5 years IRL with gaps.

plugincars · Post by **plugincars** » Wed Jan 13, 2021 11:53 am

I am planning to apply for SET(O) visa but I have some doubts about calculating 5 years of stay.

I entered UK on 16/01/2016 with tier 2 general visa valid till 14/12/2017.
My sponsor revoked their license and curtailed on 01/08/2016 giving me a new end date of 30/09/2016.
I was able to find another sponsor and applied on 28/09/2016, but on 18/01/2017 they withdraw there offer.
Home office give me only two weeks to leave UK of find another sponsor. So on 24/01/2017 I applied for FLR(HRO) combined with judicial review.
Before getting a decision I found a sponsor and got a new tier 2 general visa from 23/05/2017 to 18/06/2020 which I extended later to 03/07/2021.
So basically I varied my application twice from T2G to FLR/HRO then to T2G. All application done within allowed dates.

My question is: What is my status during the period from 30/09/2016 to 23/05/2017?
If I apply now for ILR can this be considered as five continues years?
If not, what do you suggest me to do to improve my chances to get ILR?

Thanks

Post by **zimba** » Sat Jan 16, 2021 1:30 am

Is it not quite clear if HO refused any of the application or not. If not your status remained as Tier and your 5 years is intact

plugincars · Post by **plugincars** » Sat Jan 16, 2021 8:29 am

Zimba wrote: ↑
Sat Jan 16, 2021 1:30 am
Is it not quite clear if HO refused any of the application or not. If not your status remained as Tier and your 5 years is intact

Thanks Zimba for your reply. I don't think HO refused any of my application. I only got an email from the caseworker that my second sponsor withdraw the cos so I varied to FLR. Then when I found another sponsor I varied to T2G.

Post by **zimba** » Mon Jan 18, 2021 10:25 am

Request an SAR but it seems you should be ok

Happydays11 · Post by **Happydays11** » Mon Jan 18, 2021 11:37 am

Zimba, simple question if he manage to get tier (in country) he should be fine. (as tier doesn't allow in country out of time application) am i right?

Post by **zimba** » Mon Jan 18, 2021 2:10 pm

Happydays11 wrote: ↑
Mon Jan 18, 2021 11:37 am
Zimba, simple question if he manage to get tier (in country) he should be fine. (as tier doesn't allow in country out of time application) am i right?

No. Out of time application is when you apply for an application when you do not have a visa (e.g as an overstayer)
If you apply within 14 days of becoming an overstayer your application will be ok but that application is out of time and you remain an overstayer until a decision

Happydays11 · Post by **Happydays11** » Mon Jan 18, 2021 2:16 pm

Zimba wrote: ↑
Mon Jan 18, 2021 2:10 pm

Happydays11 wrote: ↑
Mon Jan 18, 2021 11:37 am
Zimba, simple question if he manage to get tier (in country) he should be fine. (as tier doesn't allow in country out of time application) am i right?
No. Out of time application is when you apply for an application when you do not have a visa (e.g as an overstayer)
If you apply within 14 days of becoming an overstayer your application will be ok but that application is out of time and you remain an overstayer until a decision

if application made after 14 days , and tier application granted.. its means 5 years tier still intact they might give exception under 39E rule?

Post by **zimba** » Mon Jan 18, 2021 2:23 pm

Yes. The overstaying will be disregarded

plugincars · Post by **plugincars** » Thu Jan 21, 2021 2:05 pm

Zimba wrote: ↑
Mon Jan 18, 2021 10:25 am
Request an SAR but it seems you should be ok

I just received the SAR by email now but I don't understand it. Where should I look?
Here is part of the summary page:

Applic/Raised Date	Flavour(s)	Case Type	Outcome	Association	Type
26-Apr-2016	G	Curtailment Consideration - Tier 2	Curtail - Leave Remaining	Main Applicant	SOLE
29-Sep-2016	G	T2 SW - General Migrant - LTR	Void - Inappropriate Application	Main Applicant	SOLE
24-Jan-2017	G	Outside the Rules Comp. Grounds - LTR(E)	Void - Inappropriate Application	Main Applicant	SOLE
15-May-2017	G	T2 SW - General Migrant - LTR	GRANT L.T.R.	Main Applicant	SOLE
21-May-2020	G	ATLAS - T2 SW - General Migrant - LTR	GRANT L.T.R.	Main Applicant	SOLE

Thanks again

plugincars · Post by **plugincars** » Thu Jan 21, 2021 2:59 pm

I also found this note from the caseworker :

Decision Summary Main & Dependants:
Applicant entered in Tier 2 and sponsor licence was revoked applicant applied for further Tier 2 but the
employer withdrew the sponsorship, app then varied to Outside of the rules this was clearly to give himself
time to find work.
New sponsor checked and no concerns
English and maintenance deemed s pp was last gran ed Tier 2 and has not been granted anything since.
spoke the case through with SCW xxxxxxxx and she agrees no reasons not to grant.
No Concerns
Decision Outcome:
¿ Main - Grant LTR under Para 245HD until 18/06/2020 code 4
a) 5 years from start date of employment would be = 05/06/2022
b) End date of employment plus 14 days would be = 18/06/2020
c) The applicant is subject to the 6 year limit and will have completed 6 years on 16/01/2022.

Post by **CR001** » Thu Jan 21, 2021 3:01 pm

Please do not post names of ukvi staff on the forum!.

plugincars · Post by **plugincars** » Thu Jan 21, 2021 3:03 pm

CR001 wrote: ↑
Thu Jan 21, 2021 3:01 pm
Please do not post names of ukvi staff on the forum!.

Sorry, I thought it was already removed.

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