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Tier 2 Visa expired before ILR granted?

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

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Pasta26
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Tier 2 Visa expired before ILR granted?

Post by Pasta26 » Wed Feb 07, 2018 8:19 pm

Dear fellow members,

I have Tier 2 (General) visa, and had been working at UK since June 2013.
My visa duration is 5 years, will expire in 18th June 2018.
I would like to apply for Indefinite Leave to Remain. I comply to all requirement and has no concern. However, I have below confusion.

According to Gov.uk website, "You can apply for an ILR under all categories within 28 days before the end of your 'qualifying period', not earlier."
a) Am I correct that the earliest I can actually put in my application is by 20th May 2018?

According to Gov.uk website also, "Customers applying in the UK for indefinite leave to remain (ILR) or no time limit (NTL) processing time 6 months"
b) This mean My existing visa will expire before I got the ILR!! :shock: This mean I have to leave UK for 6 months until my ILR approved? :?
c) Could I apply for visa extension and at the same time apply for ILR?

I am confuse, and cannot find any explanation anywhere.

Many thanks in advance.

physicskate
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Re: Tier 2 Visa expired before ILR granted?

Post by physicskate » Wed Feb 07, 2018 8:23 pm

Pasta26 wrote:
Wed Feb 07, 2018 8:19 pm
Dear fellow members,

I have Tier 2 (General) visa, and had been working at UK since June 2013.
My visa duration is 5 years, will expire in 18th June 2018.
I would like to apply for Indefinite Leave to Remain. I comply to all requirement and has no concern. However, I have below confusion.

According to Gov.uk website, "You can apply for an ILR under all categories within 28 days before the end of your 'qualifying period', not earlier."
a) Am I correct that the earliest I can actually put in my application is by 20th May 2018?

According to Gov.uk website also, "Customers applying in the UK for indefinite leave to remain (ILR) or no time limit (NTL) processing time 6 months"
b) This mean My existing visa will expire before I got the ILR!! :shock: This mean I have to leave UK for 6 months until my ILR approved? :?
c) Could I apply for visa extension and at the same time apply for ILR?

I am confuse, and cannot find any explanation anywhere.

Many thanks in advance.
Once you apply for ILR your current visa status is treated as continuing until ILR is processed. This is called 3c leave.

a.) On what date was your original visa valid from/ when did you arrive in the UK?

b.) Irrelevant (see my original point) - if you don't want to wait up to six months you can also apply in person for a premium fee.

c.) No.

Pasta26
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Re: Tier 2 Visa expired before ILR granted?

Post by Pasta26 » Thu Feb 08, 2018 9:37 am

physicskate wrote:
Wed Feb 07, 2018 8:23 pm
Once you apply for ILR your current visa status is treated as continuing until ILR is processed. This is called 3c leave.

a.) On what date was your original visa valid from/ when did you arrive in the UK?

b.) Irrelevant (see my original point) - if you don't want to wait up to six months you can also apply in person for a premium fee.

c.) No.
My visa valid from 19th May 2013 - 18th June 2018. I arrive UK on 30th May 2013, start working 1st June 2013.

The "You can apply for an ILR under all categories within 28 days before the end of your 'qualifying period', not earlier." is start from my arrival date (30th May 2018 because I first arrive London on 30th May 2018)? or last day of visa period (18th June 2018)?

Thanks for reminding me for the premium service.
a) without premium service - 6 months processing time
therefore, I will get my ILR by Dec 2018? and citizenship application (by naturalisation) by Dec 2019?

b) with premium service - get a decision on the same day (assumed no additional check)
therefore, I will get my ILR by Jun 2018? and citizenship application (by naturalisation) by Jun 2019?

If premium service can save me 6 months of waiting for citizenship application, I am considering to pay the premium service fees because I am quite concern how Brexit will impact ILR and citizenship application rule.

Many thanks.

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CR001
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Re: Tier 2 Visa expired before ILR granted?

Post by CR001 » Thu Feb 08, 2018 9:49 am

I am quite concern how Brexit will impact ILR and citizenship application rule.
Brexit has nothing to do with UK Immigration routes, ILR or Citizenship.

It affects EU nationals and their dependents on the EEA/EU route.
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.

Pasta26
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Re: Tier 2 Visa expired before ILR granted?

Post by Pasta26 » Thu Feb 08, 2018 4:05 pm

CR001 wrote:
Thu Feb 08, 2018 9:49 am
I am quite concern how Brexit will impact ILR and citizenship application rule.
Brexit has nothing to do with UK Immigration routes, ILR or Citizenship.

It affects EU nationals and their dependents on the EEA/EU route.
not to take any risk at all.
if i can save 6 months by paying for premium service, i would seriously consider it.
I am not sure if my below statement (6 months faster to get the citizenship by Jun2019) is correct,

a) without premium service - 6 months processing time
therefore, I will get my ILR by Dec 2018? and citizenship application (by naturalisation) by Dec 2019?

b) with premium service - get a decision on the same day (assumed no additional check)
therefore, I will get my ILR by Jun 2018? and citizenship application (by naturalisation) by Jun 2019?

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CR001
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Re: Tier 2 Visa expired before ILR granted?

Post by CR001 » Thu Feb 08, 2018 4:27 pm

It is your choice how you choose to apply. Strangers on an internet forum cannot make that decision for you.
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.

