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advice

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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

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jk123456
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Joined: Fri May 17, 2019 7:34 am
India

advice

Post by jk123456 » Fri May 17, 2019 7:45 am

2. The Applicant entered the UK on 04th October 2009 as a Tier 4 General Student with Entry clearance valid from 22nd September 2009 to valid until 30th January 2011.

3. On 4th January 2011 the Applicant submitted an application for leave to remain as a Tier 1 post study migrant and was granted leave to remain on that basis until 8 February 2013.

4. On 07th February 2013, the Applicant was granted Tier 2 (General) Migrant. On 28th May 2015 the Applicant switched his Tier 2 (General) Migrant status to another Tier 2 sponsor. This was valid until 06th June 2018.

5. On 06th June 2016 the Applicant’s Tier 2 leave to remain was curtailed to expire on 08th August 2016 because the Sponsor Licence for his employer was revoked.

6. On 7th August 2016 the Applicant submitted an application for leave to remain on the basis of his private and family life in the UK. On 23rd June 2017 the Applicant varied his application for leave to remain which was refused on 5 July 2017.

7. The Applicant submitted a pre-action letter to the SSHD on 14 July 2017. On 17 July 2017, the Respondent responded to the PAP and maintained his decision.

8. On 20 July 2017, the Applicant submitted an application for Judicial Review. On 20 September 2017 the SSHD agreed to reconsider the Applicant’s application.

9. On 23 January 2018 the Applicant’s application was refused.

10. On 19 February 2018 the Applicant submitted a pre-action protocol letter to the SSHD. On 21 February 2018, the Respondent responded to the PAP and maintained his decision.

11. On 5 March 2018 the Applicant submitted an application for Judicial Review for which permission was refused on 2 October 2018.

12. The Applicant submitted an application for leave to remain in February 2018 which is currently outstanding , It was mentioned in the application that the Applicant has been trying his best to find another Tier 2 Sponsor and that he is in the process of doing so.

13. The Applicant has now found a Tier 2 Sponsor and has obtained the relevant CoS and therefore makes this application to make a variation application of his existing FLR FP application under the relevant immigration rules and seeks to apply as a Tier 2 General migrant.

Application for Variation

14. Please note that the Applicant submitted an FLR FP application in February 2018 which remains outstanding with the Home Office.

15. The Applicant now wishes to make a variation application of his existing FLR FP application under the relevant Immigration Rules.

16. The Applicant is submitting this application for leave to remain as a Tier 2 migrant under Para 245HD of the Immigration Rules

17. The applicant granted leave 18-12-2018 to 07-02-2019
i left uk on 07-02-2019 i want to know with in how many days i need to come , will i be able to apply for tire 1 from my country and apply for ilr if i come to uk ?
please kindly advice.

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Casa
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Re: advice

Post by Casa » Fri May 17, 2019 7:59 am

You posted your questions in the sub-forum "Newly Arrived in UK - General How To queries (NO immigration/visa/ILR queries)"

It has now been moved to the correct 'Tier 2 applications'.
(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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CR001
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Re: advice

Post by CR001 » Fri May 17, 2019 8:12 am

i left uk on 07-02-2019 i want to know with in how many days i need to come
Not sure how you can come to the UK as you don't appear to have a valid visa.
will i be able to apply for tire 1 from my country and apply for ilr if i come to uk ?
Tier 1 is now closed for new applications.

Do you mean apply for ILR based on long residence??

You don't appear to have 10 years legal stay. JR process doesn't give section 3C protection so while doing JR, you likely had no legal stay in the UK and therfore your long residence is broken.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Frontier Mole
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Re: advice

Post by Frontier Mole » Fri May 17, 2019 8:13 am

It all depends on how long you remain out of the country wither you reset your ILR clock again or not.

If you go beyond 180 days I believe you lose the continuing leave element and therefore returning to the UK would start your ILR clock again.

Given your immigration history I would doubt you will be granted a tier 1 visa if there is the slightest or errors or doubt as to your business plan.

jk123456
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India

Re: advice

Post by jk123456 » Fri May 17, 2019 8:19 am

Okay that’s fine I am just checking what if I come as student employer provide me cos till 2021 but ukvi grant me leave only for month

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Frontier Mole
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Re: advice

Post by Frontier Mole » Sat May 18, 2019 10:20 am

There is not a university that will easily consider you as a viable student given your history. And even if they did issue a CAS I am not seeing you getting through the visa application interview that readily either.

The grant of the Tier 2 visa for such a short period - probably because your time under tier 2 was maxed out under the 6 year rule.

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Frontier Mole
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Re: advice

Post by Frontier Mole » Sat May 18, 2019 10:24 am

Having tread your immigration history the reason for the short visa was because of the Tier 2 - 6 year rule.
To have stayed on under Tier 2 ILR application would have been the route to have gone down- assuming your salary qualified under the ILR threshold.

jk123456
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Joined: Fri May 17, 2019 7:34 am
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Re: advice

Post by jk123456 » Sat May 18, 2019 4:50 pm

Couldn’t able to reach salary mark and I don’t want play around .Any way I left the country like legal entry legal exit thank you for your reply

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