ILR Appln but 9 days gap between switch from WP to Tier 1 ap

[Amit7]

Hi guys

I tried to find a thread relating to my situation but couldn't find any hopefully someone has or had a similar situation and would be able to advise.

So my timeline is as follows-
WP dates - 21/10/07 - 21/10/09 and and 29/10/07 - 29/10/09 for wife
Entry into UK - 14/11/07
1st Tier 1 appln - 05/10/09
1st Appln returned - 26/10/09 due to photos found not recent
Re-submitted 2nd Appln - 30/10/09
2nd Appln refused - 30/11/09
Appeal lodged - 10/12/09
Appeal granted - 25/02/10
Passport stamped - 05/05/10 - 05/05/13
ILR Appln - 22/11/12
Biometric - end Jan/13
Still awaiting ILR decision

So question is do we send another appln for Tier 1 extension to legally stay in UK or wait for decision to come through? Would the 9 days gap between Tier 1 applns affect ILR decision to be negative?

If decision is negative and not received well in time to apply for extension, then would we be still eligible to apply for extension after the expiry of current visa, although decision was given before expiry date?

Of course, if decision is negative and received after expiry date, we can appeal.

Can anyone advise what would be best way (tiem-wise and economically) forward?

Thanks for your suuport in advance.

[Amit7]

Hi,

Can anyone please advise if I have an ILR appln in process (decision pending since 5 months) and current Tier1 visa expiring on 05/05/13, do I need to send another appln for extension?

My solicitor suggests its safer to send another appln so atleast we can stay lawfully and if ILR is refused, tier1 extension is in process.
I have a gap of 9 days (out of visa stay) in the 5.5 year period due to switch from WP to Tier1 nad I/m not sure if this is counted in the 28 days period.

And I'm not sure if sending a 2nd application will supercede my ILR appln or not?

Can anoyone advise please?

Thanks

[uksettlement]

U r fine. No need to apply for extension as you anyways do not have your passport with you. Also, as per ukba your stay is valid if your application is under consideration. Also, in the event of unfortunate refusal you will have an option of applying for extension or appealing.

I don't think that 9 days absence will create any issues.

[ilrapplicant2013]

U r fine. No need to apply for extension as you anyways do not have your passport with you. Also, as per ukba your stay is valid if your application is under consideration. Also, in the event of unfortunate refusal you will have an option of applying for extension or appealing.

I don't think that 9 days absence will create any issues.

That sounds good, i wasnt aware that they will either give an appeal or extension option.

[Amit7]

Thanks much for your reply. It made sense to me too that my application should continue my current visa status until decision but my solicitor was saying otherwise. His safer option is at my cost though!

Also with the 9 days gap, he made it sound like its a big gap in our continuous period due to which our ILR can be refused.

By the way, I also found out through a contacts' contact that my application as of 22/Nov/12 is not yet seen, its still in a box awaiting allocation! Apparently since new rules on 06/Apr/13 and shutting of UKBA, Home Office are now clearing new applications received from this year in order to not have more backlog so I don't when our application will really get its turn.

However I got an acknowledgement letter from my MP to my email to him, that UKBA confirms receipt of my request (I had sent a letter few weeks ago but did not mention it to MP) to expedite the matter but no timescale given. So it looks like the MP did really contact UKBA and its not their standard jargon however I dont know how effective it would be.

Next month will be 6 months and I will immediately start sending follow up letters. Like many others, it's a very frustrating period for us too.

Will keep posted.

[vinny]

Thanks much for your reply. It made sense to me too that my application should continue my current visa status until decision but my solicitor was saying otherwise

Ask your solicitor to explain why he thinks Section 3C isn't applicable after 05/05/13.

Also with the 9 days gap, he made it sound like its a big gap in our continuous period due to which our ILR can be refused.

WP dates - 21/10/07 - 21/10/09 and and 29/10/07 - 29/10/09 for wife
Entry into UK - 14/11/07
1st Tier 1 appln - 05/10/09
1st Appln returned - 26/10/09 due to photos found not recent
Re-submitted 2nd Appln - 30/10/09
2nd Appln refused - 30/11/09
Appeal lodged - 10/12/09
Appeal granted - 25/02/10

Moreover, the UKBA must have kindly continued to treat your initial application as valid after you had resubmitted the photos with the second application. Or they treated the second application as a variation of the initial application. Otherwise, they would not have given you a right of appeal. If you had a right of appeal and appealed in-time, then section 3C would also cover the '9 day gap'. Therefore, there wasn't any gap.