Visa extension if ILR gets rejected

[garrick]

Hi, Can anyone please tell me what are chances of getting visa extension approved under the same route if ILR application is rejected?

[CR001]

It depends on if your visa has expired and what the reasons for ilr refusal are.

[garrick]

visa will be expired in most cases as ILR is applied just 28 days before expiry of visa. What type of reasons of ILR rejection can increase chances of switching to dependent of spouse visa disapproved?

I know its very hypothetical query but i am very anxious about pending decision of my ILR under T1 Global talent route. My wife has her own Tier 2 skilled visa.

[AmazonianX]

visa will be expired in most cases as ILR is applied just 28 days before expiry of visa. What type of reasons of ILR rejection can increase chances of switching to dependent of spouse visa disapproved?

I know its very hypothetical query but i am very anxious about pending decision of my ILR under T1 Global talent route. My wife has her own Tier 2 skilled visa.

You are correct quite hypothetical, let the decision be out first and hopefully favourable. If otherwise then you can state the specifics of the refusal and will get opinions as appropriate.

[garrick]

Hi, Can anyone tell me how long in general it is taking now a days for decision on ILR application? I submitted it under super priority but as case worker asked for additional doc, I believe my application will now be treated under standard category.

My earlier query was locked hence sending again.

[CR001]

It was locked because you are persistently starting new random topics for no particular reason.

You already have an existing topic about this issue and you can view the timelines thread to understand how long most apllications take.

[zimba]

Hi, Can anyone tell me how long in general it is taking now a days for decision on ILR application? I submitted it under super priority but as case worker asked for additional doc, I believe my application will now be treated under standard category.

My earlier query was locked hence sending again.

Yes and you will get no refund. There are no super-priority guarantees. If they need more documents, then your application will be processed normally

[garrick]

hello admin team, requesting urgent help. My ILR application is refused. I received mail today about it with one liner reason mentioned as lack of sufficient information as per ILR requirements.

I am totally shocked about it and not sure what to do. My current visa is expired. Can you please suggest if I should go for judicial review as mentioned in the mail? OR shall I apply for fresh visa to move to my wife’s dependent who has her own Tier 2 skilled visa. How much time I have to follow either of these options? Can I first go for judicial review and if unsuccessful than go for dependent visa?

sorry for asking so many questions. I never imagined in my wildest dream that this will happen after spending 7 years in this country and settled fully. Please help and suggest options.

[CR001]

My ILR application is refused. I received mail today about it with one liner reason mentioned as lack of sufficient information as per ILR requirements.

What does the letter/email state exactly, word for word?

[garrick]

It says and I quote “ Your application for ILR with the URN number XXXXX is rejected as per home office guidelines for not meeting required documentation and due to lack of sufficient information. You have 14 days to apply for review if you think this decision is not as per your expectation. You may consult your immigration solicitor for further guidance. You have to leave the country post 14 days period if you wish not to proceed for review”

After this they have mentioned steps for review and other general stuff.

Please guide me. I am feeling helpless.Can I talk to any admin please.

[CR001]

Useful if you state what your full visa and immigration history is and what documents you submitted for ilr, what additional document you are asked for and how you qualified for ilr based on tier 1 global talent?

[garrick]

I landed in UK on Tier 2 ICT visa in August 2014 along with family (wife and son) who were on dependent visa. My wife moved to Tier 2 skilled visa in Aug 2018 and I moved to Tier 1 GT visa in Dec 2018.

I was eligible for ILR in 3 years as i was endorsed by tech nation under exceptional talent.

I submitted application for ILR on 22nd Nov. documents submitted were : Tech nation endorsement, letter from employer stating earning, 6 months bank statement and payslips, P60 , tax statements, employment contract, Naric letters.

[garrick]

I was asked for marriage certificate and joint utility bill copy as additional document which i sent it immediately.

[CR001]

What job so you an are you still endorsed by technation, ie it has not been withdrawn?

And we're you definitely endorsed as exceptional talent and not exceptional promise?

[garrick]

I am in IT organisation and working in digital field. Technation has not withdrawn my endorsement. I was endorsed as Exceptional Talent ( not promise).

