SERIOUSLY NEED HELP

[merci]

Dear All,

We really need help

My husband had his Tier 1 General in July 2008

He was suffering from a serious syndrome before our relocation to London which was treated. Symptoms were not there for a very long time.

We thought it was time to move UK. We moved to Uk we had our first extension.. and then the syndrome
was back.... ıt was coming as seizures ... sometimes İt was coming every other day. It was no longer for
him to maintain an income ... It was very dark times, we learned about an alternative treatment
we decided to take this alternative treatment it was going to be roughly about 1,5-2 year. we left UK for the alternative treatment on Dec 2010

Luckily it was succesfull, his case become an example in thesis . We start to enjoy life again
but we were not ready to move UK back . we were so afraid the history was going to repeat itself
after another 6 months -1 year the symptoms may come back... ıt did not, and during this period my husband carried on working for his old boss at overseas on different trading duties than his main duties back in UK. salary paid in UK in UK account (tax, NI etc)

We were going to relocate back to UK but in the meanwhile my father in law who was a widower and an alzheimer patient, we were looking after him although not as full time carer.. My husband contacted his
brothers who are living like a thousand km away from him. They took over the duty. (which we were eternally grateful)

he was supposed to move to UK on November 2013... simply arranging things did not go that smoothly
we relocated to London in July 2014. His boss offered a new position on his relocation as they were
setting up a new company. so he was not working between November 2013-September 2014

as you can see it was a very long absence

Since then he did not leave the country except for a few weeks (He lost his father... I lost my father...)

we invested in property...

At the time of ILR which is due March 2018 We will be short like 9 months...

Please advise what is the best course of action... I don't want to put a long fight as stress might stir the syndrome.. as it is closely related with stress as far as I understand... Health is the most important think but we don't want bin everything so easily either. We did tried to apply on compassionate grounds when we returned back. Senior case worker did not find it serious enough.
(once we were out to buy shoe... the seizure got him he was lying on floor for two hours, they took him to the depot- I don't understand how much more it could get serious but in the other hand the understandable part we were just back and there were no evidence we had serious financial/emotional ties to deserve an ILR)

warm regards, and thank you for every single reply...
Merci
P.S. Sorry for the drama ... life, everybody has a story

[vinny]

He may have to switch to Tier 2 (General) if he doesn't qualify for ILR under Tier 1 (General).

[merci]

Dear Vinny,

Thank you for the reply

Is switching to Tier 2 would cause the clock to be reset? Are we still going to be able to apply to ILR after 1 year??

[vinny]

Switching to Tier 2 (General) shouldn't cause the ILR clock to be reset under 245HF(b).

[merci]

I am thinking about to wait until Tier 1 general Ilr application period, explaining the things in my letter I already have the right of being out of country 180 days for one go which will leave us With being 6 months short for ILR

I am hoping for some delay...( not realistic as
His latest extension application has been processed under 1,5 month)

And if we still being refused than to switch to Tier 2

Or do you think if we have been refused, we have to leave the country to re-apply..??

I am dreading it... I have mortgage commitments... If they refuse it I can't imagine
the mess

[CR001]

explaining the things in my letter I already have the right of being out of country 180 days for one go which will leave us With being 6 months short for ILR

If understood your post correctly, you cannot use the '180 days absence' for this purpose. The ILR will be refused.

[merci]

Why not, as far as I know there were no restriction/description earlier about how we are allowed/not allowed to use the 180 days absence per year

It is a right for old HSMP, Tier 1 General visa holders

Do I know something wrong? Every year we regularly travelled 2-3 times to UK

[merci]

I went back to understand what you mean, and I think I get it.. what caught my attention is
they can use the discretion not only for long absences but for short comings

Under the light of the new information they can either consider it as
a) long absence
b) short coming (as it is going to belong to the calculations of the first year (am I wrong?)

I read a post from 2012 which explains extensively where the discretion can be used

For the time being ;
- Last 3,5 year he was always in employment and did not left the country more than 70 days overall
- Plus we built strong financial investments
- Even when we were away we travelled several times every single year to UK

As I mentioned he once had a seizure at shoe shop they made us sign a paper, relieving from any responsibility
that was the main event where we felt we had to give up of everything at that time...
It was like 7 year ago. I will go and check with shoe shop if they still keep the records
we have every single treatments record he had overseas and we also have our gp's letter which confirms
the treatments are genuine and the seriousness of the syndrome.. I understand they don't accept medical
reasons for compassionate grunds in many cases... pofff...

please explaing why and how if I got the picture wrong...

