leagel opinion please

[c4click]

Hi Dear
I send 1 year before ILR application from Tier 1 General. My application is still pending. for the meanwhile, last month I also completed 10 years.

Q.1: i do not want to change application at this stage from Tier 1 Gen to Long Route 10 years basis. If unfortunately refused by the Home Office, can i make a fresh application on 10 years long route with in 14 days?

Q.2: If so, does it will considered as legal period towards long route or break in continuous period will be considered? waiting for an early response please.

Q.3: What about right to work please if i made another application on long route basis? thank you

[monty87]

Q.1: i do not want to change application at this stage from Tier 1 Gen to Long Route 10 years basis. If unfortunately refused by the Home Office, can i make a fresh application on 10 years long route with in 14 days?

Yes, if you had made in time Tier 1 General ILR Application then you are eligible to make SET(LR) within 14 days of Tier 1 Refusal or AR refusal.

Q.2: If so, does it will considered as legal period towards long route or break in continuous period will be considered? waiting for an early response please.

Your lawful residence will finish upon the receipt of ILR refusal letter or AR refusal letter(if you decide to go for AR) but you have already accrued minimum 10 years.

Q.3: What about right to work please if i made another application on long route basis? thank you

You do not have any right to work for any subsequent applications you decide to apply unless you're given appeal right for Tier 1 ILR which do not normally happen for point based system applications.

[zimba]

Just a note: if your 5 year ILR is refused on deception grounds, then your 10 year ILR WILL be refused on the same grounds.

[c4click]

Hi Monty87
Thank you very much

Q.2: If so, does it will considered as legal period towards long route or break in continuous period will be considered? waiting for an early response please.

Your lawful residence will finish upon the receipt of ILR refusal letter or AR refusal letter(if you decide to go for AR) but you have already accrued minimum 10 years.

As you replied, Lawful period will consider until refusal letter date. Some one stated, lawful period considered from the date of visa expired date instead of refusal date. Can you please clarify the position either end of visa date or refusal date of visa/AR. thanks

[zimba]

If you go for AR after refusal, it is two days after the AR is concluded and refused.

[c4click]

Zimba88

Thank you