ILR refused, is it possible to switch from Teir 2 General to Tier 4 visa

[paci]

Hi,

My ILR has been refused because of more than 60 days employment gap.
I am contemplating if I should go for Administrative Review?
Could any of you who has been through Administrative Review can update the outcome, please.
Any help/suggestion would be great help.

Thanks in advance !

[zimba]

There is no point in AR. You cannot apply for ILR if you do not have a 5 year continuous period.

[paci]

Thanks Zimba88,

I am working on Tier 2 (General), will I be eligible for ILR ever? If Yes, how can I achieve the same.

[zimba]

I am not sure. You can remain on Tier 2 General for only 6 years in total

[paci]

Is it possible to extend Tier 2 (General) visa for than 6 years if working on shortage occupation list job and later can apply for ILR?

[paci]

Hi,

I have been living in this country for more than 5 years and 6 months with my wife and my daughter of age 6 years and 10 months.
My daughter got entry clearance from non-EE country on 22/05/2012 but she entered in country on 08/12/2012 when she was of age 1 year and 10 months. Her 7th birthday will be in Feb'2018.

My ILR has been refused by Upper Tribunal because of employment gap of more than 60 days.
But we have valid visa till 30/05/2018.

Can we go for further leave to remain through this route, please advice.

[CR001]

Hi,

I have been living in this country for more than 5 years and 6 months with my wife and my daughter of age 6 years and 10 months.
My daughter got entry clearance from non-EE country on 22/05/2012 but she entered in country on 08/12/2012 when she was of age 1 year and 10 months. Her 7th birthday will be in Feb'2018.

My ILR has been refused by Upper Tribunal because of employment gap of more than 60 days.
But we have valid visa till 30/05/2018.

Can we go for further leave to remain through this route, please advice.

She must have LIVED in the UK continuously for at least 7 years. It has nothing to do with her 7th birthday if she has only lived in the UK for almost 5 years.

This is not an easy visa to get and you have to prove a lot in regards to the best interests of the child.

Page 13 in the link below.

https://www.gov.uk/government/uploads/s ... t_2015.pdf

The decision maker should note that a parent wishing to remain in the UK on the basis of their
settled child who has NOT lived in the UK continuously for at least 7 years immediately
preceding the date of application, cannot meet the requirements of the parent routes. The
child must either be British, or have lived in the UK continuously for at least the last 7 years,
for the parent to meet this requirement of these rules.

[paci]

Hi,

My ILR has been refused through Tier 2 General visa route because of employment gap of more than 60 days, is it possible to get a Tier 4 student visa and will that cover the cooling off period.

Please advice.

[CR001]

See link below. Provided you qualify for a CAS and a university will issue one, you can apply. You will need to be on another visa category for a minimum of 12 months before you can apply for Tier 2 General again.

https://www.gov.uk/tier-4-general-visa/ ... -this-visa

[sah10406]

Is your Tier 2 General visa still valid?

[paci]

Thanks for your advice CR001 !

Since I cannot go for further extension of my Tier 2 General visa and HO and directed to leave country with my family before expiry of current leave(30/05/2018).
Is there any route I can extend my leave and keep working for another 2 years so that my daughter achieves the 7 years route?
Is it possible to switch to student visa after ILR refusal?
If I stay on student visa for 12 months will that cover the cooling off period criteria to get new Tier 2 General visa?
Will staying with student visa will break my/daughter continuous residency?
If continuing through student visa for 12 months and then switching back to Tier 2 General visa, when me/my daughter will be eligible for ILR?

Many Thanks in advance for your support.

[CR001]

Thanks for your advice CR001 !

Since I cannot go for further extension of my Tier 2 General visa and HO and directed to leave country with my family before expiry of current leave(30/05/2018).
Is there any route I can extend my leave and keep working for another 2 years so that my daughter achieves the 7 years route?
Is it possible to switch to student visa after ILR refusal?
If I stay on student visa for 12 months will that cover the cooling off period criteria to get new Tier 2 General visa?
Will staying with student visa will break my/daughter continuous residency?
If continuing through student visa for 12 months and then switching back to Tier 2 General visa, when me/my daughter will be eligible for ILR?

Many Thanks in advance for your support.

