Submitting ILR(LR) Application During curtailment period?

[tier2man]

Hi everyone, I have let myself in a bit of a tricky situation and desperately looking for some answers to help me prepare for what's coming.

I am planning to apply for my 10 year ILR in October this year. I am currently on a tier 4 student visa doing a masters degree, which expires on January, 2018. Everything was fine and I was preparing myself to submit my ILR application in October. But, the university have found some sort of evidence of plagiarism in one of my coursework - and now carrying out further investigation. I was told that this could lead to exclusion from the university.

So now, if I am excluded from the university in June, my student visa will consequently be curtailed for 60 days. My ten year period will complete on 1st week of October - which may or may not fall during curtailment period depending on when the university reaches a decision. So I have thought of few different routes and possibilities - please anyone help me with your advice on these -

1. So, the first thing that could happen is, if the university reaches a decision to actually exclude me (i hope not), and I appeal and the final exclusion happens after 1 st week of August, then, I will reach 10 year completion during my curtailment period. My question first is, am I allowed to apply for ILR while I am on curtailment period?

2. Second thing that could happen, is that even the curtailment period runs out before my 10 year period was complete. In this case,

a) Could I submit my application 28 days prior to the 10 year completion and while I am on curtailment? Can I apply for premium service 28 days prior to 10 year date?

b) Could I overstay for (less than) 28 days after curtailment period ends and still be able to submit the ILR application? I see from other posts the 28 days overstay is disregarded by HO, but is it still the case if the overstay is after curtailment period?

3. If the curtailment period ends way before the 10 year completion date, then, if I apply for a different category of visa, such as, the entrepreneur visa, and after the due course, I get rejected (say, due to lack of funds), then this time spent on the application will bring me closer to the 10 year date, will I then be able to apply for ILR straightaway? (I know this might be a sketchy route, but I am in a desperate situation, where I could lose it all after being here for 9 years and 10 months)


Judging from my situation, any advice anyone can give on how I can extend my stay until the first week of October would be really appreciated.

[zimba]

1. So, the first thing that could happen is, if the university reaches a decision to actually exclude me (i hope not), and I appeal and the final exclusion happens after 1 st week of August, then, I will reach 10 year completion during my curtailment period. My question first is, am I allowed to apply for ILR while I am on curtailment period?

Yes, 10 year lawful stay.

a) Could I submit my application 28 days prior to the 10 year completion and while I am on curtailment? Can I apply for premium service 28 days prior to 10 year date?

Yes, you can apply 28 days from being eligible in a PSC for long residence ILR.

b) Could I overstay for (less than) 28 days after curtailment period ends and still be able to submit the ILR application? I see from other posts the 28 days overstay is disregarded by HO, but is it still the case if the overstay is after curtailment period?

Yes. Overstaying periods of up to 28 days or less will be disregarded.

3. If the curtailment period ends way before the 10 year completion date, then, if I apply for a different category of visa, such as, the entrepreneur visa, and after the due course, I get rejected (say, due to lack of funds), then this time spent on the application will bring me closer to the 10 year date, will I then be able to apply for ILR straightaway? (I know this might be a sketchy route, but I am in a desperate situation, where I could lose it all after being here for 9 years and 10 months)

Yes, if you apply before your visa expiry you will be covered by section 3C which counts towards the 10 year lawful stay.

The other issue is that ILR has a good character requirement. I am not sure if accusations of plagiarism would be viewed or considered as a sign of bad character under ILR. Just a thought though.

[tier2man]

Thanks a lot for the reply. So, technically speaking, my 10 ILR completion date is 6th October - this means I can apply for ILR using premium service on 8th of September. If my visa is curtailed and the curtailment period ends on 10th of August, I can still overstay until 8th September, submit my application and possibly get ILR?

I obviously don't want things to be this tight but just want to find out if all of the situations overap with each other, it will still be acceptable or not.

Yes, I did think about this plagiarism thing being an issue for good character - now if it does happen this way, there is not much I can do but to just hope for the best.

[zimba]

I suggest not to risk being an overstayer and to apply for Tier 1E or FLR before your visa expiry (might seem vexatious ) Then vary that application to ILR. It is much better to protect your section 3C and lawful stay.