REFUSAL ILR

[amir1979]

Hi Everyone,

I need a best advise please, i applied ILR in April i got a refusal today reason given is in 09 may 2011 my PSW was expire and i didn't know so i reapply TIER 2 on 9th June 2011 which was granted on 23th august 2011, there is a gap of 31 days but H/O refusal letter saying i over stayed 3 month 12 days they calculating my time from 10 may 2011 till 22 august 2011.
when i filled form i mention this gap from 9 may 2011 till 9 June 2011 but i didn't gave any reason.my question is

Is that really a time H/O count from 10 may 2011 till 22 august 2011 is right, or from 9 may till 9 June is right i bit confuse.
they did not gave me right of appeal cause i have current leave till 2015 i have spoken to solicitor he advise me that i got 30 days gap and on this time my wife was pregnant we were excepting baby is that i can give a reason and send application to re consider thanks

[riz1986]

its a bit complicated ....since u didn't apply within 28days after ur visa expiry so u made an out of time application on 9th June so in a way there r right to consider u r overstayer until u got ur new visa but on the other hand they gave u the tier 2 visa that means dey disregard dat overstay period of 31 days.....
u can send a reconsider request to HO arguing that previous overstay period (30 odd days) was disregarded and u got new visa so they must give u ILR nw.

otherwise if u stay on tier 2 route u wuld be eligible for ILR in Aug 2016 which is not dat long.

[Spatacus]

Hi Everyone,

I need a best advise please, i applied ILR in April i got a refusal today reason given is in 09 may 2011 my PSW was expire and i didn't know so i reapply TIER 2 on 9th June 2011 which was granted on 23th august 2011, there is a gap of 31 days but H/O refusal letter saying i over stayed 3 month 12 days they calculating my time from 10 may 2011 till 22 august 2011.
when i filled form i mention this gap from 9 may 2011 till 9 June 2011 but i didn't gave any reason.my question is

Is that really a time H/O count from 10 may 2011 till 22 august 2011 is right, or from 9 may till 9 June is right i bit confuse.
they did not gave me right of appeal cause i have current leave till 2015 i have spoken to solicitor he advise me that i got 30 days gap and on this time my wife was pregnant we were excepting baby is that i can give a reason and send application to re consider thanks

Re: REFUSAL ILR
Unread postby riz1986 » Wed Sep 24, 2014 12:57 pm

its a bit complicated ....since u didn't apply within 28days after ur visa expiry so u made an out of time application on 9th June so in a way there r right to consider u r overstayer until u got ur new visa but on the other hand they gave u the tier 2 visa that means dey disregard dat overstay period of 31 days.....
u can send a reconsider request to HO arguing that previous overstay period (30 odd days) was disregarded and u got new visa so they must give u ILR nw.

otherwise if u stay on tier 2 route u wuld be eligible for ILR in Aug 2016 which is not dat long.