Your student visa questions have already been answered in the topic you started in the Tier 4 visa section.

7 Year child route is not easy to get and does not give any of you ILR immediately. It is a long route to ILR. FLR(FP) visa are very often refused.

Switching to tier 4 and then back to tier 2 will keep resetting the 5 year clock for ILR. All visa categories are counted for 10 years long residence though.

[paci]

Is your Tier 2 General visa still valid?

Yes, it is valid till 30/05/2018.

[paci]

Thanks for your advice CR001 !

Since I cannot go for further extension of my Tier 2 General visa and HO and directed to leave country with my family before expiry of current leave(30/05/2018).
Is there any route I can extend my leave and keep working for another 2 years so that my daughter achieves the 7 years route?
Is it possible to switch to student visa after ILR refusal?
If I stay on student visa for 12 months will that cover the cooling off period criteria to get new Tier 2 General visa?
Will staying with student visa will break my/daughter continuous residency?
If continuing through student visa for 12 months and then switching back to Tier 2 General visa, when me/my daughter will be eligible for ILR?

Many Thanks in advance for your support.

Your student visa questions have already been answered in the topic you started in the Tier 4 visa section.

7 Year child route is not easy to get and does not give any of you ILR immediately. It is a long route to ILR. FLR(FP) visa are very often refused.

Switching to tier 4 and then back to tier 2 will keep resetting the 5 year clock for ILR. All visa categories are counted for 10 years long residence though.

So at present situation I don't have any options other than switching to student visa, is that correct?
And any of us cannot get ILR before 10 years of residency that is on 2022, is that correct?
we will be still eligible for 10 years route if I switch to student visa is that correct?

[CR001]

So at present situation I don't have any options other than switching to student visa, is that correct?

If you qualify for one and can get a CAS, yes. OR if you spouse gets a visa and you apply as dependent.

And any of us cannot get ILR before 10 years of residency that is on 2022, is that correct?

Yes, provided all you meet the long residence requirement.

we will be still eligible for 10 years route if I switch to student visa is that correct?

All visas count towards long residence ILR, calculated from date of entry to the UK at the start of the 10 year period.

[CR001]

Is your Tier 2 General visa still valid?

Users ILR refused and OP trying to find a way to remain in the UK. See post topic below.

immigration-for-family-members/flr-fp-7 ... l#p1565845

[sah10406]

Users ILR refused and OP trying to find a way to remain in the UK. See post topic below.

immigration-for-family-members/flr-fp-7 ... l#p1565845

Can duplicate topics be amalgamated?

[CR001]

Users ILR refused and OP trying to find a way to remain in the UK. See post topic below.

immigration-for-family-members/flr-fp-7 ... l#p1565845

Can duplicate topics be amalgamated?

Merged and moved to 'General Immigration' sub forum due to the various visa category questions being asked.

[paci]

Hi,

As my ILR has been refused through Tier 2 General route ans since I cannot extend it beyond 6 years can I apply through FLR(HRO) route (I am here with my wife and daughter of age 7 years and have been living for more than 5 years) ?
If yes, how long it will take and what are the chances of getting further leave?
If not, after refusal can I go for Tier 4 route without leaving UK so that my continuity period won't break and later I can use the 10 year long residence route for ILR?
As I understood normally FLR(HRO) application takes long enough to get decision and if it's not successful , in that case if my daughter completes her 7 years continuous period will we be able to apply for further leave based on her 7 years continuous period?
Also as I understand even 7 years continuous period of child route also takes long enough to get decision and during this period if we complete 10 years will we be able to apply the 10 year long residence route for ILR?

Thanks in advance for your help and support.

[paci]

Is your Tier 2 General visa still valid?

Users ILR refused and OP trying to find a way to remain in the UK. See post topic below.

immigration-for-family-members/flr-fp-7 ... l#p1565845

Thanks CR001!

I am not able to open the link it says content has been removed, could you re-direct me to appropriate link please.
Also if I apply for Tier 4 visa and in case of refusal of same can I apply for FLR(HRO) route as Tier 2 General visa can not be extend for than 6 years? If yes before how many days of expiry of current Tier 2 General visa I have to apply for FLR(HRO)?

Many Thanks for support!

