ILR refused - Tier 2 ICT 04/2010- CoS/App dates/rules issues

[Rahulv]

Hi All,

Hello There,

I have applied for ILR on 5th April 2016 on the basis of T2 ICT int com tran migrant & completing 5 years.

I have never been out of UK for more than 180 days in last 5 years. I was out for 178 days in 4th year and 162 in 3rd year, but its still less than 180 days.

Also, Visa applied 6th April 2010, COS Issued in March 2010 ( rules got changed on 6th April 2010).

Solicitor has taken the basis that COS issues in March should be considered rather than Visa stamp date.

All other items are correct, Salary, SOC code, Letter from employer etc....

been extending visa lawfully in the same T2 ICT Long term category ever since.

However, MY ILR application is refused by Croydon PSC on the basis that I have not spent 5 years per the rules in place before 6th April 2010.

I have submitted for admin review....on the below basis.


1. Case worker assumed incorrect date of my application - they considered 9th Jan 2016 as my application date, however I applied on 5th April 2016. It’s a clear error from Caseworker.
a. 9th Jan was the date when I last submitted my Tier 2 extension in current category, don’t know they taken it as a reference. Also, If I count my absence based on 9th Jan then I am out for 211 days in one of the year, which is a clear rejection.

2. They have not carefully considered the Letter from solicitor that date of COS assignment should be considered rather than date of application.

I am not awaiting the decision.

let me know what do you think and any suggestion or options I have now. Thanks a lot for your help in this tough time.

Regards,
Rahul

[noajthan]

To avoid confusion & jumbled responses, I have moved your question to its own thread (this one).

[CR001]

For applications made abroad for entry clearance, the date of application is considered to be the date you paid your visa fee.

Was this payment made on the 6th April 2010?

[Rahulv]

Hi there,

Application and fee both submitted on 6th April 2010.

I have my friend having same condition but he was granted ILR.

My solicitor is requesting UKBA to consider the date COS letter to as generated (it was generated in March 2010) to be considered as the basis of providing ILR rather than date of application.

She has quoted a HSMP decision which was passed in 2008. I don't remember the name of the judge/case who passed thAt decision.

Thnx for ur help, let m know if you want any other info.

Regards

[CR001]

I am doing some research and trying to find more information for you and will let you know as soon as I find anything whether positive or negative.

Hopefully Vinny or Manci will see your topic and also perhaps offer some advice.

[Rahulv]

Thanks a lot mate for your effort.

Hi Vinny and Manci, pls suggest your opinion.
Regards

[Rahulv]

hi Vinni, Manci.

any suggestions...

also, I believe I & my wife still have the right to work in UK unless we finally receive our decision.

Regards,
Rahul

[Rahulv]

I am doing some research and trying to find more information for you and will let you know as soon as I find anything whether positive or negative.

Hopefully Vinny or Manci will see your topic and also perhaps offer some advice.

Hi Mate,

any updates please?

I have not heard anything from UKBA till now.

Regards,
Rahul

[Rahulv]

Hi All,

My ILR was refused even on the 2nd decision ( admin review) and my Wife's passport was held by UKBA. We contacted them to to send the passport back and UKBA told that the passport will be sent to the Airport.

we have made voluntary decision to go back to India as we do not have valid leave to stay/work in the UK.

UKBA confirmed there will be no re-entry ban.

Now we both are in India, I would like to evaluate some options and seek expert help from the Forum.

1. Is there a chance, I could pursue chasing the existing ILR application from India via a solicitor etc...
2. Is there a chance my current leave can be considered for any fresh UK visa application leave towards ILR made from India
3. To obtain ILR is there any option for me?

I am very disheartened as my friend got ILR on similar grounds and similar basis solicitor prepared which was rejected in my case.

As my ILR refusal was before Brexit Vote, is my ILR refused as a measure to cut over all immigration in UK

I hope there is some way to share my grievance to UK authorities.

Thanks for your help in advance
Regards

[noajthan]

If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.

(Sun Tzu)

UKBA was abolished in 2013.

ILR is nothing to do with Brexit.

[Rahulv]

Thanks NoaJhthan,

UKBA = HO ( Home Office)..

Thanks for the Quotes.

Do you have any comments on my questions.

Regards,

[secret.simon]

Quote from Page 28 of the Tier 2 Policy Guidance from webarchives for 6th April 2010;

Date of application

For applications made outside the United Kingdom, the date of application is taken to
182. be the date that the fee is paid. This means the date shown on your payment receipt, which
depends on how you paid for your visa application, for example at a British Diplomatic Post, visa
application centre or online.

