ILR rejected Applying for General Tier 1 -- Help Urgent

[ChetanOjha]

One of my friend have applied for my ILR (along with his wife) on the 14/03/2009 but was told by Home Office that it is bound to be rejected due to a break in his WP in 2007.

He is now planning to apply for my HSMP (Tier 1) before 30th March 2009 but his Passport and WP are with the HO. HO have advised him that it would take them 2-3 weeks before HO will send the passport back to him.

Question:

1) Can he apply for General Tier 1 without his passports as they are with Home Office already. He can provide photo copies of the passports.

He call Home Office and was told that, He can apply but he has to given permission to HO to withdraw his previous application i.e. ILR and also ask HO to consider(take) passport from previous application.

Please advise. Would appreciate your prompt suggestion.

[tvn_ramesh]

1) Can he apply for General Tier 1 without his passports as they are with Home Office already. He can provide photo copies of the passports.

He call Home Office and was told that, He can apply but he has to given permission to HO to withdraw his previous application i.e. ILR and also ask HO to consider(take) passport from previous application.

Please advise. Would appreciate your prompt suggestion.

Hi Chetan.. Though i have not seen/been-in this situation, BUT

What HO adviced makes lots of sense and with just few days left for the new rules to come into action, your friend need to hurry..

just follow what HO adviced:

1. Send an Email/fax and post of letter to HO (pls chcek the address n fax no where to send) the Letter giving permission to HO to withdraw your IRL Application dont forget to mention the REFERENCE NO..

2. And again as they suggested in the same letter ask the HO to consider to take the passport from your previous application for the Tier1 (G).. this way your friend will be still be in the old rules..

* please wait for some more experienced ppl to suggest and share their knowledge... on this issue

[drjabberwocky23]

He will definitely need his original passports to apply for Tier 1. I agree with Ramesh's suggestion regarding contacting the UKBA to see if they'll simpl;y transfer the passport from one application to another if the original ILR application is withdrawn.

Out of curiousity, who told him that the application would be rejected due to a break in his stay, and why did he persist with his ILR application if this was the case?

[ChetanOjha]

Hi drjabberwocky23,

He personally visited HO for ILR, where he discovered some descrepency on his visa stamping. HO confirmed that these descrepency is either from HO or from him employers and hence they kept his passport for check/investigate why this happened. Descrepency happened 2-3 years back.
Thats how my friend was told that his ILR will surely be rejected but HO will return his passport in next 3-4 weeks. Now since he was in hung state and no point waiting another 2 years for ILR (rules may change by that time), he decided to apply for Tier 1 General.

[drjabberwocky23]

Hi drjabberwocky23,

He personally visited HO for ILR, where he discovered some descrepency on his visa stamping. HO confirmed that these descrepency is either from HO or from him employers and hence they kept his passport for check/investigate why this happened. Descrepency happened 2-3 years back.
Thats how my friend was told that his ILR will surely be rejected but HO will return his passport in next 3-4 weeks. Now since he was in hung state and no point waiting another 2 years for ILR (rules may change by that time), he decided to apply for Tier 1 General.

Thank you for that chetanojha. It's a shame that he could not withdraw his application once he was aware that the application would be rejected. It seems pointless for the Home Office to be investigating something if they had already made a decision to reject his application.

[ChetanOjha]

Hi tvn_ramesh,

You mean apply with rest of the document and explain history and advice by HO agent in the cover letter.Also asking them in cover letter to withdraw previous application and use the passport in new application. Once reference letter/no.(of fres application) is received, send/fax another letter to HO asking them to withdraw ILR application and use the passport in this new application providing details/ref. no of old as well as new application.

This should make sure, the information reaches HO,for withdrawal and use passport in new application, before any decision is made on the fresh application.

Am i following your correctly?

[tvn_ramesh]

Hi tvn_ramesh,

You mean apply with rest of the document and explain history and advice by HO agent in the cover letter.Also asking them in cover letter to withdraw previous application and use the passport in new application. Once reference letter/no.(of fres application) is received, send/fax another letter to HO asking them to withdraw ILR application and use the passport in this new application providing details/ref. no of old as well as new application.

This should make sure, the information reaches HO,for withdrawal and use passport in new application, before any decision is made on the fresh application.

Am i following your correctly?

Yes, you put it right.. though not soo simple as we write.. i just thought it should work because your friend the below information from the HO itself who adviced him to do soo..

Expert advice is also preffered so that nothing goes wrong n waste the time n money...

He call Home Office and was told that, He can apply but he has to given permission to HO to withdraw his previous application i.e. ILR and also ask HO to consider(take) passport from previous application.

[ChetanOjha]

Thanks ramesh.

He will also mention the name of the agent he spoke to, along with date/time so that case worker can refer to it(as they say they record conversations), if required, to put HO on backfoot.

But you never know.

Would appreciate other Senior member's advice too.

[republique]

One of my friend have applied for my ILR (along with his wife) on the 14/03/2009 but was told by Home Office that it is bound to be rejected due to a break in his WP in 2007.

He is now planning to apply for my HSMP (Tier 1) before 30th March 2009 but his Passport and WP are with the HO. HO have advised him that it would take them 2-3 weeks before HO will send the passport back to him.

Question:

1) Can he apply for General Tier 1 without his passports as they are with Home Office already. He can provide photo copies of the passports.

He call Home Office and was told that, He can apply but he has to given permission to HO to withdraw his previous application i.e. ILR and also ask HO to consider(take) passport from previous application.

Please advise. Would appreciate your prompt suggestion.

I believe if the person doesnt qualify for ILR then they process it as an extension of the current permit.
Check the caseworker manual for details

[maheshnair]

One of my friend have applied for my ILR (along with his wife) on the 14/03/2009 but was told by Home Office that it is bound to be rejected due to a break in his WP in 2007.

He is now planning to apply for my HSMP (Tier 1) before 30th March 2009 but his Passport and WP are with the HO. HO have advised him that it would take them 2-3 weeks before HO will send the passport back to him.

Question:

1) Can he apply for General Tier 1 without his passports as they are with Home Office already. He can provide photo copies of the passports.

He call Home Office and was told that, He can apply but he has to given permission to HO to withdraw his previous application i.e. ILR and also ask HO to consider(take) passport from previous application.

Please advise. Would appreciate your prompt suggestion.

I believe if the person doesnt qualify for ILR then they process it as an extension of the current permit.
Check the caseworker manual for details

I believe if the person doesnt qualify for ILR then they process it as an extension of the current permit.
Check the caseworker manual for details


News to me .

You mean if ILR is rejected , then that application will become an extension application . I dont believe .

ILR is a personal application , extension your sponser etc needs to decide ?

I dont think it will become an extension app.

[ChetanOjha]

Hi Republique,

He doesn't need extension of current permit as he is on work permit valid till 2013. He is switching from WP to Tier 1.

I believe if the person doesnt qualify for ILR then they process it as an extension of the current permit.
Check the caseworker manual for details

[republique]

Hi Republique,

He doesn't need extension of current permit as he is on work permit valid till 2013. He is switching from WP to Tier 1.

I believe if the person doesnt qualify for ILR then they process it as an extension of the current permit.
Check the caseworker manual for details

Then they will just reject it
the extension applies if the permit was going to expire

[ChetanOjha]

Then they will just reject it the extension applies if the permit was going to expire

Hi republique,

He is applying to switch from work permit to Tier 1 General and NOT extension.