Query on ILR - Break in Between

Dr. Geetha · Post by **Dr. Geetha** » Mon Apr 25, 2011 4:51 pm

Dear All,

My husband is working as a pyschiatrist in UK and has a Tier 1 Visa Till september 09/2012. This visa was given to us on 07/sep/2009 ie for a period of 3 years. Myself and my 2year old daughter are here in UK as dependants with him. Earlier to that, he entered UK on a Clinical Attachment VISA. He was on that VISA for 1 year from 2005 - 2006. Later, my husband was in UK from 2006 on workpermit VISA for 1year and then in HSMP Visa for 2 years. ie he was in HSMP Visa from 2007 to 2009.

During our VISA renewal, our application was rejected due to insufficient maintainence funds and hence we had no visa for 3 months in UK. We had to reapply and we did it while staying in UK and then he was granted the Tier 1 Visa for 3years. To sum things up, here is a brief summary of his VISA status in UK until now.

1: Clinical Attachment VISA : 2005 - 2006 (1 Year)

2: Work Permit VISA : 2006 - 2007 (1 Year)

3: HSMP Tier 1 : 2007 - 2009 (2 Years)

4: Break for 3 months (We were in UK during those days)

5: HSMP Tier 1 : 2009 - 2012 (3 Years)

He is due for our renewal in 2012 September hence I wanted to know if we will be eligible for ILR or do we have to again apply for Tier 1 VISA extension.

My main concern is the 3 month break. Could someone please help me out?

Cheers,
Dr G Laksh

gidoc · Post by **gidoc** » Tue Apr 26, 2011 5:29 am

If your husband's application was being considered by HO , assuming it was appealed, and leave to stay was later granted, no break to your stay in UK should apply.

He should be able to apply for ILR in 2011, depending on the start date of his work permit visa in 2006.

Best wishes

Dr. Geetha · Post by **Dr. Geetha** » Tue Apr 26, 2011 10:16 am

Thanks a lot for your reply.
what you mentioned does make sense.
but we were explicitly asked by the HO not to appeal but to re apply.
since we replied through a lawyer do u think we are still eligible for ILR in 2011 or 2012.

Post by **geriatrix** » Tue Apr 26, 2011 10:34 am

When did you make the first application?
When was the leave, valid then, due to expire?
When did you receive the refusal?
When did you make the second (fresh) application?

Please provide dates.

Dr. Geetha · Post by **Dr. Geetha** » Tue Apr 26, 2011 3:48 pm

We made our first application on 08/06/07. ie HSMP for 2 years.
We were due for our renewal on 08/06/09 for HSMP Extension.
We were refused on 21/07/2010 cos of insufficent maintanence funds.
Then we were asked to reapply for the TIER 1 Visa which we applied through a lawyer and we were told by the lawyer to stay in the country for those 3 months as we had left the country then because of the overstay we would have got a ban for 1 year and applying TIER 1 visa from India would be very risky as the chances of getting rejected would be very high.
Hence we reapplied and got our Tier 1 Visa on 11/09/2009 and we are due for our Tier 1 extension on 11/09/2012.
In total we didnt have our visa for 3months and also we overstayed.
I am really not sure whether the 3 months that we overstayed could be regularised or not.

Post by **geriatrix** » Tue Apr 26, 2011 4:09 pm

Dr. Geetha wrote:We were refused on 21/07/2010 cos of insufficent maintanence funds.

I guess you meant 21/07/2009. If not, please provide correct date.

Dr. Geetha wrote:Hence we reapplied and got our Tier 1 Visa on 11/09/2009

Did you apply and were granted on 11/09/09? If not, on what date did you apply?

Dr. Geetha · Post by **Dr. Geetha** » Tue Apr 26, 2011 4:17 pm

I am sorry we were refused on 21/07/09.
and we reapplied on 10/08/09 and got the tier 1 visa on 11/09/09.

Post by **vinny** » Tue Apr 26, 2011 6:56 pm

Perhaps you may argue that you had been incorrectly refused at the time.

parasiteslost · Post by **parasiteslost** » Wed Apr 27, 2011 12:24 am

Dr. Geetha wrote:We made our first application on 08/06/07. ie HSMP for 2 years.
We were due for our renewal on 08/06/09 for HSMP Extension.
We were refused on 21/07/2010 cos of insufficent maintanence funds.
Then we were asked to reapply for the TIER 1 Visa which we applied through a lawyer and we were told by the lawyer to stay in the country for those 3 months as we had left the country then because of the overstay we would have got a ban for 1 year and applying TIER 1 visa from India would be very risky as the chances of getting rejected would be very high.
Hence we reapplied and got our Tier 1 Visa on 11/09/2009 and we are due for our Tier 1 extension on 11/09/2012.
In total we didnt have our visa for 3months and also we overstayed.
I am really not sure whether the 3 months that we overstayed could be regularised or not.

I would say because you overstayed without a valid visa, lawfulness of residence in the UK has been broken and unless you find a way to regularise yourself, in UKBA's eyes you did not complete the 5 year continuous period.
Effectively, your time was reset at 11/09/2009. Best bet is to reapply for Tier 1 extension after 09/2012, and wait till 09/2014 to apply for ILR

Dr. Geetha · Post by **Dr. Geetha** » Wed Apr 27, 2011 9:54 am

Thanks a lot for your reply but is there anyway with which we can regularise our stay in uk i mean on what basis can we ask UKBA to do that or do we have to go through a lawyer.
But I do understand ideally we will be able to apply ILR in 2014.
and also I am currently in India for the past 3 months due to sudden demise of my father do I have to be there in uk during extension or can I get extension from India Uk Visa office.
If yes how early is it that I will have to be in UK as we have Our renewal in september 2012.
Do I have to be there for 1year continuosly or can I go ther just 2 or 3 months in advance.

Post by **vinny** » Wed Apr 27, 2011 10:18 am

You have to be in the UK in order to apply for an extension/settlement.

Post by **geriatrix** » Wed Apr 27, 2011 10:43 am

Dr. Geetha wrote:also I am currently in India for the past 3 months due to sudden demise of my father.

Do note that continuous absence of more than 90 days / 3 months may reset the ILR clock.

Given that your absence is personal and voluntary, IMHO, if you haven't already exceeded the limit then you should consider either returning to UK (if circumstances permit) or at least consider travelling to UK for a short trip.

mkhushi · Post by **mkhushi** » Sun Jul 31, 2011 2:19 pm

Hi,

I was on work permit from 5-Nov-2006 and switch to TIER 1 from 13 May 2008. Before ILR I had to get one more extension on TIER 1 to complete my five years. I submit my application for ILR extension on 4th April 2011 and HO return my application on 26th May 2011 as INVALID because visa payment was not successfull. By this time my visa was already expired on 13th May 2011.

1. Work Permit - 5 Nov 2006
2. TIER 1 - 13 May 2008
3. Submit application for TIER 1 extension on 4 Apr 2011
4. HO return my application as INVALID on 26 May 2011 due to payment issue (they were confused between one number for expiry date and use '2' instead of '1'. Although number doesn't look like '2' nor it is very clear as '1')
5. TIER 1 visa was already expired on 13 May 2011
6. Re-submit my application for TIER 1 extension on 13 Jun 2011 in Sheffield PEO and got the extension for 2 years along with my dependents.
7. Now there is a break in my application from 14 May 2011 - 12 Jun 2011.

May I still eligible for ILR which is due on 4 Nov 2011 ?

Please advise.

Best regards

Khushi.

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