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Steps after refusal

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Logan82
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Posts: 37
Joined: Tue Jun 20, 2017 1:36 pm

60 days Gap in Employment (T2 to ILR)

Post by Logan82 » Fri Dec 29, 2017 9:07 am

I am currently on tier 2 general and earning more than appropriate salary level to be qualified for ILR.
Following is my time line;

15th June 2012: Tier 2 Granted – In country (Employer 1)
20 December 2013: Last day at job (Due to redundancy)
24th March 2014: Curtailment start date (Tier 2)
22nd May 2014: Applied for tier 4
24th May 2014: Curtailment End date (Tier 2)
June 2014: New job offer with tier 2 visa (Employer 2)
July 2014: Varied tier 4 application to tier 2
September 2014: Tier 2 Approved
April 2017: New job offer with tier 2 visa (Employer 3)

I have a break in employment (more than 60 days). So, I didn’t apply for ILR in June 2017. but I heard there is a rule change in January which make this 60 days gap go away.

Is this true? will I be able to apply for ILR once this change in place.

Below is the link I got these information from.
https://www.gov.uk/government/publicati ... ember-2017

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makky86
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Re: 60 days Gap in Employment (T2 to ILR)

Post by makky86 » Fri Dec 29, 2017 9:47 am

Logan82 wrote:
Fri Dec 29, 2017 9:07 am
I am currently on tier 2 general and earning more than appropriate salary level to be qualified for ILR.
Following is my time line;

15th June 2012: Tier 2 Granted – In country (Employer 1)
20 December 2013: Last day at job (Due to redundancy)
24th March 2014: Curtailment start date (Tier 2)
22nd May 2014: Applied for tier 4
24th May 2014: Curtailment End date (Tier 2)
June 2014: New job offer with tier 2 visa (Employer 2)
July 2014: Varied tier 4 application to tier 2
September 2014: Tier 2 Approved
April 2017: New job offer with tier 2 visa (Employer 3)

I have a break in employment (more than 60 days). So, I didn’t apply for ILR in June 2017. but I heard there is a rule change in January which make this 60 days gap go away.

Is this true? will I be able to apply for ILR once this change in place.

Below is the link I got these information from.
https://www.gov.uk/government/publicati ... ember-2017
Yes post 11th Jan 2018 you should be able to apply even with more than 60 days gap....

for reference : https://www.gov.uk/government/publicati ... ember-2017
II Youths a stuff neve endures II

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zimba
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Re: 60 days Gap in Employment (T2 to ILR)

Post by zimba » Fri Dec 29, 2017 12:08 pm

Incorrect. The rule changes will apply to people who get Tier 2 after Jan 2018
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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makky86
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Re: 60 days Gap in Employment (T2 to ILR)

Post by makky86 » Fri Dec 29, 2017 12:39 pm

zimba88 wrote:
Fri Dec 29, 2017 12:08 pm
Incorrect. The rule changes will apply to people who get Tier 2 after Jan 2018
hmm where is that speified?
II Youths a stuff neve endures II

superhulk
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Joined: Wed Apr 03, 2013 11:16 am
India

Re: 60 days Gap in Employment (T2 to ILR)

Post by superhulk » Mon Jan 01, 2018 12:15 pm

zimba88 wrote:
Fri Dec 29, 2017 12:08 pm
Incorrect. The rule changes will apply to people who get Tier 2 after Jan 2018
I don’t think this is correct.
As per gov.uk only 6A.22 and 6A.23 will apply for people having COS after 11 Jan 2018.

Document clearly states that all other changes ( including 6A.4) will be applied for applications (and not COS) made after 11 Jan 2018

Please correct me if this is not right interpretation.