[CR001]

explaining the things in my letter I already have the right of being out of country 180 days for one go which will leave us With being 6 months short for ILR

If understood your post correctly, you cannot use the '180 days absence' for this purpose. The ILR will be refused.

The way you have posted this statements infers you want to use the 180 days 'you have a right to' in the future to cover the 6 months you are short of for ILR.

You can use the 180 days for the main Tier 1 G before arriving in the UK but this does not apply to dependents.

What are all his visa start and expiry dates he has had since 2008 and where did he apply for each one?

[iworker]

CR001
Yes i think the OP wants to use the 180 days absence to include in the 5 years of tier 1.
I tried calculating and i think that doesnt work. Its hard with all the visa dates, entry, exits not written in one place. i think the OP still falls short of 7 months, even if they include the 180 days absence.

[CR001]

CR001
Yes i think the OP wants to use the 180 days absence to include in the 5 years of tier 1.
I tried calculating and i think that doesnt work. Its hard with all the visa dates, entry, exits not written in one place. i think the OP still falls short of 7 months, even if they include the 180 days absence.

I am also finding it difficult to work out what is what and the timeline, hence asking for it. After April 5th 2018, Tier 1 G cannot apply for ILR anyway.

[merci]

Dear CR001/iworker,

First of all thank you for all the time you spend on reading/thinking working out the best possible way out

You both are right we will be short as give or take 6-8 month short depending on their reply/refusal or acceptance stamp- I am trying to stay positive

I meant to use it for the first year, but realised discretion can be used for the short coming as well

we have been given HSMP/TİER 1 on 01/07/2008
Entry Clearance 05/08/2008
1st extension (around) 01/07/2010
2nd extension(around) 25/06/2013
3rd extension 17/03/2015
expires 17/03/2018

calculations to be used for ILR dates are as below;
10/05/2014 entry UK - 13/05/2014 left UK
14/06/2014 entry UK - 03/07/2014 left UK
22/07/2014 have not left the country until 18/07/2015 (my sister's wedding he stayed only 3 days
including flights)
21/07/2015 entry UK -07/08/2016 ( my father/his father in law- was ill stayed 2 weeks)
19/08/2016 entry UK -22/08/2016 (lost my father/his father in law- stayed less than a week- lung cancer)
26/08/2016 entry UK -11/10/2016 (lost his father/my father in law- stayed less than a week- alzheimer)
16/10/2016 entry UK - never left the country again)

we will be short like 1 year 3 months .. 180 days in calculation towards the first year takes us back to the first days of Jan'14

so exactly short 9 months ... Their checks may take between 1-3 month leaves us short by 6 to 8 months

As you can see, drama was never short...

His employer has TIER 2 sponsorship registration and it would not be first time for him however,
1) He may not be warm to the idea, looking for another employer with a visa less than 6 months-
not very promising given existing political environment
2) no guarantee of approval of Tıer 2 either ... (definitely will cost less the plus and no worry until ILR)

Warm regards,
Merci

[merci]

Also, Above there is mention of that the dependant can not benefit from 180 days absence

I thought we had exactly the same rights and were subject to same rules except my visa depends on his one and can't be assessed without his visa status. If this is the case I have to open another thread for my own
situation.

We have been married since 2005, I am not sure if that would change anything. My timeline
is different than him only for the period of between 10/05/2014 and 22/07/2014 I did not left the country
(travelled several times during my father cancer treatment for short periods ) Which makes me short between 4-6 month

Warm regards,
Merci

[merci]

Dear CR001/iworker,

First of all thank you for all the time you spend on reading/thinking working out the best possible way out

You both are right we will be short as give or take 6-8 month short depending on their reply/refusal or acceptance stamp- I am trying to stay positive

I meant to use it for the first year, but realised discretion can be used for the short coming as well

we have been given HSMP/TİER 1 on 01/07/2008 Postal/Overseas
Entry Clearance 05/08/2008
1st extension (around) 01/07/2010 Postal
2nd extension(around) 25/06/2013 Croydon PEO
ILR application at Solihull rejected AUG'2013 (absences based-were not aware continuous bit)
ILR application at Croydon rejected JUNE 2014 (compassionate grounds-illness is not serious enough)
3rd extension 17/03/2015 Postal
expires 17/03/2018

calculations to be used for ILR dates are as below;
10/05/2014 entry UK - 13/05/2014 left UK
14/06/2014 entry UK - 03/07/2014 left UK
22/07/2014 have not left the country until 18/07/2015 (my sister's wedding he stayed only 3 days
including flights)
21/07/2015 entry UK -07/08/2016 ( my father/his father in law- was ill stayed 2 weeks)
19/08/2016 entry UK -22/08/2016 (lost my father/his father in law- stayed less than a week- lung cancer)
26/08/2016 entry UK -11/10/2016 (lost his father/my father in law- stayed less than a week- alzheimer)
16/10/2016 entry UK - never left the country again)

we will be short like 1 year 3 months .. 180 days in calculation towards the first year takes us back to the first days of Jan'14

so exactly short 9 months ... Their checks may take between 1-3 month leaves us short by 6 to 8 months

As you can see, drama was never short...

