ILR Applied & Existing Tier 2 leave expiry

[Hia_123]

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,

[senthil78]

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,

If you write too many queries in one topic, i think that you won't get more response.

1). If your application is refused and you don't have valid LTR, you will be given a chance to appeal against HO decision within xx days and I think that you can apply your extension while appealing. I suggest you to put this query separately as it is critical, you may get response from the experts.

2). Why do you want to withdraw your application?

3). I don't understand, what is CoS?

4). As far as I am aware, you can apply with the combination of WP & Tier 2. I don't understand your question of what is changed in tier 2?

[Hia_123]

[quote="senthil78"][quote="Hia_123"]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,[/quote]

If you write too many queries in one topic, i think that you won't get more response.

1). If your application is refused and you don't have valid LTR, you will be given a chance to appeal against HO decision within xx days and I think that you can apply your extension while appealing. I suggest you to put this query separately as it is critical, you may get response from the experts.

2). Why do you want to withdraw your application?

3). I don't understand, what is CoS?

4). As far as I am aware, you can apply with the combination of WP & Tier 2. I don't understand your question of what is changed in tier 2?[/quote]

Thanks.

CoS stands for Certificate of Sponsorship. Under the new system, CoS is given in place of WP for Tier 2 applications. On the basis of CoS an individual and his/her dependants gets LTR.

The new change that has come into place from 6th Apr10, states that Tier 2 visa will not lead to ILR.

Hope this clarifies.

Regards,

[senthil78]

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/

[geriatrix]

The new change that has come into place from 6th Apr10, states that Tier 2 visa will not lead to ILR.

I believe this is only applicable for Tier 2 (ICT).

regards

[Hia_123]

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/

Thanks.

My problem is if I don't hear anything on my ILR application till my existing LTR expires or get a refusal at a time when I don't have sufficinet days available for a LTR extension application under my existing tier 2 LTR,

what options do I have?

I don't want to end up staying illegally in UK. I am aware that till the time a decision is made on my ILR application, I am allowed to continue in the UK as per my LTR status as valid during the time of application. Thus, if I am allowed to work, I can continue to work in UK till I get a decision even if the existing LTR expires. But in worst case scenario, if I get a refusal, should they allow sometime (how many days) for appeal or a reasonable timeframe to leave the country.

[geriatrix]

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

[Hia_123]

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

Many thanks.

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.

[senthil78]

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

Many thanks.

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.

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]

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

Many thanks.

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.

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.

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??

[geriatrix]

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

[Hia_123]

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

Thanks.

I was worried thinking that it might be the likely reason for the delay.

Let's see...