Indefinite leave to remain rejected + Tier 2 visa Expired!

[prabhjot]

Ok thank you very much! I will keep you updated on how this goes

[prabhjot]

sorry to bother you all with so many questions, but can I send the tier 2 application, and then make an appeal? Also if i do appeal, can i then apply for a tier 2 visa following the result of the appeal. Like say if the appeal result comes as rejected, will i be given 14 days again to leave the country during which i can then apply for a tier 2 visa?

[aman90]

sorry to bother you all with so many questions, but can I send the tier 2 application, and then make an appeal? Also if i do appeal, can i then apply for a tier 2 visa following the result of the appeal. Like say if the appeal result comes as rejected, will i be given 14 days again to leave the country during which i can then apply for a tier 2 visa?

No..you can either appeal now and get ur new application together in the mean time.. withdraw the appeal and put in the new application.
I think you can put in a new application once the appeal is rejected as well..

[prabhjot]

ok that makes sense. Although it sounds too risky to appeal, have it rejected, and then be in a similar situation as I am now, so might not go down that path

[prabhjot]

I keep fearing the sceanrio where my appeal gets rejected and then i get deported immediately

[marcnath]

You won't be deported immediately if you have an application under consideration.

Filing an AR gives you Section 3C protection. i.e. your Tier 2 continues to be valid until that is decided.

Your refusal letter only asks you to provide a reason why you should not be deported. A new application that is under consideration is a reason why you should not be deported - so don't get yourself worked up over that.

You should also argue in the AR that you have met the continuous period on the date of decision and discretion should have been applied. It may not be accepted, but worth trying.

If you are now confident you meet the absence requirements, you can apply for your ILR again. You can do that any time between now and within 14 days of your AR being refused.

You can also apply for a new Tier 2 in that same time period. But you need to make a decision which one you apply for (you can apply for only one).

However, if the only you apply for gets refused, you will not have another chance.

Also remember that, in any case, you will become an overstayer when the new application is submitted. So you will not be able to work until a decision is made.

Since you have a couple of choice, it may make sense to consult an immigration lawyer.

[prabhjot]

thank you!! really, this clears a lot up and helped de-stress me a lot. Thanks everyone!

[gbptier1general]

the whole scenario is so sad because by now i have completed my 10 year period with less than 540 day stay, and I am a hardworking, tax paying citizen, a government employee serving the public as an NHS doctor.

And now i only have a few days to somehow get a tier 2 visa. Otherwise they will kick me out

As all mentioned First submit AR with atleast little explanations,&u will hav more time to sort out \tier-2 Application.
NOTE:-Once if thr is refusal for AR, within 14Days of Refusal Letter Date u should submit ur Tier2,so just set ur targets &realign ur schedules.
GoodLuck!!!

[aman90]

According to marcnath if you can reapply for ILR via long residency NOW then its a better option than Tier 2. Go through the guidance meticulously and ensure you have covered everything especially the absences. Apply via super priority for a quick decision. At least you won't be stressed.

[gbptier1general]

According to marcnath if you can reapply for ILR via long residency NOW then its a better option than Tier 2. Go through the guidance meticulously and ensure you have covered everything especially the absences. Apply via super priority for a quick decision. At least you won't be stressed.

Hi Prabhjot,
As Marcnath said u analyse with ur solicitor see how strong&confident u can apply ILR-2nd time compared to Tier-2.It is more likely tht u would get ILR now easy.
Also, u may apply ILR after getting Tier-2.But in this case ur giving them all extra & ur bearing more costs&time /Effort
Provide Good covering Letter to HO.
Wish u Good Luck!

[prabhjot]

ok thank you all.

I have received the certificate of sponsorship and am now trying to complete the tier 2 application procedure online but it is quite complicated as I do not have my passport, brp with me.

