- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
If you write too many queries in one topic, i think that you won't get more response.Hia_123 wrote:Hi,
I have applied for ILR & the relevant information is given below. I need some guidance on some of the quesries I have listed
Thanks in advance
Background:
I have applied for ILR (posted on 27th Feb10, delivered 1st Mar10, acknowledgement letter dated 3rd March10, money taken on 8th Mar10). By the time I have applied for ILR, i had completed 6 yrs in WP & around 3 months on Tier 2. I have applied along with three dependents. I haven't heard anything from the UKBA / Home Office after the acknowledgement letter. My existing leave to remain expires mid of June10. I have following queries.
1. If I get a response from UKBA after my existing leave expires & its negative (although I don't see any reason for a negative response, but for worst case scenario planning), will they give me some time to apply for Tier 2 extension or will they give me some time to leave the country. If yes, its usually how long.
2. If I decide to withdraw my application, how much time it usually takes to get back all the docs (including passports).
3. My Leave to remain (visa) end date & CoS end date is different. They have given 14 days extra time on LTR vis a vis CoS. For an extension application, should it be applied before CoS expiry date or visa /LTR expiry date.
4. If I withdraw my application & apply for extension in Tier 2 (my existing leave to remain status) & get the same, Can I apply for ILR again as the law has changed for Tier2 leading to ILR? OR I will be treated under the old system as I have completed five yrs on WP in late Dec09.
I'm under severe confusion as to what to do now (whether to withdraw the application or continue for some more time,if so how long??)
Regards,
I believe this is only applicable for Tier 2 (ICT).Hia_123 wrote:The new change that has come into place from 6th Apr10, states that Tier 2 visa will not lead to ILR.
Thanks.senthil78 wrote:You can stay legally until you have valid leave to remain or the time given in your certificate of sponsorship plus 14 days, whichever is shorter. The change in Tier 2 won't affect you as you already completed 5 years on WP. Refer http://www.ukba.homeoffice.gov.uk/worki ... 2/general/
Many thanks.sushdmehta wrote:Appeal = I believe you are asked to file an appeal within 10 days of receiving a refusal.
Not filing appeal = Pack your bags and leave ASAP, definitely within 28 days.
Appeal refused = Pack your bags and leave ASAP, definitely within 28 days.
Please note that you will be given right to appeal only if a decision on your ILR application is reached after your current leave has expired. Also, if you appeal (if given the right to do so) then your leave continues until the final decision on the appeal is reached.
This said, why do you suspect your ILR application will be refused? Unlike Tier 1 / Tier 2 applications, this doesn't require loads of documentary evidences, so what's bothering you (if you wish to share, that is)?
regards
Postal application will take time and it depends on the no of application received by HO. You could have gone for same day service. But I don't see any issue in your application and nothing to worry and be positive.Hia_123 wrote:Many thanks.sushdmehta wrote:Appeal = I believe you are asked to file an appeal within 10 days of receiving a refusal.
Not filing appeal = Pack your bags and leave ASAP, definitely within 28 days.
Appeal refused = Pack your bags and leave ASAP, definitely within 28 days.
Please note that you will be given right to appeal only if a decision on your ILR application is reached after your current leave has expired. Also, if you appeal (if given the right to do so) then your leave continues until the final decision on the appeal is reached.
This said, why do you suspect your ILR application will be refused? Unlike Tier 1 / Tier 2 applications, this doesn't require loads of documentary evidences, so what's bothering you (if you wish to share, that is)?
regards
To be fair, since I have spent more than 6 yrs on WP & around 3 months on Tier 2 at the time of my application, and also fulfilling all the requirments, I am under the impression that my case is straight forward & should not take more that two months at max to process. However its now 12 wks in running. I can't think of any reason for this delay & hence the confusion / anxiety. I really don't know why they need to take so much of time. The delay part for such a straight forward case & the mid june deadline of my current LTR is making me nervous.
Thanks Senthil. In fact I have tried for three weeks to get an appointment, but didn't suucceed. Hence went with Postal application. After going through the various posts in the forum, I have realised that I haven't sent the birth certficate & marriage certificate along with the applications. However these were not mentioned in the application form in section 9 of the relevant docs required. My family is with me as dependant all throughout these 6 yrs & more. The passports bear the date of birth & my name appears in my wife's passport (in place of spouse name). In some of the posts in the forum it says, these docs are not required. I don't want to send these docs now without being requested by UKBA & confuse them. What is your opinion??senthil78 wrote:Postal application will take time and it depends on the no of application received by HO. You could have gone for same day service. But I don't see any issue in your application and nothing to worry and be positive.Hia_123 wrote:Many thanks.sushdmehta wrote:Appeal = I believe you are asked to file an appeal within 10 days of receiving a refusal.
Not filing appeal = Pack your bags and leave ASAP, definitely within 28 days.
Appeal refused = Pack your bags and leave ASAP, definitely within 28 days.
Please note that you will be given right to appeal only if a decision on your ILR application is reached after your current leave has expired. Also, if you appeal (if given the right to do so) then your leave continues until the final decision on the appeal is reached.
This said, why do you suspect your ILR application will be refused? Unlike Tier 1 / Tier 2 applications, this doesn't require loads of documentary evidences, so what's bothering you (if you wish to share, that is)?
regards
To be fair, since I have spent more than 6 yrs on WP & around 3 months on Tier 2 at the time of my application, and also fulfilling all the requirments, I am under the impression that my case is straight forward & should not take more that two months at max to process. However its now 12 wks in running. I can't think of any reason for this delay & hence the confusion / anxiety. I really don't know why they need to take so much of time. The delay part for such a straight forward case & the mid june deadline of my current LTR is making me nervous.
Thanks.sushdmehta wrote:These documents are not asked for in the ILR application form, so no reason to worry about. It was on basis of these documents (amongst others) that your dependents were granted dependent visas. So UKBA shouldn't need them again as a proof that you are the husband/wife of your spouse and the father/mother of your child/children.
I wasn't asked for marriage certificate when I and my partner submitted our ILR application at PEO Croydon.
regards