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ILR application on LR route with few application refusals during the stay

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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bezawada
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Joined: Sat Apr 05, 2014 1:47 pm

ILR application on LR route with few application refusals during the stay

Post by bezawada » Mon Sep 03, 2018 12:55 pm

Hi,
I've booked a premium service appointment for ILR(LR route) in Oct first week.
I'm living in UK since October 2008 with no absences over 540 days(in total) and no continuous absences for 180 days.
But during my stay I'd few application refusals.
1) In Jan 2013, I had applied for tier-1 entrepreneur Visa (4 days before the expiration of my PSW), but it was refused in May 2013 and then I went for an appeal.
2) In April 2014, I requested to withdraw my appeal and applied for tier-2 general visa. After two weeks I did contact Home Office and came to know that my tier-1 application(appeal) withdrawal wasn't successful, so I request them again to withdraw it.
After 6 weeks, my tier-2 general visa application was also refused stating that my previous application(Tier-1) is under process and returned my application fee.
I thought that the case worker might had verified my previous application status before my second attempt of withdrawing it.
3) In the last week of May 2014, I'd applied for Tier-2 general visa again within a week of previous tier-2 refusal. Unfortunately my second attempt was also refused. But this time, they said I made application after 28 days of withdrawal of Tier-1 visa. They didn't consider my first attempt of Tier-2 general application, where that application was with them for 6 weeks.
Then I went for Judicial Review. Later I got a positive response on JR and got my teir-2 visa within 3 months (in September 2014) :D .

Since then I don't have any issues, my Tier-2 general visa has also been extended in 2017.

Now my question is, can I expect the result of my ILR on the day of premium appointment?

can someone please suggest what kind of documents can be supplied to support my application.

Many Thanks.

bezawada
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Posts: 8
Joined: Sat Apr 05, 2014 1:47 pm

Re: ILR application on LR route with few application refusals during the stay

Post by bezawada » Tue Sep 04, 2018 3:57 pm

Can someone please respond on it.

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zimba
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Re: ILR application on LR route with few application refusals during the stay

Post by zimba » Wed Sep 05, 2018 1:59 am

Your case is not straightforward and there is a high possibility of refusal unless HO applies discretion.

The immigration rule perspective:
Your First Tier 2 application seems to have been returned as invalid (probably not refused) which makes the day of Tier 1 withdrawal, the day your section 3C ended (your last day of lawful residence) You applied more than 28 days after that day and such application would have led to an automatic refusal. You secured visa eventually in Sep 2014 after JR. This means between May 2014 and Sep 2014 you had technically no lawful residence, so there is a break in the continuous lawful residence.

Your situation:
Obviously HO failed to withdraw the Tier 1 appeal as requested by you which led to a return of the first Tier 2 application. This might have been the reason why your JR was successful. Depending on what the JR ruling said, HO might have to apply discretion
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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