Logan82
Newbie
Posts: 37
Joined: Tue Jun 20, 2017 1:36 pm

Re: 60 days Gap in Employment (T2 to ILR)

Post by Logan82 » Tue Jan 02, 2018 9:17 am

Thank you for the replies guy's.

mengo
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Re: 60 days Gap in Employment (T2 to ILR)

Post by mengo » Tue Jan 02, 2018 10:13 am

The paragraph 245AAA(b) is removed completely. There is no such new paragraph identifying applicant with new or older CoS. So, all applications made after 10th January shouldn't be rejected due to employment gap - obviously may be rejected due to breach of other rules.

Logan82
Newbie
Posts: 37
Joined: Tue Jun 20, 2017 1:36 pm

Steps after refusal

Post by Logan82 » Mon Jan 15, 2018 11:37 am

Hi experts,

If a application for visa is refused, can we make a fresh application right away or do we have to do the administrative review first for the refused visa before making an new application ?

Thanks all

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tier21419
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Posts: 322
Joined: Mon Oct 17, 2016 3:46 pm
Pakistan

Re: Steps after refusal

Post by tier21419 » Mon Jan 15, 2018 12:08 pm

Logan82 wrote:
Mon Jan 15, 2018 11:37 am
Hi experts,

If a application for visa is refused, can we make a fresh application right away or do we have to do the administrative review first for the refused visa before making an new application ?

Thanks all
What is/are the reason(s) for refusal?

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Casa
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Re: Steps after refusal

Post by Casa » Mon Jan 15, 2018 12:18 pm

Logan82 wrote:
Mon Jan 15, 2018 11:37 am
Hi experts,

If a application for visa is refused, can we make a fresh application right away or do we have to do the administrative review first for the refused visa before making an new application ?

Thanks all
No refusal yet, :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Logan82
Newbie
Posts: 37
Joined: Tue Jun 20, 2017 1:36 pm

Re: Steps after refusal

Post by Logan82 » Mon Jan 15, 2018 12:33 pm

Casa is right, no refusal. i just asking the steps we can take, can we make a fresh application for same\another category or do we have to do the admin review first and go for fresh application if admin review not successful.

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tier21419
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Posts: 322
Joined: Mon Oct 17, 2016 3:46 pm
Pakistan

Re: Steps after refusal

Post by tier21419 » Mon Jan 15, 2018 12:35 pm

Casa wrote:
Mon Jan 15, 2018 12:18 pm
Logan82 wrote:
Mon Jan 15, 2018 11:37 am
Hi experts,

If a application for visa is refused, can we make a fresh application right away or do we have to do the administrative review first for the refused visa before making an new application ?

Thanks all
No refusal yet, :idea:
I think the answer will depend on the refusal itself unless moderators have some information regarding this situation.

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Casa
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Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Steps after refusal

Post by Casa » Mon Jan 15, 2018 12:47 pm

You are free to re-apply without submitting an AR request.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Logan82
Newbie
Posts: 37
Joined: Tue Jun 20, 2017 1:36 pm

Re: Steps after refusal

Post by Logan82 » Mon Jan 15, 2018 1:49 pm

Thank you both.

i guess Section 3c leave won't be affected then.

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CR001
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Re: Steps after refusal

Post by CR001 » Mon Jan 15, 2018 1:58 pm

Logan82 wrote:
Mon Jan 15, 2018 1:49 pm
Thank you both.

i guess Section 3c leave won't be affected then.
Only if your visa has not expired yet.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Logan82
Newbie
Posts: 37
Joined: Tue Jun 20, 2017 1:36 pm

Re: Steps after refusal

Post by Logan82 » Mon Jan 15, 2018 2:43 pm

CR001 wrote:
Mon Jan 15, 2018 1:58 pm
Logan82 wrote:
Mon Jan 15, 2018 1:49 pm
Thank you both.

i guess Section 3c leave won't be affected then.
Only if your visa has not expired yet.
CR001 wrote:
Mon Jan 15, 2018 1:58 pm
Logan82 wrote:
Mon Jan 15, 2018 1:49 pm
Thank you both.

i guess Section 3c leave won't be affected then.
Only if your visa has not expired yet.
Hi CR001

what happen if the visa expired during the process and application got rejected ? won't they be able to make a new application without going for admin review ?

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