[CR001]

Hi,

As my ILR has been refused through Tier 2 General route ans since I cannot extend it beyond 6 years can I apply through FLR(HRO) route (I am here with my wife and daughter of age 7 years and have been living for more than 5 years) ? No as your child has not lived in the UK for 7 years.
If yes, how long it will take and what are the chances of getting further leave?
If not, after refusal can I go for Tier 4 route without leaving UK so that my continuity period won't break and later I can use the 10 year long residence route for ILR? If you qualify and can get a CAS.
As I understood normally FLR(HRO) application takes long enough to get decision and if it's not successful , in that case if my daughter completes her 7 years continuous period will we be able to apply for further leave based on her 7 years continuous period? It doesn't take that long to get you through almost 2 years. Frivolous and vexatious applications to 'buy time' are refused fairly quickly.
Also as I understand even 7 years continuous period of child route also takes long enough to get decision and during this period if we complete 10 years will we be able to apply the 10 year long residence route for ILR? You don't qualify for this route as your child has NOT lived in the UK for 7 years.

Thanks in advance for your help and support.

Have you bothered to read ANY of the advice that has already been given to you before asking all the same questions again??

[CR001]

Is your Tier 2 General visa still valid?

Users ILR refused and OP trying to find a way to remain in the UK. See post topic below.

immigration-for-family-members/flr-fp-7 ... l#p1565845

Thanks CR001!

I am not able to open the link it says content has been removed, could you re-direct me to appropriate link please.
Also if I apply for Tier 4 visa and in case of refusal of same can I apply for FLR(HRO) route as Tier 2 General visa can not be extend for than 6 years? If yes before how many days of expiry of current Tier 2 General visa I have to apply for FLR(HRO)?

Many Thanks for support!

Because your topics have been merged into one thread (here where it is now).

You don't qualify for FLR(HO) 7 year child route.

[paci]

Hi,

As my ILR has been refused through Tier 2 General route ans since I cannot extend it beyond 6 years can I apply through FLR(HRO) route (I am here with my wife and daughter of age 7 years and have been living for more than 5 years) ? No as your child has not lived in the UK for 7 years.
If yes, how long it will take and what are the chances of getting further leave?
If not, after refusal can I go for Tier 4 route without leaving UK so that my continuity period won't break and later I can use the 10 year long residence route for ILR? If you qualify and can get a CAS.
As I understood normally FLR(HRO) application takes long enough to get decision and if it's not successful , in that case if my daughter completes her 7 years continuous period will we be able to apply for further leave based on her 7 years continuous period? It doesn't take that long to get you through almost 2 years. Frivolous and vexatious applications to 'buy time' are refused fairly quickly.
Also as I understand even 7 years continuous period of child route also takes long enough to get decision and during this period if we complete 10 years will we be able to apply the 10 year long residence route for ILR? You don't qualify for this route as your child has NOT lived in the UK for 7 years.

Thanks in advance for your help and support.

Have you bothered to read ANY of the advice that has already been given to you before asking all the same questions again??

Sorry about my confusing state.

https://www.gov.uk/government/uploads/s ... -04-17.pdf

In the above doc, the first point says:
"1. FOR WHICH APPLICATIONS MUST YOU USE FORM FLR(HRO)?
Form FLR(HRO) must be used if you are applying for an extension of stay in one of the following
categories:
 Discretionary Leave (DL) where you have previously been granted a period of DL but have not
previously been refused asylum or granted less than four years Exceptional Leave (who should use
form FLR(DL))
 Medical grounds or ill health
 Human rights claim (not including claims on the grounds of family or private life, claims on the basis of
family dependencies between a parent and a child, or protection (asylum) claims)
 Leave outside the rules under the policy concessions in the “Leave outside the rules guidance”
 Claim for leave outside the Immigration Rules because of compassionate and compelling
circumstances
 Other claims not covered by another form."

Can't I go for the last 4 routes?

[rajchaitanyav]

Hi Paci ,

Sorry to hear that.
Can i know whether it is >60 days unemployment(without sponsor) or unemployment(with sponsor and without pay).
I have similar case where i have got the sponsor within 60 days but was paid after 90 days.
Not sure whether this is similar to your case.

Experts, please share your inputs.