Set LR application

[baray7]

Dear Members,

I currently hold Tier2 work permit visa till year 2020 march, however from this month I am eligible to apply for SET LR 10 years route settlement visa. My question is worse come worse if I if put a SET LR visa premium service application and it gets rejected would I still be able to walk out with existing tier 2 visa or will i get detained.

Thank you in advance

[CR001]

ILR refusal does NOT mean your tier 2 gets cancelled or you get detained. Obvs providing there is no false declarations or documentation etc.

Bear in mind that if you apply for ILR based on long residence, if you have dependents then they have to switch to FLR(M) which resets their clock to zero for ILR.

[baray7]

Thank you for a quick response appreciate that.

[baray7]

furthermore, The SET LR online application form is comparatively simple to standard printed out application form. is this normal or am I in a wrong place?

[CR001]

It's normal. All the online forms are 'simpler'.

[baray7]

Hello ,

Thank you for your response.

Final question, I am travelling home for 4 weeks holiday on 9th of october this year (in 5 weeks time).Thus, if I put a standard SET LR application, halfway in application process will I be able to get the passport from HO for travelling ? Or would you suggest a POS.

thanks

[CR001]

Travelling out of the UK while you have an application pending causes your application to be withdrawn. You should apply when you come back then.

[baray7]

okay thank you very much for your quick response. advice taken

Best regards

[baray7]

Hello Good Morning,

I came to UK as a student in 20th of September 2008 - 2010 (2 years collage foundation diploma course)
Got my student visa extended in 2010 -2013 (3 years university degree course)
Applied for Tier 2 work permit visa in the year 2013 November but got refused due to wrong SOC code, therefore I put an appeal against it which dragged for an year and finally got the visa in year 2014 Dec till 2018 January.
Applied for tier 2 visa extension in january and it got refused in Feb for less salary threshold 23K, within 28 working days applied again with a new COS and higher salary 24K and got the visa approved till 2020 March.

As of to date I am eligible to apply for SET LR 10 year long residency isn't it ? Also do i need to cancel the COS from tier 2 sponsors now or should I leave it as it is ?

[eastwood]

Hello Good Morning,

I came to UK as a student in 20th of September 2008 - 2010 (2 years collage foundation diploma course)
Got my student visa extended in 2010 -2013 (3 years university degree course)
Applied for Tier 2 work permit visa in the year 2013 November but got refused due to wrong SOC code, therefore I put an appeal against it which dragged for an year and finally got the visa in year 2014 Dec till 2018 January.
Applied for tier 2 visa extension in january and it got refused in Feb for less salary threshold 23K, within 28 working days applied again with a new COS and higher salary 24K and got the visa approved till 2020 March.

As of to date I am eligible to apply for SET LR 10 year long residency isn't it ? Also do i need to cancel the COS from tier 2 sponsors now or should I leave it as it is ?

When did you receive your refusal in 2018 and when did you make the fresh application? Were you giving appeal right with your refusal?

Since Nov 2016 the 28 days (not working days) grace became 14 days, you have to apply within 14 days of refusal or your appeal rights lapses. (Check below 39E(2)), also 276B(v))

Exceptions for overstayers
39E. This paragraph applies where:
(1) the application was made within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time; or
(2) the application was made:
(a) following the refusal of a previous application for leave which was made in-time; and
(b) within 14 days of:
(i) the refusal of the previous application for leave; or
(ii) the expiry of any leave extended by section 3C of the Immigration Act 1971; or
(iii) the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or
(iv) any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.

276B. The requirements to be met by an applicant for indefinite leave to remain on the ground of long residence in the United Kingdom are that:
(v) the applicant must not be in the UK in breach of immigration laws, except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded. Any previous period of overstaying between periods of leave will also be disregarded where –
(a) the previous application was made before 24 November 2016 and within 28 days of the expiry of leave; or
(b) the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied.

[baray7]

Thank you for your response.

I applied for Tier 2 visa extension on 5th of January 2018
Application for Leave to remain under tier2 PBS refused on 5th February 2018 for less salary threshold
Made an administrative review within 14 days but got refused on 22nd of February
New application was sent on 3rd of March (within 14 days) with new COS and higher salary threshold.
Tier2 Extension granted on 13th March 2018 - 13th March 2020

thank you

[baray7]

Hello Good Morning,

I came to UK as a student in 20th of September 2008 - 2010 (2 years collage foundation diploma course)
Got my student visa extended in 2010 -2013 (3 years university degree course)
Applied for Tier 2 work permit visa in the year 2013 November but got refused due to wrong SOC code, therefore I put an appeal against it which dragged for an year and finally got the visa in year 2014 Dec till 2018 January.
Applied for tier 2 visa extension in january and it got refused in Feb for less salary threshold 23K, within 28 working days applied again with a new COS and higher salary 24K and got the visa approved till 2020 March.

As of to date I am eligible to apply for SET LR 10 year long residency isn't it ? Also do i need to cancel the COS from tier 2 sponsors now or should I leave it as it is ?

When did you receive your refusal in 2018 and when did you make the fresh application? Were you giving appeal right with your refusal?

Since Nov 2016 the 28 days (not working days) grace became 14 days, you have to apply within 14 days of refusal or your appeal rights lapses. (Check below 39E(2)), also 276B(v))

Exceptions for overstayers
39E. This paragraph applies where:
(1) the application was made within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time; or
(2) the application was made:
(a) following the refusal of a previous application for leave which was made in-time; and
(b) within 14 days of:
(i) the refusal of the previous application for leave; or
(ii) the expiry of any leave extended by section 3C of the Immigration Act 1971; or
(iii) the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or
(iv) any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.

276B. The requirements to be met by an applicant for indefinite leave to remain on the ground of long residence in the United Kingdom are that:
(v) the applicant must not be in the UK in breach of immigration laws, except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded. Any previous period of overstaying between periods of leave will also be disregarded where –
(a) the previous application was made before 24 November 2016 and within 28 days of the expiry of leave; or
(b) the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied.

I should be fine to apply for SET LR right ? please advise.

[eastwood]

Thank you for your response.

I applied for Tier 2 visa extension on 5th of January 2018
Application for Leave to remain under tier2 PBS refused on 5th February 2018 for less salary threshold
Made an administrative review within 14 days but got refused on 22nd of February
New application was sent on 3rd of March (within 14 days) with new COS and higher salary threshold.
Tier2 Extension granted on 13th March 2018 - 13th March 2020

thank you

Looks fine to me, as long as you satisfy 276B you are good.

[baray7]

Thank you for your response, much appreciated your time.

best regards

[Djsuccess]

As of to date I am eligible to apply for SET LR 10 year long residency isn't it ? Also do i need to cancel the COS from tier 2 sponsors now or should I leave it as it is ?

Don't cancel your Tier 2 visa if you have not received your ILR.

[baray7]

As of to date I am eligible to apply for SET LR 10 year long residency isn't it ? Also do i need to cancel the COS from tier 2 sponsors now or should I leave it as it is ?

Don't cancel your Tier 2 visa if you have not received your ILR.

Yes sure I will make sure to keep it active until i receive an approval.

thank you very much