4.5 MONTHS SHORT TO 10 YEAR

[Chetan 1984]

Dear Experts,
Please advice me, I entered in UK on 06.09.2008 so qualify for ILR on 09.08.2018 according to 28 days prior rule. I have no refusal as on date.

I am currently on a Tier 2 Visa with a company and my company has lost it's licence. My visa is valid until 19.03.2018 and I have not received any curtailment from HO.

After 19.03.2018 I will be needing 4 months and 20 days to Qualify for ILR. I spoke to 3 different solicitors and all said we can put FLRO application and then vary in August -18. They are very confident that they all can stretch it for 4.5 months and HO will not give any decision.

Is there any way to buy this 4.5 months, one solicitor showed me the visa application of a candidate who needed 6 months to qualify for his ILR, and solicitor send his ILR application by post with 6 months remaining and he showed me the letter that HO approved his application and granted him ILR after 6 months.

Please advice me if my FLRO gets rejected before my qualifying period does my clock stops there and my 9.5 years get wasted or after refusal I get 28 days to make another application to stay back in UK and I can use this period to complete my 10 years continuous stay and apply ILR, will these 28 days after rejection still be counted in my 10 years if I qualify for my ILR within those 28 days.

Please advise me what shall I do, I have been here more than 9 years, bought house, did studies, got married and now going through all this.

Please Experts advice me kindly.

Many Thanks

[JAYSON65]

Depending on your discretion attachment before submission, this is possible.

I was in a similar situation in 2014 and was granted ILR then close to 5 months to clocking 10 years after submitting my discretion documents. Now a BC and settled.
You need luck too in presenting your application.

Wishing you good luck!

[CMOSUK]

Dear Experts,
Please advice me, I entered in UK on 06.09.2008 so qualify for ILR on 09.08.2018 according to 28 days prior rule. I have no refusal as on date.

I am currently on a Tier 2 Visa with a company and my company has lost it's licence. My visa is valid until 19.03.2018 and I have not received any curtailment from HO.

After 19.03.2018 I will be needing 4 months and 20 days to Qualify for ILR. I spoke to 3 different solicitors and all said we can put FLRO application and then vary in August -18. They are very confident that they all can stretch it for 4.5 months and HO will not give any decision.

Is there any way to buy this 4.5 months, one solicitor showed me the visa application of a candidate who needed 6 months to qualify for his ILR, and solicitor send his ILR application by post with 6 months remaining and he showed me the letter that HO approved his application and granted him ILR after 6 months.

Please advice me if my FLRO gets rejected before my qualifying period does my clock stops there and my 9.5 years get wasted or after refusal I get 28 days to make another application to stay back in UK and I can use this period to complete my 10 years continuous stay and apply ILR, will these 28 days after rejection still be counted in my 10 years if I qualify for my ILR within those 28 days.

Please advise me what shall I do, I have been here more than 9 years, bought house, did studies, got married and now going through all this.

Please Experts advice me kindly.

Many Thanks

Hello,

My understanding is, if you still require 4.5 months to qualify for 10 years ILR(minus 28 days) then you will have to apply for an application of valid leave, please note, if you make an in time application, any waiting whilst a decision is being made on that application will count towards your legal stay and would not make you an overstayer even if your current Leave expires as you would be covered under section 3C.

Once you have reached your qualifying time of 10 years you may then submit another application for ILR based on 10 years, once it has been accepted you may then need to withdraw any application currently pending for decision if it was submitted before an application for ILR.

If for whatever reason you pending application (submitted in time) is refused, you will have 14 days, not 28 days, to resubmit an application, if submitted within 14 days of being refused for a previous application of leave, that period from refusal to within 14 days will be disregarded. If submitted after the 14 days you will be become an overstayer and would then need to regularise your stay/leave, but this will reset your qualifying clock to zero and would need to start again afresh.

This is my understanding hope it helps and if wrong please correct me.

[starfashion]

Hi

I am in same situation. I came here in September 2008. And my Tier 1 Entrepreneur will expire in March 2018. I am Going to apply Entrepreneur Extension. Running Genuine Busines and Hoping that 6 Months will pass in extension Application.
Hopefully Everything will be ok,

[Momi]

Dear Experts,
Please advice me, I entered in UK on 06.09.2008 so qualify for ILR on 09.08.2018 according to 28 days prior rule. I have no refusal as on date.

I am currently on a Tier 2 Visa with a company and my company has lost it's licence. My visa is valid until 19.03.2018 and I have not received any curtailment from HO.

After 19.03.2018 I will be needing 4 months and 20 days to Qualify for ILR. I spoke to 3 different solicitors and all said we can put FLRO application and then vary in August -18. They are very confident that they all can stretch it for 4.5 months and HO will not give any decision.

Is there any way to buy this 4.5 months, one solicitor showed me the visa application of a candidate who needed 6 months to qualify for his ILR, and solicitor send his ILR application by post with 6 months remaining and he showed me the letter that HO approved his application and granted him ILR after 6 months.

Please advice me if my FLRO gets rejected before my qualifying period does my clock stops there and my 9.5 years get wasted or after refusal I get 28 days to make another application to stay back in UK and I can use this period to complete my 10 years continuous stay and apply ILR, will these 28 days after rejection still be counted in my 10 years if I qualify for my ILR within those 28 days.

Please advise me what shall I do, I have been here more than 9 years, bought house, did studies, got married and now going through all this.

Please Experts advice me kindly.

Many Thanks

If your family is living in uk then it will be very easy to complete 5 months.
Your solicitor is right.
I will be completing my 10 years in mid October. Still waiting for entrepreneur extension to get approved.
Fingers crossed.

[Chetan 1984]

Thanks Everyone for your replies.

My wife is also in a same situation like me and we both entered the UK in Sept 2008.

We both eligible for individual ILR in August 2018

My wife at the moment is my Tier 2 Dependent and her company has applied for a Tier 2 licence and is expecting to get a licence by May-18.

Solicitor said that until 19-March-18 we both have Visa and we have not received any curtailments, just before 19.03.2018 he will apply 2 separate FLRO applications one for my self and other one for my wife to buy us time until 10.08.2018.

I do not know how will it be possible but solicitor says it can be possible in our case and after 10.08.18 he will be varying our applications in home office and put set (LR) applications.

My question is at the moment my wife is my dependent but before 19.03.2018 solicitor will make a separate FLRO application for her. If in May-18 her company gets licence and is ready to sponsor her straight away can she vary her application and do that in May-18 as if her company can get a COS for her home office cannot reject her application and all this period will buy her time until Aug-18.

We are very panicked and very nervous, we have bought property here, spend 9.5 years almost and now don't know what to do. No one wants to sponsor me as they say I am too close to my ILR and might leave their company once I get it.

I am just loosing hopes ....... PLEASE HELP ME EXPERTS AND ADVICE ME ...

MILLION THANKS TO ALL OF YOU .

[atan1990]

Hi Chetan
I am currently in the same situation as you. I am short of 1.5 months and not sure what to do as I don't have a partner in the UK and I can't afford to be a student again. Please can you advise if you have got your ILR now and which option did you go for?
Any advice would be much appreciated
Thanks