Applying for ILR on Mar 2016

[abdelrahman.awwad]

Dear all,

I need your advice on my current situation.You may have seen similar cases before, but I think my story is a little bit interesting .

I have applied for the Tier 1 general migrant Visa in 2010

Date of Stamp 20/Dec/2010 Cairo/Egypt

While this was happening Millions of protester started the January 25th 11 Egyptian Revolution. The Country Was literally closed, no schools, shops or banks.Curfew was imposed police was gradually replaced by military troops. To cut it short I couldn't leave at that time or leave my family, and my two sons didn't have their passports issued yet.

Entered the UK on 1/Apr/2011 ( after 102 days ) in order to find a home and a Job before moving my family.After I returned my mother informed me that my father was ill and was later diagnosed with (Liver Cancer) being his only son it became my responsibility to look after him and accompany him to clinics and unfortunately we suffered from long waiting lists in both public and private clinics.
So I will be justifying my absence for compelling an compassionate reasons .

absences :

Away #1 Away #2 Total/yr

Year 1 02-Mar-16 02-Mar-15 0 0
Year 2 02-Mar-15 02-Mar-14 15 15
Year 3 02-Mar-14 02-Mar-13 16 16
Year 4 02-Mar-13 02-Mar-12 28 7 35
Year 5 02-Mar-12 01-Apr-11 158 160 318 Medical Reports Medical CD & Certificate of death

Grand Total 384

When calculated on Excel it gives 4.956 yrs but not 5
Entry Date : 1/Apr/2011
Expiry of Tier1 ( after second extension) 14/03/2016
It will only qualify for 5 yrs if I applied on 02/03/2016 ( 12 days before expiry)

Kindly advise me on the following :
1- Can I apply before the qualifying period by 12 days , does the 28 day rule applies on my case since I entered the country after 102 days from the Stamp ?
2-If the compassionate reasons were not accepted for any reason will I have the right to appeal , should this appeal happen in-country or outside.
3-will they consider that I have 2 sons who came too young and doesn't speak any other language except English.
4- Will they Consider a mortgaged house with 5 year fixed term purchased on Dec 2014
5- If I switch to Tier2 (which is not easy) and will be impacting by dependents continuous stay will this be counted towards my stay without the need of having the Tier1 as the most recent Visa ??
6-My application is not straight forward so Shall I apply by post or in-person.
7- Any out of the box suggestions are welcomed.


Thank You Very Much
Regards
Abdel

[abdelrahman.awwad]

Guys ? can anyone support me on this please ? .. Thanks

[p_shah]

hi Abdel,

i am not an expert and my suggestion is to go for a proper soliciter.

there was initially a requirement of no more than 90-days out of UK and was changed in 2012 no more than 180-days out of UK to go for ILR if you fulfill that requirements than my suggestion would be go on Post as that will give you more days to stay and eliminate the first year.

shah

[secret.simon]

Posted in error

[secret.simon]

1- Can I apply before the qualifying period by 12 days , does the 28 day rule applies on my case since I entered the country after 102 days from the Stamp ?

The 90 day rule (for entry into the country) and the 28 day rule (for applications) are two separate rules. So, you can apply 28 days before the 5th anniversary of your arrival into the UK. I would not do it on the 28th day itself, but slightly later (atleast the 25th-26th day).

3-will they consider that I have 2 sons who came too young and doesn't speak any other language except English.4- Will they Consider a mortgaged house with 5 year fixed term purchased on Dec 2014

They will consider it, but a Tier 1 G application is done according to prescribed rules that focus on your work. It is a work visa after all. From the Home Office point of view, the children are young enough to adapt to life and learn the language of any country, including your home country.

The children will get rights if they have been in the UK for atleast 7 years. Even then, it is only the right to stay here on limited 2.5 year visas for 10 years at which time they would get ILR.
The mortgaged house is irrelevant to a visa application.

6-My application is not straight forward so Shall I apply by post or in-person.

Definitely by post. You said it yourself that it is not straightforward. PEO (same day personal applications) is best for straightforward applications. If the caseworker thinks it is a complicated case, s/he can hold on giving the decision, so you will have paid the £500 fee for the PEO service for nothing.

[abdelrahman.awwad]

Thank you very much Simon , Please wish me luck