Please suggest as I am totally clueless how to handle this situation.

[garrick]

hello admin, sorry to push but please suggest way forward. Me and my family is in difficult situation.

[zimba]

I am in IT organisation and working in digital field. Technation has not withdrawn my endorsement. I was endorsed as Exceptional Talent ( not promise).

Please suggest as I am totally clueless how to handle this situation.

Provide full immigration history including dates. What documents did you submit ?? Also what documents did they ask later from you? It seems they are not satisfied that you qualify as per rules. We do not have a magic ball to read your mind. Provide all the relevant information if you need advice

[vinny]

See also Settlement by a person on the Global Talent route and Caseworker Guidance for what they had expected.

It’s unclear from your extract of the refusal on what documents were missing and why they had not requested them? Or perhaps they did request them but did not get them?

[garrick]

@zimba, I have given my full immigration history above. You do not need any crystal ball!! Please be sensitive while replying or giving any such statement. You do not know what I am going through at the monent.

[garrick]

Can anyone please help?

[zimba]

I am in IT organisation and working in digital field. Technation has not withdrawn my endorsement. I was endorsed as Exceptional Talent ( not promise).

Please suggest as I am totally clueless how to handle this situation.

Provide full immigration history including dates. What documents did you submit ?? Also what documents did they ask later from you? It seems they are not satisfied that you qualify as per rules. We do not have a magic ball to read your mind. Provide all the relevant information if you need advice

You are now being asked several times to provide the details If you want advice then provide the requested information here

[garrick]

@Zimba, As I mentioned previously, I have already provided information that you are looking for above as per request from CR001. Why do you want me to send same info again when you can easily scroll up and check. Please check above and let me know if anything is missing.

[zimba]

Zimba, As I mentioned previously, I have already provided information that you are looking for above as per request from CR001. Why do you want me to send same info again when you can easily scroll up and check. Please check above and let me know if anything is missing.

You need to disclose how and why you were endorsed by tech nation. Has any of those initial conditions have changed? Are you now working in a different field ?? All these options must be evaluated. Do you have any decision letter that mentions how you failed as per rules ?

What you submitted does not suggest you missed anything by the look of it. The requirements for settlement are very small as per rules. The only two major issues can be endorsement being withdrawn or earning money in a field that was unrelated to the field you were granted endorsement for. What was the basis for your endorsement and what was the field you were endorsed under ??

Tech is quite a generic term and comprised of many many subfields.

Endorsement requirement for settlement by a person on the Global Talent route
GT 10.1. If the applicant was granted their initial application using an endorsement, the endorsement must not have been withdrawn by the endorsing body.

GT 10.2. The applicant must have earned money in the UK during their last period of permission in the field in either:
(a) a field related to the subject matter of their prize if they were granted for their initial application using a prize listed in Appendix Global Talent: Prestigious Prizes; or
(b) the field in which they were previously endorsed in the Global Talent route if they were granted their initial application using an endorsement.

https://www.gov.uk/guidance/immigration ... bal-talent

[garrick]

Thanks Zimba. I am meeting all the conditions aa per details provided by you. I am endorsed by TechNation in digital technology field and i am currently working in the same field. I have submitted letter from employer also stating this.

Decision letter from homeoffice does not provide much details.

What shall i do now? Shall i apply for judicial review or switch to my wife’s dependent who is on Tier 2 skilled visa. OR shall i first apply for judicial review and if unsuccessful then go for dependent visa?

Please help as I have only 14 days before I am kicked out of this country.

[zimba]

I suggest keeping calm. This might be an error on their part that can be rectified in a simple administrative review. If you apply for AR, section 3C protects you and you remain a lawful resident until then AR is concluded. You can keep working as normal and stay without any issues so do not worry at all.

You must now apply for administrative review within 14 days and explain that you provided all the evidence and qualify as per rules and the decision to refuse is incorrect. Going for an extension under-skilled worker route is not recommended at the moment as you seem to be eligible for ILR and that will reset your ILR clock. So first step is AR for now.

https://www.gov.uk/ask-for-a-visa-admin ... -in-the-uk

Apply here to AR: https://visas-immigration.service.gov.u ... ive-review