Plus im not sure what to answer for questions that ask me what permission I have to be in the country, if ive ever been refused entry or asked to leave etc

[prabhjot]

Also guys please help.. when filling out the appeal form which of these apply to me ? Im not sure which appeal form i should fill out between these two.


Your human rights or protection claim has been refused while you’re in the UK Online or by post or fax with form IAFT-5

OR

A decision made under the European Economic Area (EEA) Regulations, for example the Home Office has refused to issue you a residence document Online or by post or fax with form IAFT-5

Also can i submit the appeal individually or will I need to hire a lawyer etc? Please help

[aman90]

ok thank you all.

I have received the certificate of sponsorship and am now trying to complete the tier 2 application procedure online but it is quite complicated as I do not have my passport, brp with me.

Do you not have copies? don't you just need to mention the numbers?

Plus im not sure what to answer for questions that ask me what permission I have to be in the country, if ive ever been refused entry or asked to leave etc.

NO and YES HO should figure this one out for themselves. Write a cover letter that ur applying within 14 days.

[aman90]

Did you calculate ur absences for Long Residence?

[marcnath]

And now i only have a few days to somehow get a tier 2 visa. Otherwise they will kick me out

This is not correct.

Submit your AR within the 14 day deadline. It will definitely take a few weeks before a decision is made. And if you are lucky, they may even accept your argument that discretion should be applied in your case.

The guidelines for long residence states that :

Things to consider when assessing if the absence was compelling or compassionate are:

• for overall absences of 540 days in the 10 year period:
o you must consider whether the long absence (or absences) that pushed the applicant over the limit happened towards the start or end of the 10 year residence period, and how soon they will be able to meet that requirement
o if the absences were towards the start of that period, the person may be able to meet the requirements in the near future, and so could be expected to apply when they meet the requirements
o however, if the absences were recent, the person will not qualify for a long time, and so you must consider whether there are particularly compelling circumstances

I believe you should have been given discretion under this guidance.

Anyway, while your AR is being decided, you can prepare a new application (ILR or Tier 2). No one is kicking you out immediately.

[prabhjot]

Guys I'm running into difficulties when filling out the tier 2 application form. Can you please tell me what I should answer for these questions?

Question 1

Was their a reason beyond your control why you did not apply before your visa or leave to remain expired?
Yes/No

If Yes (Which in my case is Yes)--> Give details about the reason.
So shall i go on to explain about my ILR application which I submitted close to whn my visa was expiring, and whilst waiting for the decision my visa got expired. And then also explain why the ILR got rejected etc?

And then it asks for "Evidence proving your exceptional situation such as a doctor's note or death notice for a close family member" --> so here shall i attach like my ilr application form?

Question 2

Have you ever been:
refused a visa for the UK, deported from the UK, removed from the UK, required to leave the UK, refused entry at the UK border.

Should i say I have been refused a visa because of the ILR rejection?

Please guide me. Also, where and how exactly do i inform them my passport is with home office. Should I make a cover letter highlighting all the scenarios that happened? Or is there a specific section where I am supposed to cover all these details.

And finally, once I have submitted the tier 2 application, how will the Home Office be informed about this? Am i supposed to inform them somehow so they know that the 14 day thing is no longer applicable?

[prabhjot]

ok thank you all.

I have received the certificate of sponsorship and am now trying to complete the tier 2 application procedure online but it is quite complicated as I do not have my passport, brp with me.

Do you not have copies? don't you just need to mention the numbers?

Plus im not sure what to answer for questions that ask me what permission I have to be in the country, if ive ever been refused entry or asked to leave etc.

NO and YES HO should figure this one out for themselves. Write a cover letter that ur applying within 14 days.

Where and how do i send the cover letter? Is it in the folder of the supporting documents later on? Because on the online application there is no place to do so.

[prabhjot]

Did you calculate ur absences for Long Residence?

