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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
Thanks CR001. Do I take it that I should not apply for ILR and face rejection and waste money, as I have my wife and 2 years old daughter who is born in the UK. My daughter currently does not have any passport.
I am in the UK from 2007 (student Visa+PSW+Tier 1). I had two tier 1 extension. I have valid visa till 25th Feb 2018. the reason for not applying through Tier 1 general route is that I had lost my job and was without a job for more than 6 months and so I am not meeting the Income band. so ILR based on long residency is the only option for me, but here I have this 12 months gap which is causing problem. My wife is my dependent and my daughter is born in the UK 2 years ago.
Excessive compassionatory absences are not straight away rejections (most likely though) There could be discretions applied in exceptional circumstances. So its now up to the Case worker. Only senior officers could approve this (with a grant of leaves outside immigration rules)desperate4ilr wrote: ↑Thu Jan 11, 2018 5:46 pmI am in the UK from 2007 (student Visa+PSW+Tier 1). I had two tier 1 extension. I have valid visa till 25th Feb 2018. the reason for not applying through Tier 1 general route is that I had lost my job and was without a job for more than 6 months and so I am not meeting the Income band. so ILR based on long residency is the only option for me, but here I have this 12 months gap which is causing problem. My wife is my dependent and my daughter is born in the UK 2 years ago.
My wife has been in the UK for 3.5 years now.CR001 wrote: ↑Thu Jan 11, 2018 6:01 pmThere have been a few members reporting refusals even with compassionate reasons (parent dying of cancer etc). You will be taking a risk and once your visas expire, you have bigger problems, especially your dependents as they cannot apply for ILR with you as 'dependents' on your application. They would have to (your wife at least) switch to FLR(M) which resets the 5 year clock. How long has your wife been in the UK??
Absences are not issue, lack of meeting earning criteria is as you could have applied for 5 years route. You could have considered contracting if not full time permanent job based on this requirement in minddesperate4ilr wrote: ↑Thu Jan 11, 2018 6:20 pmIt was Tier 1 General visa at that time.
i Was away from oct 2011 to nov 2012.
thats why i m applying through ILR LR based on 10 years.naveediiqbal wrote: ↑Thu Jan 11, 2018 6:24 pmAbsences are not issue, lack of meeting earning criteria is as you could have applied for 5 years route. You could have considered contracting if not full time permanent job based on this requirement in minddesperate4ilr wrote: ↑Thu Jan 11, 2018 6:20 pmIt was Tier 1 General visa at that time.
i Was away from oct 2011 to nov 2012.
do i hold any chance of securing the ILR? also, I was just looking on the net and came across this link.desperate4ilr wrote: ↑Thu Jan 11, 2018 6:20 pmIt was Tier 1 General visa at that time.
i Was away from oct 2011 to nov 2012.
So do you think i can get a positive outcome of my application or it will be waste of money applying for it.. if it is not an option then I will be happy to move back to my country. No issues in that. Just wanted an expert opinion before I take a decision. ThanksCR001 wrote: ↑Thu Jan 11, 2018 8:03 pmThe changes relate to ILR based on PBS routes applications.
indefinite-leave-to-remain/big-changes- ... 46559.html
For long residence ILR, you would have to ask for discretion and HO do not have to exercise discretion. You have a substantial period of absence. If you ILR fails, your whole family will have a problem.
vinny wrote: ↑ MM (Mauritius) v Secretary of State for the Home Department [2015] EWCA Civ 1591 (23 October 2015) (over six months failed)
IA157172014 [2015] UKAITUR IA157172014 (1 July 2015) (over six months absence success)
Hi,desperate4ilr wrote: ↑Thu Jan 11, 2018 6:09 pmMy wife has been in the UK for 3.5 years now.CR001 wrote: ↑Thu Jan 11, 2018 6:01 pmThere have been a few members reporting refusals even with compassionate reasons (parent dying of cancer etc). You will be taking a risk and once your visas expire, you have bigger problems, especially your dependents as they cannot apply for ILR with you as 'dependents' on your application. They would have to (your wife at least) switch to FLR(M) which resets the 5 year clock. How long has your wife been in the UK??
Thanks CR001. much appreciated.