Pasta26
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Re: Tier 2 Visa expired before ILR granted?

Post by Pasta26 » Thu Feb 08, 2018 4:33 pm

CR001 wrote:
Thu Feb 08, 2018 4:27 pm
It is your choice how you choose to apply. Strangers on an internet forum cannot make that decision for you.
sorry, may be my questions below are not clear to you. let me re-phase them

a) without premium service - 6 months processing time
Will I get my ILR by Dec 2018 (assumed no delay)? Will I eligible to apply for citizenship (by naturalisation) by Dec 2019?

b) with premium service - get a decision on the same day (assumed no additional check)
Will I get my ILR by Jun 2018 (assumed no delay)? Will I eligible to apply for citizenship (by naturalisation) by Jun 2019?

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CR001
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Re: Tier 2 Visa expired before ILR granted?

Post by CR001 » Thu Feb 08, 2018 4:38 pm

a) without premium service - 6 months processing time
Will I get my ILR by Dec 2018 (assumed no delay)? Will I eligible to apply for citizenship (by naturalisation) by Dec 2019?
No one can tell you how long HO will, can or might take to make a decision on a postal ILR. Some members get a response within a couple of months, some members have been waiting for over a year.
b) with premium service - get a decision on the same day (assumed no additional check)
Will I get my ILR by Jun 2018 (assumed no delay)? Will I eligible to apply for citizenship (by naturalisation) by Jun 2019?
Again, there is no guarantee that you will get an ILR decision on the day if you apply in person. Many do, but many don't and it gets deferred for further checks.

Any questions about citizenship are irrelevant at this stage then and you should focus on you ILR first. You can apply for citizenship exactly 12 months after ILR unless married to a British citizen.
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.

Pasta26
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Re: Tier 2 Visa expired before ILR granted?

Post by Pasta26 » Thu Feb 08, 2018 5:10 pm

CR001 wrote:
Thu Feb 08, 2018 4:38 pm
No one can tell you how long HO will, can or might take to make a decision on a postal ILR. Some members get a response within a couple of months, some members have been waiting for over a year.

Again, there is no guarantee that you will get an ILR decision on the day if you apply in person. Many do, but many don't and it gets deferred for further checks.

Any questions about citizenship are irrelevant at this stage then and you should focus on you ILR first. You can apply for citizenship exactly 12 months after ILR unless married to a British citizen.
ok thanks.
Back to ILR, "You can apply for an ILR under all categories within 28 days before the end of your 'qualifying period', not earlier." is start from my arrival date (30th May 2018 because I first arrive London on 30th May 2013)? or last day of visa period (18th June 2018)?

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Re: Tier 2 Visa expired before ILR granted?

Post by katanayi » Thu Feb 08, 2018 8:30 pm

5 years from 19th may 2013 within 28 days

do maths here DATE CALCULATION

Pasta26
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Re: Tier 2 Visa expired before ILR granted?

Post by Pasta26 » Fri Feb 09, 2018 9:21 am

katanayi wrote:
Thu Feb 08, 2018 8:30 pm
5 years from 19th may 2013 within 28 days

do maths here DATE CALCULATION
from the math calculation link you provided, Final result date (19 May 2018)
Also, within 28 days, from the calculation, 19 May 2018 - 28days = 21 Apr 2018

This mean I can submit my application earliest by 21st Apr 2018?
This is very important date for me 8)

prabhjot
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Re: Tier 2 Visa expired before ILR granted?

Post by prabhjot » Tue Mar 05, 2019 10:29 pm

Can somebody please help me urgently!!

I had applied for an Indefinite leave to remain. While awaiting its decision, the tier 2 visa that I was on expired. I have just found out that my IRL has been rejected.

I now stand with a rejected IRL and an expired tier 2 visa since September 2018.

What are my options now?

Please PLease HELP!!

prabhjot
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Re: Tier 2 Visa expired before ILR granted?

Post by prabhjot » Wed Mar 06, 2019 12:21 am

CONTINUATION
Date of refusal 1st March.
Options given are either appeal within 14 days.
They have also mentioned that if there is reason for you to remain, you must make an application to remain.

The grounds for refusal were that the number of days i was outside UK were more than 540 over the last 10 years.

However, since my application in August, I have stayed in the UK continuously to this day, which is roughly 8 months now, so even that should be covered.

I dont know if I should appeal, or apply for a new tier 2 visa (they still havent returned my passport) or if I should make a new ILR application. PLEASE HELP

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Casa
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Re: Tier 2 Visa expired before ILR granted?

Post by Casa » Wed Mar 06, 2019 1:28 am

prabhjot wrote:
Wed Mar 06, 2019 12:21 am
CONTINUATION
Date of refusal 1st March.
Options given are either appeal within 14 days.
They have also mentioned that if there is reason for you to remain, you must make an application to remain.

The grounds for refusal were that the number of days i was outside UK were more than 540 over the last 10 years.

However, since my application in August, I have stayed in the UK continuously to this day, which is roughly 8 months now, so even that should be covered.

I dont know if I should appeal, or apply for a new tier 2 visa (they still havent returned my passport) or if I should make a new ILR application. PLEASE HELP
Please continue in your own topic instead of tagging your question onto the end of another member's thread. This is not only unfair the other member but also causes confusion and your question is not relevant to this topic :!:

indefinite-leave-to-remain/indefinite-l ... l#p1751355
(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.

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