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Help: ILR or Tier 1 Extension: Appointment on 6th March

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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adrulz
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Location: United Kingdom

Help: ILR or Tier 1 Extension: Appointment on 6th March

Post by adrulz » Wed Feb 27, 2013 5:19 pm

Dear Board,

I am in a bit tricky situation. My employers had sponsored work permit for me in March 2008. However, I changed the employment and got the Tier 1 (General) in April 2011.

Therefore, I will complete 5 years in March 2013 and would like to apply for ILR. However, I had TV Licence conviction in Feb 2012 for which summon was produced and I had to pay the fine (which I did).

I have hired a solicitor for the ILR application. However, I have been advised that due to the criminal conviction for TV License, I should not apply for ILR and instead go for Tier 1 extension and apply for ILR once 2 years has been served for the conviction.

My query is, if I were to go for ILR and get rejected,
1. Does 5 years requirement period start from the scratch ?
2. Would I still be able to apply for Tier 1 extension in case of ILR rejection?

I would really appreciate some advise here.

Much obliged.

Gagan1986
Senior Member
Posts: 818
Joined: Thu Dec 13, 2012 11:29 pm

Re: Help: ILR or Tier 1 Extension: Appointment on 6th March

Post by Gagan1986 » Wed Feb 27, 2013 10:13 pm

adrulz wrote:Dear Board,

I am in a bit tricky situation. My employers had sponsored work permit for me in March 2008. However, I changed the employment and got the Tier 1 (General) in April 2011.

Therefore, I will complete 5 years in March 2013 and would like to apply for ILR. However, I had TV Licence conviction in Feb 2012 for which summon was produced and I had to pay the fine (which I did).

I have hired a solicitor for the ILR application. However, I have been advised that due to the criminal conviction for TV License, I should not apply for ILR and instead go for Tier 1 extension and apply for ILR once 2 years has been served for the conviction.

My query is, if I were to go for ILR and get rejected,
1. Does 5 years requirement period start from the scratch ?
2. Would I still be able to apply for Tier 1 extension in case of ILR rejection?

I would really appreciate some advise here.

Much obliged.
1. It won't start from the scratch. You will be able to apply for ILR in Feb 14(24 months conviction rule)
2. If your leave is still valid after 'if' your ILR gets rejected you will be able to apply for tier 1 ext

Gagan1986
Senior Member
Posts: 818
Joined: Thu Dec 13, 2012 11:29 pm

Post by Gagan1986 » Wed Feb 27, 2013 10:15 pm

Also when is your leave valid till? If you don't want to wait and really want to apply for ILR with conviction, book an appt in Solihull PEO due to payment advantage preventing the risk of losing 2k. Hiring solicitor is not a solution

adrulz
Newly Registered
Posts: 10
Joined: Mon Feb 18, 2013 3:53 pm
Location: United Kingdom

Post by adrulz » Thu Feb 28, 2013 5:42 am

Gagan1986 wrote:Also when is your leave valid till? If you don't want to wait and really want to apply for ILR with conviction, book an appt in Solihull PEO due to payment advantage preventing the risk of losing 2k. Hiring solicitor is not a solution
Thanks a lot for the quick reply.

My Tier 1 is valid until May 2013. Therefore, I thought it is worth giving it a try for ILR as there are no other implications apart from losing the fees which is a substantial amount (please correct me if am wrong here). Also, it will save me a year in the process of getting the british nationality. What would be your advise?

Also, my current appointment is at Croydon but I will try to get one at Solihull.

Gagan1986
Senior Member
Posts: 818
Joined: Thu Dec 13, 2012 11:29 pm

Post by Gagan1986 » Thu Feb 28, 2013 8:44 am

Provided you meet all other requirements and if it just about losing a fee then look for an appointment asap in Solihull.

Also read this post relating to you as well

http://www.immigrationboards.com/viewto ... ht=#776311

adrulz
Newly Registered
Posts: 10
Joined: Mon Feb 18, 2013 3:53 pm
Location: United Kingdom

Post by adrulz » Thu Feb 28, 2013 8:50 am

Gagan1986 wrote:Provided you meet all other requirements and if it just about losing a fee then look for an appointment asap in Solihull.

Also read this post relating to you as well

http://www.immigrationboards.com/viewto ... ht=#776311
Indeed, there is no other problem whatsoever.

Much obliged.

Gagan1986
Senior Member
Posts: 818
Joined: Thu Dec 13, 2012 11:29 pm

Post by Gagan1986 » Thu Feb 28, 2013 8:53 am

We can sit here and argue all day that if unpaid TV licence fee is a criminal conviction or not. So better you should go ahead and try your luck at Solihull. All the best

adrulz
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Posts: 10
Joined: Mon Feb 18, 2013 3:53 pm
Location: United Kingdom

Post by adrulz » Thu Feb 28, 2013 12:09 pm

Gagan1986 wrote:We can sit here and argue all day that if unpaid TV licence fee is a criminal conviction or not. So better you should go ahead and try your luck at Solihull. All the best
Thanks a lot. I have started looking for appointment in Solihull.

uksettlement
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Location: London
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Post by uksettlement » Wed Mar 06, 2013 1:05 pm

adrulz wrote:
Gagan1986 wrote:We can sit here and argue all day that if unpaid TV licence fee is a criminal conviction or not. So better you should go ahead and try your luck at Solihull. All the best
Thanks a lot. I have started looking for appointment in Solihull.
Did u manage to get an appointment in Solihull?
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

adrulz
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Posts: 10
Joined: Mon Feb 18, 2013 3:53 pm
Location: United Kingdom

Post by adrulz » Wed Mar 06, 2013 1:14 pm

uksettlement wrote:
adrulz wrote:
Gagan1986 wrote:We can sit here and argue all day that if unpaid TV licence fee is a criminal conviction or not. So better you should go ahead and try your luck at Solihull. All the best
Thanks a lot. I have started looking for appointment in Solihull.
Did u manage to get an appointment in Solihull?
No, I haven't. My work place offered to do an extension this Monday for me as that was a safer option and will do ILR once the conviction has been served.

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