No i am going to refrain from appealing so no point calculating the no. of days. this whole issue has sucked the soul out of me and i cant be bothered fighting this out. I have gotten my certificate of sponsorship so am going to try and just apply for the tier 2 visa at the earliest within the next few days

[prabhjot]

And now i only have a few days to somehow get a tier 2 visa. Otherwise they will kick me out

This is not correct.

Submit your AR within the 14 day deadline. It will definitely take a few weeks before a decision is made. And if you are lucky, they may even accept your argument that discretion should be applied in your case.

The guidelines for long residence states that :

Things to consider when assessing if the absence was compelling or compassionate are:

• for overall absences of 540 days in the 10 year period:
o you must consider whether the long absence (or absences) that pushed the applicant over the limit happened towards the start or end of the 10 year residence period, and how soon they will be able to meet that requirement
o if the absences were towards the start of that period, the person may be able to meet the requirements in the near future, and so could be expected to apply when they meet the requirements
o however, if the absences were recent, the person will not qualify for a long time, and so you must consider whether there are particularly compelling circumstances

I believe you should have been given discretion under this guidance.

Anyway, while your AR is being decided, you can prepare a new application (ILR or Tier 2). No one is kicking you out immediately.

No i am going to refrain from appealing so no point calculating the no. of days. this whole issue has sucked the soul out of me and i cant be bothered fighting this out. I have gotten my certificate of sponsorship so am going to try and just apply for the tier 2 visa at the earliest within the next few days

[prabhjot]

SO i just spoke to an immigration adviser and apparently theyve introduced these visa service centres where they do the biometrics after a visa application has been made. According to the advisor they dont let you enter the center without a passport, so now that means I cant get my fingerprints done, or submit my supporting documents without having my passport???? All of which is mandatory to validate my visa application.

SO DOES THIS MEAN I AM IN DEEP SHIT AND BASICALLY CANT SUBMIT A VISA APPLication????? because they will not return my passport. I have already tried and because there is no valid visa on it, it will only be returned before i leave the country.

PLEASE HELP!!

[aman90]

SO i just spoke to an immigration adviser and apparently theyve introduced these visa service centres where they do the biometrics after a visa application has been made. According to the advisor they dont let you enter the center without a passport, so now that means I cant get my fingerprints done, or submit my supporting documents without having my passport???? All of which is mandatory to validate my visa application.

SO DOES THIS MEAN I AM IN DEEP SHIT AND BASICALLY CANT SUBMIT A VISA APPLication????? because they will not return my passport. I have already tried and because there is no valid visa on it, it will only be returned before i leave the country.

PLEASE HELP!!

Drivers license..any other form of ID? You aren't the first or the last person whose passport is with HO and is applying again..
Perhaps call up HO or Sopra..
Did your advisor not advise the way around it..

[prabhjot]

No, she said its a very new system. To turn up with my refusal letter and a passport copy and hope for the best. Charged me 150 pounds for additional stress and no real solution

[prabhjot]

Then i spoke to some more immigration solicter who was urging me to apply for an appeal and only then apply for a tier 2 visa, because as per him if i apply for a tier 2 visa without submitting an appeal it will get rejected. I dont know if this is a ploy by him to get me to pay 2500 pounds for doing the appeal process through his company??

[aman90]

Then i spoke to some more immigration solicter who was urging me to apply for an appeal and only then apply for a tier 2 visa, because as per him if i apply for a tier 2 visa without submitting an appeal it will get rejected. I dont know if this is a ploy by him to get me to pay 2500 pounds for doing the appeal process through his company??

LOL...

[aman90]

So what was the lawyers logic behind appealing first and then applying for tier2?
Did you ask?
Personally I wouldn't bother with an appeal now..if ur paperwork for tier 2 is ready.
In fact I wouldn't bother with tier2 if ur ILR absences are covered.
Your just prolonging the whole process needlessly and spending atrocious amount of money in the mean time...nothing wrong if you can afford it as it runs the economy.
Money aside your time is money and its coupled with the stress of uncertainty.
Keep it simple.