For applications made in the United Kingdom, the date of application is taken to be the
183. date of posting or, where the application form is sent by courier, the date on which it is delivered
to us.

No mention of COS issual date. Using the guidance mentioned above, what was the date of application?

If it was 6th April 2010, the rules in force from that date apply. Remember that the rules are published forty days in advance, so they are unlikely to come as a surprise.

[Rahulv]

Visa Application Date in India was 6th April 2010.

My friend, applied via a solicitor with the similar case and application date . He was issued ILR on the same date and hence I also applied via same solicitor.

Is there any other way my old days spent in UK can be considered in ILR if I apply via fresh application.

[secret.simon]

So, just to confirm, the date shown on your payment receipt is 6th April 2010. Is that correct?

My friend, applied via a solicitor with the similar case and application date

Just to clarify, was your friend's date of application 6th April 2010 or later?

Even if it was 5th April, the rules were different.

Midnight on that date (5th/6th April) was the equivalent of a cliff edge. Before and after were completely different rules. So, the payment date of your friend's original application could have made a difference.

Is there any other way my old days spent in UK can be considered in ILR if I apply via fresh application.

I am not au fait with Tier 2 ICT rules, but are you not required to have a cooling off period of a year before any fresh application (I could be completely wrong on this point)?

Reference and link removed by moderator

What was the date of the final AR refusal?

[CR001]

Reference and link removed by moderator

I have edited your post in line with the board T&Cs.

[Rahulv]

So, just to confirm, the date shown on your payment receipt is 6th April 2010. Is that correct?

My friend, applied via a solicitor with the similar case and application date

Just to clarify, was your friend's date of application 6th April 2010 or later?

He Applied on same day as me. 6th April 2010.

Even if it was 5th April, the rules were different.

Midnight on that date (5th/6th April) was the equivalent of a cliff edge. Before and after were completely different rules. So, the payment date of your friend's original application could have made a difference.

Is there any other way my old days spent in UK can be considered in ILR if I apply via fresh application.

I am not au fait with Tier 2 ICT rules, but are you not required to have a cooling off period of a year before any fresh application (I could be completely wrong on this point)?

Reference and link removed by moderator

What was the date of the final AR refusal?

Refusal date of Final AR was 6th June 2016.

Let me know if you need any more information.

[harshitguptaiitr]

However, MY ILR application is refused by Croydon PSC on the basis that I have not spent 5 years per the rules in place before 6th April 2010.

I am a little confused about 5 years residence statement.

• Apr 2010 to Jan 2016 is already more than 5 years

• Rules after 6 Apr 2010 does not give ILR after 5 years on Tier-2 ICT Visa. Did the rejection letter mention that?

[Rahulv]

However, MY ILR application is refused by Croydon PSC on the basis that I have not spent 5 years per the rules in place before 6th April 2010.

I am a little confused about 5 years residence statement.

• Apr 2010 to Jan 2016 is already more than 5 years

• Rules after 6 Apr 2010 does not give ILR after 5 years on Tier-2 ICT Visa. Did the rejection letter mention that?

this is what HO has mentioned on the letter. They have clearly mentioned that "you failed to satisfy the requirements of Paragraph 245GF(d) (i)"

it seem they are saying my leave is as per the rules from 6th April 2010 and therefore i did not completed the leave of 5 years as per the rules before 6th april as I only submitted my application on 6th April 2010


1 date in life can make such a huge difference

[Rahulv]

Dear All,

( Sp Help request to Manci and other Immigration Gurus)

What other options do I have now if in case I can request for consideration of the same application as I am in India now.

If I apply for a fresh Tier 2 ICT or Tier 2 general then Again I need to be in the UK for 5 years before I apply for ILR.

Thanks for your help
Regards,

[Rahulv]

Dear All,

can you shed some light on above?

Thanks for your help....

Regards

[Petaltop]

If I apply for a fresh Tier 2 ICT or Tier 2 general then Again I need to be in the UK for 5 years before I apply for ILR.

Tier 2 ICT does not lead to settlement (ILR)

Tier 2 General could maybe after 5 years, but like Simon says ('scus the pun) I also thought there might be a 12 month cooling off period before a Tier 2 General. You could have a look at that on the stickies on top of the Tier 2 board as that should tell you.
http://www.immigrationboards.com/uk-tie ... red-visas/

Or ask on that board.