Ramsharika wrote: ↑Wed Aug 29, 2018 4:41 pm
Dear Zimba ,
Thank you so much for your prompt reply.
Please see my husband's 10 years journey in UK for your reference.
December 2008- entry to UK as Tier 4 (Main applicant) student
June 2011- Applied for PSW Before Tier 4 expiry-PSW granted
June 2013-FLR o applied before PSW expiry-FLR o granted
August 2013- Tier 2 granted
April 2014- I 've joined him as a tier 2 dependent.
August 2016-Tier 2 general extension applied-employers license revoked- varied Tier 2general
application into Tier 1 entrepreneur (200k)applied before Tier 2 expiry
December 2016- Tier 1 refused
January 2017- Administrative review applied on time - Administrative review came as negative
February 2017- Made a new Tier 1 application on time after administrative review( my employer suspended me from work)
May 2017- Varied Tier 1 Entpr into tier 2 General,while Tier 1 entrpr decision was pending.
August 2017- Tier 2 general Granted (but I think Section 3c ended because I got dismissed from my job,didnt fight because I was unwell with my pregnancy, by god's grace we blessed with a baby on December 2017)
Now we are on Tier 2 general and the tier 2 visa is valid until July 2019.And we are really worried regarding our ILR.
1.What are the complications on our application?
2.5year Tier 2 general PBS route or 10 years continuous stay route is better ?( Because he has already completed his 5years on Tier 2 General,if that make sense and he will be completing his 10 years in December 2018)
3.Does Section 3c which has ended affect our application?
One of our other friend who was working with my husband is on similar situation as well.Our friend's are saying its really difficult to get our ILR.
Please help with your suggestions.
Thank you
Kind regards
Sharika
What date was your tier 1 refused in Dec 2016?
What date did you file AR?
What date was your AR refused?
What date did you apply for tier one in Feb 2017?
If you filed your AR within time limit (10 business days for appeal, not sure for AR) of receiving refusal letter, AND made the new application within 14 days of receiving AR refusal, from my understanding you are fine.
Read paragraph 39E:
Exceptions for overstayers
39E. This paragraph applies where:
(1) the application was made within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time; or
(2) the application was made:
(a) following the refusal of a previous application for leave which was made in-time; and
(b) within 14 days of:
(i) the refusal of the previous application for leave; or
(ii) the expiry of any leave extended by section 3C of the Immigration Act 1971; or
(iii) the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or
(iv) any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.
will update you once we receive our decision in December.We are planning to apply for our ILR in december.