His employer has TIER 2 sponsorship registration and it would not be first time for him however,
1) He may not be warm to the idea, looking for another employer with a visa less than 6 months-
not very promising given existing political environment
2) no guarantee of approval of Tıer 2 either ... (definitely will cost less the plus and no worry until ILR)

Warm regards,
Merci

Some additions ...

[CR001]

2nd extension(around) 25/06/2013

Where was this application made, UK or abroad? As from what I can work out, neither of you were in the UK at this time.

[CR001]

You are correct, the 180 days absence and concessions do not apply to PBS dependents. You would need to apply for an extension as a PBS dependent till you qualify for ILR with 5 years residence. It will only be possible to get a PBS extension if your spouse's ILR is successful.

[CR001]

Also, your spouse is not able to apply for ILR after 5th April 2018 as a Tier 1 General visa holder, the route is closed for ILR after this date.

[brent123]

explaining the things in my letter I already have the right of being out of country 180 days for one go which will leave us With being 6 months short for ILR

If understood your post correctly, you cannot use the '180 days absence' for this purpose. The ILR will be refused.

180 days limit should be 180 days within 12 consecutive months. As long as people do not go over the 180 days limit within 12 consecutive months window, they should not be refused on this ground. But it seems from some post that people still got refused for absence below 180 days. why?

[merci]

We are aware of that Tier 1 General comes to an end, that's why we are seeking an answer

Vinny gave the most short cut response "switching to Tier 2" that's why I was referring to Tıer 2

Thank you to everybody for their input... obviously 'discretion' is something they choose to use or not

Warm regards,

[merci]

I understand PBS dependant are not subject to absences rules

Since my first entry clearance is at 05/08/2008 In case of approval of ILR I will be O.K.

Is my understanding correct

[CR001]

2nd extension(around) 25/06/2013

Where was this application made, UK or abroad? As from what I can work out, neither of you were in the UK at this time.

[merci]

We travelled to UK it was in Croydon

[merci]

Dear All,

Time for some update....

During a conversation my husband find out the company was hiring for another position
(the company is in an investment period and getting bigger)
they were already out for RLTM , they were not biased as I feared

After selection stages they were happy to offer the job
They prepared the COS, he applied unfortunately rejected due the working hours and salary were mismatching
(it was a genuine mistake, the company issued a new cos immediately and just in case increased the salary
by GBP500.00)

Applied at Croydon second time with premium service, they gave us a letter telling the application is valid
but they need to do extra checkings. They retained all documents including national ID and marriage certificate (March/2018)

Now we keep working under Tier 1 General, which will be closed on 6th of April

Questions
1- If they don't reply until December.... can we apply for ILR (cont. 5 year period )
2- a)If they reject for some reason can the company issue another cos?
b) If they reject, can we still send our ILR in after 06th of April under Tier 1G as our application were
in and we are short 8 months from ILR

It is overall literally 10 years on and off it would be really sad to see if something goes wrong any further

I can't think of anything else, if you do please let me know what are the options..
Rgds,
Merci

[CR001]

b) If they reject, can we still send our ILR in after 06th of April under Tier 1G as our application were
in and we are short 8 months from ILR

No. A Tier 1 G main visa is not able to apply for ILR from 6th April at all based on 5 years Tier 1 G.

[merci]

A summary of above
From Tier 1 General to Tier 2 General application was on hold, due to sponsporship's licence was due to renewal

Results
Home Office did their compliance check visits,
first suspended the licence , then after the presentation of evidences of how the company does
their housekeeping, they revoked the licence on the grounds that they are not satisfied with existing check and controls of the company.

They, the company, received their revoke advise letter last week, however we have not received our refusal letter for Tier 2 application yet.

Questions
So should we apply for the new category online with referring to the existing reference number without waiting the refusal letter since we know the Tier 2 sponsporship licence has been revoked
1- Would that overrides earlier application as never happened and makes us automatically overstayer?

or should we wait for refusal letter, and than apply under the new category
2- does waiting for refusal letter makes us overstayer?

Thanks,