ILR settlement application unsuccessful scenario

[Akartikeyan]

Hi,

Since there is a lot of confusion regarding the "Income requirement" for WP holders to meet the ILR requirement.

Want to clarify what would be the likely step if an application is rejected based on the new rules for "Income Requirement"

- Do I have the option of challenging the refusal. If yes how do I go about doing it.
- How many days can I stay after my application is rejected? Do I have to abosolutely leave the country before the visa expiry date or do I have a buffer time after my visa expiry date.
- Can I make a second postal application if my personal same day application is rejected.

Also is it better to do a postal application rather than the same day applications. I have heard some stories where the passports were not sent back after the applications were rejected and the applicants were asked to get to the airport and collect it while being deported.

Any advice appreciated.

Rgds
Amit

[geriatrix]

1. If a decision is made when your current leave is valid, you will not be given a right to appeal. You may apply again - for extension or for settlement - before the current leave expires.

2. If a decision is made after your current leave has expired, then you'll be given the right to appeal. If you appeal within the stipulated time, your current leave will be extant by virtue of Section 3C until all appeal options are exhausted.

3. Staying in UK for more than 28 days from the day you become an overstayer may influence any entry clearance in the future.

4. Unless one is aware of the immigration history of the applicant in question, the "stories" that one may hear should not be relied upon.

[ALI74]

Thanks Sushdmehta

My ILR is due in July & I have three dependent (wife & two kids)

I have a very little doubt regarding Earning requirements because my job title is not on COP.I will be completing 10 years in July as well.
So I am thinking to apply alone at PEO in July.
If get ILR the dependent will apply by post,
and in worse case if rejected then will be able to apply straight away for 10 years basis.


Please need second openion from experts.