Tier 1 Extension Main Applicant Got visa

[ind2touk]

Hi Admin,

Me and my dependent applied for tier 1 extension on July 2017.
We didn't receive any update until June 2018.

I'm 7 Months pregnant. We believed will get visa by June 2018 and call my parents for support.

I lost hope and requested home office voluntary withdraw application only for me on July 1st 2018 and took flight ticket on 17/07/2018 from Manchester.

Because Airlines will not allow 32 weeks of pregnancy after 18th July 2018. We don't want to take risk on our baby by waiting for visa.

After my husband send me off from airport, on the [same day] 17/07/2018 afternoon. He received visa with 2 Year extension valid from 13 July 2018 until 13 July 2020.

Me and my husband doubt, only after i requested withdraw application on July 2 2018, they checked my husband application and grant him visa on July 13 2018


My Questions are

1. I came to UK on April 2015 as Tier 1 dependent and completed 2 Years until April 2017
and applied Tier 1 extension and waited for decision until June 30 2018
Left UK on July 17 2018 for pregnancy?
[Totally i have stayed in UK for 3 Years 2 Months]
If i apply tier 1 dependent visa from India after my baby birth on September 2018 again and get dependent visa.

*will it counts towards continuous period of 5 years of ILR or My clock starts again newly.

2. Is there any chance to request home office to provide visa by any petition/case/MP?

Thanks.

[marcnath]

Me and my dependent applied for tier 1 extension on July 2017.
We didn't receive any update until June 2018.

I'm 7 Months pregnant. We believed will get visa by June 2018 and call my parents for support.

I lost hope and requested home office voluntary withdraw application only for me on July 1st 2018 and took flight ticket on 17/07/2018 from Manchester.

This is confusing. Are you the main applicant or the dependant ?

After my husband send me off from airport, on the [same day] 17/07/2018 afternoon. He received visa with 2 Year extension valid from 13 July 2018 until 13 July 2020.

Me and my husband doubt, only after i requested withdraw application on July 2 2018, they checked my husband application and grant him visa on July 13 2018


My Questions are

1. I came to UK on April 2015 as Tier 1 dependent and completed 2 Years until April 2017
and applied Tier 1 extension and waited for decision until June 30 2018
Left UK on July 17 2018 for pregnancy?
[Totally i have stayed in UK for 3 Years 2 Months]
If i apply tier 1 dependent visa from India after my baby birth on September 2018 again and get dependent visa.

*will it counts towards continuous period of 5 years of ILR or My clock starts again newly.

2. Is there any chance to request home office to provide visa by any petition/case/MP?

1. Unfortunately not. You currently do not have a visa and continuous period needs you to have a valid entry visa throughout
2. I doubt that

You would need to come back on a dependant visa and go through another 5 years from then. Alternatively, you can apply for a dependant visa now (within 14 days). It would still not meet the strict conditions of the ILR but you can try and request for a waiver at that time. Of course, you will need to ensure you meet the 180 day absence rule also.

[aahish]

I'm really sorry to hear that. Unfortunately your clock turns to Zero ( I did some research on this as i'm on the similar situation like you i have enquired citizens advise bureau and also a solicitor ) But as Marc said you can give a try with a covering letter in future to consider your previous stay i know it may cost you some money but you can give a try that's what i was advised by my solicitor. Acceptance surely depends on the case worker as they have no strict policy guidelines it may be considered on the fact of genuine reason. Best wishes

[marcnath]

I'm really sorry to hear that. Unfortunately your clock turns to Zero ( I did some research on this as i'm on the similar situation like you i have enquired citizens advise bureau and also a solicitor ) But as Marc said you can give a try with a covering letter in future to consider your previous stay i know it may cost you some money but you can give a try that's what i was advised by my solicitor. Acceptance surely depends on the case worker as they have no strict policy guidelines it may be considered on the fact of genuine reason. Best wishes

To be clear, the rules and policy guidance does clearly state you need continuous leave.

(c) have spent the remainder of the 5 year period, where applicable, with leave as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules,

That is now broken. So, there is nothing unclear about it.

But, at the end of the day, HO does have discretion allowed in the rules. But it is very rarely exercised as they would be worried about creating a precedence.

To even ask for that, it is important that the visa be applied for within 14 days and then hope that the overstay waiver condition (even if this is not an overstay) can be used. One can try arguing that since an overstayer in a similar circumstance would be given ILR, someone who legally left should be given the same consideration.