ILR ADVICE

coco21 · Post by **coco21** » Tue Oct 18, 2011 3:32 pm

I have been reading and following the forum for a couple of weeks now and have found it extremely useful. I have just some points in my case need to be advised.

I am here since 18 Jan 2007 as WP holder (5years with same employer/same job). I have out of the country in total of 241 days (in/out travel days are excluded), of which 110 days are business trips (the employer will provide a letter to confirm that and to confirm that I was paid during this period) and 131 days, all of them are paid annual leaves (the employers will also provide a letter to confirm that and to confirm that I was paid during these leaves). I am on a permanent position with high salary which is higher than the SOC of my job (the employer will also provide a letter confirming that and that I am still needed for the job for the foreseeable future).
I do have a family (dependents: wife and two kids)-all of us are American citizen and I do own my house here (2 years ago) with a mortgage.

My visa will be needed on 27 December 2011. To apply for ILR within the 28 days, so the earliest I could apply is 21 December 2011 (which is just 6 days away from my expiry date!. Which makes me worried) and this is my point. Ifs!
1. If I apply for ILR on 21 December at PEO , and for any unseen reason got refused what I should do, if its refused in the same day, I guess I COULD APPLY FOR Tier 2 extension, providing I got the CoS form the employer (should I got it in advance just in case?). However, if is deferred this means I will got a decision when my visa expires and it would be a problem! What if could not get the right to appeal?
2. Another scenario is , can I apply for extension first so, I would have peace of mind regarding the expiry date and then will apply for ILR later and even if it got rejected, I would have time to reapply again in the future) if the extension refused, then can I still apply for ILR on 21 Dec.

So, my concern is to apply for the extension or ILR first. I know if I applied for the extension would be more expensive since I need to pay twice but I rather gamble on money than gambling of things getting refused.

Sorry for confusing you in my case but your help is very important.

Thanks

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Post by **geriatrix** » Tue Oct 18, 2011 11:18 pm

1. If a decision on an application is made on day when the applicant's current leave has expired, then a right to appeal will be granted.
2. If you have concerns about eligibility to settlement because of your absences and are unsure if settlement will be granted, then it will be in your best interest to extend your Tier 2 leave.

coco21 · Post by **coco21** » Wed Oct 19, 2011 1:14 pm

Thanks sushdmehta,

Another question: should be any certain amount of money in the bank to show in the bank statement? my salary is depositing each month into my bank account but it usually goes off in the same month (no saving)..and sometimes OD? any problem re ILR?
Thanks

Post by **geriatrix** » Wed Oct 19, 2011 1:21 pm

coco21 · Post by **coco21** » Wed Oct 19, 2011 2:45 pm

Thanks again

coco21 · Post by **coco21** » Wed Oct 19, 2011 4:57 pm

I have also some arabic stamps in my passport when I entered some arabic countries for holidays (no dates in English).So, how they could check this and how I could confirm these dates? while I am back to the UK, there is no problem since there will be a UK stamp.

Thank you

Post by **geriatrix** » Wed Oct 19, 2011 4:59 pm

Don't worry!

coco21 · Post by **coco21** » Wed Oct 19, 2011 6:42 pm

Thanks.. I have heard that If I do extension and got say three years and then applied for ILR later (and if refused for any reason) they will not give the right to appeal since I do have a valid visa. is this true? and if this correct can I reapply again later say after 1 year? please advise
thanks

Post by **geriatrix** » Wed Oct 19, 2011 8:00 pm

coco21 wrote:I have heard that If I do extension and got say three years and then applied for ILR later (and if refused for any reason) they will not give the right to appeal since I do have a valid visa. is this true?

Yes.

coco21 wrote:and if this correct can I reapply again later say after 1 year?

Whenever you want ... as many times as you want.

coco21 · Post by **coco21** » Wed Oct 19, 2011 8:12 pm

many thanks

littlerice · Post by **littlerice** » Wed Oct 19, 2011 8:28 pm

Just noticed the date you mentioned you were gonna apply in person is awfully close to Xmas, better find out if they open on that day, and it'll also be more difficult than usual to get an appointment. Sorry to give you more stuff to worry about, but better find out now than later.

coco21 · Post by **coco21** » Wed Oct 19, 2011 8:41 pm

yes thanks..if I could not get an oppointement I will do it by post!

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ILR ADVICE

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