted leave under the rules.
Applications made on or after 24 November 2016
Where an out of time application is submitted on or after 24 November 2016, you
must consider whether to exercise discretion in line with paragraph 39E of the
immigration rules. This must be authorised by a senior caseworker at senior
executive officer (SEO) grade.

Am i in right path?