Long Residency gap ?

[green599]

Guys,

I need some help, My Tier 2 General Visa extension was refused in Jun 2016, My current visa (T2G) is valid till early week of Dec 2016. I know I cannot get extension as I don’t meet the salary criteria.

I am in UK for 9 years, I already have Hons degree from UK and now I have applied for MSc course which is been accepted. I haven’t paid the fees or haven’t received the CAS yet..

The problem is that the Visa Ends early Dec 2016 and course starts on 23rd January 2017. There is 6 weeks gap between the visa expiry and course starting date.

Just wondering if I go back home country (PK) and apply from there for the Visa, is it going to affect my long resident period?

Can anyone please help?

[vinny]

Should be okay if you depart before expiry of leave and return within six months and haven't been absent for more than 18 months over the 10 year period, etc.

[Abc499]

# If you go back before current visa expire and come back to UK within 6 month then it will not be continuous residency broken ( no matter and restriction when when you apply for new visa).

# If you go back after the expiry of existing visa and apply from Home country within 28 days of the expiry date and the subsequent application is successful (also enter within 6 month of leaving) then continuous residency will not be broken.

for you it should be fine.

Edit: somehow missed the earlier reply !
@green: see details on Vinny post

[green599]

thanks guys for the detailed reply.. I really appreciat this ..

thanks again.

Cheers

[green599]

Hello Guys,

I have another question, I manage to renew my visa from Tier 2 to Tier 4 Student which is valid till Feb 2018.

My 10 years long residency will complete in August 2017.

My question is that do I need anything else for my long residency except previous passports, life in UK and English language ?

I do not have any gaps in my 10 years and I will be continuously in UK for 10 years.

Cheers

[bruteforce]

provided when you left the UK, you had an existing leave (even a day left on it), you should be fine and will only need to prove your legal residency by means of passports. (when you have completed 10 years in the UK ofcourse).

[green599]

Thank you for the reply,

Another question on the base of the rumors I have heard.

I want to take Visa premium service where you get the decision in a single day, I heard that you cannot take Visa premium service or decision in single day if you are applying for PR on the bases of 10 years long residency.

Is it true? I have checked on the UK website and I can not see anything like this, can anyone please confirm?

[bruteforce]

You CAN book an appointment for the same day decision at any PEO, whether you get decision on the same day or not is another thing.

[be123+]

Yes. That's right. If you think that your case is complex, then it's probably better to send by postal application.

How do you define whether your case is complex or otherwise. It really depends on the individual.

[green599]

Thanks for the quick reply guys,

Yes my case is very simple, legally in UK since August 2007 and have no gaps, Graduated from UK university worked in UK ( Tier2) and now back to Study again.

I will be applying in July (28 days before) through premium service. I think you can apply 28 days before the qualifying period?

[CR001]

I will be applying in July (28 days before) through premium service. I think you can apply 28 days before the qualifying period?

Yes, within 28 days before reaching 10 years residence from the date you entered the UK.

[green599]

Guys,

As you are aware that I am on Tier 4 visa and I am going to apply for my ILR on 10 years rout in July 2017, my wife is on student dependent visa at the moment with me in UK. she is in UK since Nov 2016.

Once I get my ILR I have to apply for my wife's dependent visa as well (switch from Tier 4 Dependent).

Do I have to meet the salary requirements (£18600) for my wife's dependent visa even if she is in UK already?

Thanks in advance

Cheers

[CR001]

Do I have to meet the salary requirements (£18600) for my wife's dependent visa even if she is in UK already?

Yes you do. All applicants for a spouse visa must meet the financial requirement regardless of whether they are applying in the UK or from abroad. She also has to pay the £500 immigration health surcharge PLUS the visa application fee.

[green599]

Thanks for the quick reply CR001,

But can she stay on the dependant student visa until that is valid (feb 2018)?

I have to find a job as soon I get my ILD,

and how many months of pay slips will be enough ?

Cheers

[CR001]

Should be ok provided she does not travel outside the UK.

Does she work??

[green599]

She does not work as she is not allowed to work under Tier 4 dependant visa.

Nope, she will be with me in UK for that period.

Just wondering how maney months of pay slips will be needed to apply for her visa?

is it 6 months ? or a single month will do ?

[vinny]

See also Appendix FM-SE.

[green599]

Thank you,

I have been through the documents and what I can figure out is that I have two options.

1 = Pay slips for 6 months minimum £18600 per year.
or
2 = Having £16000 in my account for 6 months.

Can anyone please confirm if I am right?

do I have another option? to meet the get my wifes FM visa in UK ?

[vinny]

2. No. The first £16,000 is only a starting point.

(b) specified savings of-
(i) £16,000; and
(ii) additional savings of an amount equivalent to 2.5 times the amount which is the difference between the gross annual income from the sources listed in paragraph E-LTRP.3.2.(a)-(f) and the total amount required under paragraph E-LTRP.3.1.(a); or

[green599]

Guys,

I need your help again, a small problem in the past is haunting me now when I am close to my 10 years login residency.

I came to UK on 8th of August 2007 and going to apply under 10 years login residency 28 days early on 13th of July 2017.

My first student visa was from August 2007 to 30 Oct 2008.
I applied for my visa extension by post in Oct 2008 (before my visa expires) , money was taken from my account ( I have the bank statement to prove it), got my application back in Janurary 2009 as I forgot to sign the declaration in the end of the application form (my mistake) . That time online application option was not available so it was all in paper.

however I signed the application form and send it back to home office, after 3 months in April they sent me a letter asking for my bank statements. I sent my bank statements and after 4 months in July I got my visa which was valid from July 2009 till Oct 2009.

I applied for further visa in Sept 2009 (before my visa expires) and had no problems what so ever.

In Jun 2016 my Tier 2 was refused due to wrong CoS was issued. On the refusal they had all my history of visa applying and granting dates.

In the history I noticed they said that I applied for visa in January 2009 instead of Oct 2008, actually I applied in time but I didn’t signed the document and signed and sent it back in January 2009.

Now question is that does it count as overstaying?
Was my 10 years long residency broken? Can they refuse my ILR on these bases?
Currently I am at student visa which is going to expire in Feb 2018.

[zimba]

If your application was returned as invalid, then your continuous lawful stay is broken.

[green599]

anyone please?

[green599]

Thank you for the reply

but my visa was not refused, if I was a overstayer then why they gave me the visa ?

gutted now

What should I do ?

[zimba]

If you cannot get Tier 2 extended and you have no 10 years, then the only options is to switch to Tier 1E if you can. There are no other options I am afraid.

[green599]

All

Just an update,

As I mentioned before in my question that my application came as invalid in 2008 when I applied for visa extension because I forgot to sign it. HO retained the fees and asked me to sigh the application fees send it back to them. I did it in less than a week but in there records they had that I applied in January 2009 (the date when I signed it) not in Oct 2008. Only proof I had was the back statement that HO took money from my account.
I got my IT records (SAR) from the HO and it had all the details including my In-time/Invalid application in Oct 2008.
To be on the safe side I arranged a solicitor and they said that its a glitch in HO side so nothing to worry about. they prepared a covering letter stating what happened and also attached the Bank statement with it where the HO transaction was shown.

went for the same day premium service and without any questions I got my ILR on the base of LR 10 years rout.

thanks for this forum and gurus to help me out.

Cheers