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kumar114 wrote: ↑Tue Dec 18, 2018 12:29 pmHi
My current visa is Tier 2 but now curtailed till 7 Jan.
Brief history
SEP 2009 - Tier 4 (Msc)
2011 - PSW
SEP 2013 till DEC 2013 - My first Tier 2
Got curtailment letter in March 2014 (what is the date of curtailment in the letter?)
Got a sponsor and applied for Tier 2. Refused due to not doing RLMT.
Managed to do RLMT and got my second Tier 2 in July 2014
July 2014 to June 2017 - Tier 2
Tier 2 extended till June 2019 but now curtailed till 7 Jan.
I am not working a the moment but my wife is.
She came as a dependant in August 2017 and we are expecting a baby in 6 months.
So I went to solicitor and was advised to apply for 10 year ILR long residence route, even though I was 9 months short in order to be 10 YEARS in UK. The solicitor claimed we could buy time with that and even if it gets refused, we could reapply and by then i will reach 10 years.
I also went to another solicitor.
And they suggested to apply for FLR(FP) Private Life.
Which one is more feasible?
Applying for FLR(FP)Private Life or ILR? The purpose of both are buying time and hopefully the 3C leave can extend beyond sept 2019 to fulfill 10 years.
Kind regards
Kumar
Hi cyclina1,cyclina1 wrote: ↑Tue Dec 18, 2018 11:34 pmkumar114 wrote: ↑Tue Dec 18, 2018 12:29 pmHi
My current visa is Tier 2 but now curtailed till 7 Jan.
Brief history
SEP 2009 - Tier 4 (Msc)
2011 - PSW
SEP 2013 till DEC 2013 - My first Tier 2
Got curtailment letter in March 2014 (what is the date of curtailment in the letter?)
Got a sponsor and applied for Tier 2. Refused due to not doing RLMT.
Managed to do RLMT and got my second Tier 2 in July 2014
July 2014 to June 2017 - Tier 2
Tier 2 extended till June 2019 but now curtailed till 7 Jan.
I am not working a the moment but my wife is.
She came as a dependant in August 2017 and we are expecting a baby in 6 months.
So I went to solicitor and was advised to apply for 10 year ILR long residence route, even though I was 9 months short in order to be 10 YEARS in UK. The solicitor claimed we could buy time with that and even if it gets refused, we could reapply and by then i will reach 10 years.
I also went to another solicitor.
And they suggested to apply for FLR(FP) Private Life.
Which one is more feasible?
Applying for FLR(FP)Private Life or ILR? The purpose of both are buying time and hopefully the 3C leave can extend beyond sept 2019 to fulfill 10 years.
Kind regards
Kumar
cyclina1 wrote: ↑Wed Dec 19, 2018 11:55 amIn this case you may need to consider if you have broken your lawful residency in.the UK, from 17 March 2014 until the date you granted Tier 2 on July 2014.
1) did you submit your Tier 2 (first one rejected) in time, means on or before 17 March 2014.
2) if (1) is Yes, did you applied your 2nd Tier 2 within 28days of refusal of the first one?
check the condition of 3C leave for (1)
https://assets.publishing.service.gov.u ... rGT-D4pqhg
and check if you broke your lawful residency for (2)
https://assets.publishing.service.gov.u ... 5WSSPhU_Jw
if both 1 and 2 are yes, then you can go ahead for 10 years ILR,
if either of them is NO, then you can save some money because your continuous residency has been broken. 10years route would not be successful.
Sorry for confusion.
@CR001CR001 wrote: ↑Wed Dec 19, 2018 12:59 pmBased on your previous posts from that time, it seems unlikely you applied in May 2014 as you claim.
uk-tier-2-employer-sponsored-visas/rega ... l#p1393423
It really is unreasonable to expect any useful advice when you are unable to provide the exact dates of everything in the sequence of events.
@cyclina1
As you mentioned in the refusal letter the HO said that you have leave to remain until 15 June 2014, so if you submitted the second tier 2 no more than 28 days from 15 June 2014, you didn't break the residence.
Thank you @cyclina1cyclina1 wrote: ↑Thu Dec 20, 2018 12:59 amAs you mentioned in the refusal letter the HO said that you have leave to remain until 15 June 2014, so if you submitted the second tier 2 no more than 28 days from 15 June 2014, you didn't break the residence.
So you can try if above is true, but you must submit application before your current leave to remain expired (7 Jan 2019). if you get rejected (very likely) no matter FLR or ILR, you can only administrative review and then appeal and appeal, hopefully you can buy time until you satisfied 10 years. You CANNOT vary or withdrawn the appeal before 10 years satisfied or you will lose your section 3C leave immediately, and no one can rescue from this. Personally I think FLR should buy more time, because ILR is too obvious NOT eligible, may get reject very quickly.
If I go for ILR now, it will be refused for sure. Will I have any option after it gets refused?
Thank you cyclina1 for the information.cyclina1 wrote: ↑Fri Dec 21, 2018 12:11 amYou can still do the Administrative review usually.
However, if you don't have right to appeal, unlikely you can last for 9 months in one application.
If you have right to appeal, 1st and upper tribunal together should be able to last for 9 months in most of the cases.