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Urgent-current visa runs out 24/8/23, can i apply for ILR

Posted: Sat Aug 12, 2023 6:33 pm
by Blackpearl_786
I will greatly appreciate help with this mess. Please help me make sense of it. here's my life story:
1: first granted Tier 1 Post study partner visa-valid Feb 2009 to Nov 2010
2: PBS Dependent Jan 2011 till Jun 2013 (I dont know if the gap between Nov 2010 and issue date of Jan 2011 has any bearing).
3: Tier 2 Partner Mar 2012 till Jan 2014 (I switched from one visa category to the other)
4: I spent a year out of UK from Nov 2011 till Dec 2012 which then reset my ILR clock.

5: Tier 2 General Migrant VIsa valid from Jul 2014 till Sep 2017 (again not sure if the validity period has any bearing as I have always applied before the visa ran out!)

6: Leave to remain valid from Sep 2017 till Mar 2018
7: Leave to remain valid from May 2018 till Nov 2020
8: Spouse/Partner leave to remain valid from Feb 2021 till Aug 2023
I applied for Leave to remain in 2018 under Appendix FM 5 year partner route which was rejected under paragraphs R-LTRP.1.1.(a), (b), and (c). The UKNARIC certificate I attached at the time confirmed by English Language requirement to be at Level C1 (the letter I received stated it did not meet requirement of level A1/A2).
I was granted leave under 10 year partner route under paragraph D-LTRP.
I did not question it at the time but I now need to apply again and will be using the exact same degree with an updated confirmatory statement regarding Bachelor degree equivalence and English level from ECCTIS.
I would now like to apply for ILR based on long residency of 10 years. Is this something that is likely to be granted considering my above immigration history and timelines? what about the English language requirement. I was thinking about sending in my original IELTS results from 10 years ago which I used when I first applied for Tier 1 Partner visa to further strengthen my application.
Any help and advice will be greatly appreciated.

Re: Urgent-current visa runs out 24/8/23, can i apply for ILR

Posted: Sat Aug 12, 2023 11:16 pm
by zimba
The dates suggest that you have been eligible for ILR under long residence since last November. Why did you not apply then ??
I advise against sending old IELTS. If the confirmation from Ecctis (formerly UK NARIC) shows the following, then you are good to send that:

• the degree is equivalent to a UK bachelor’s level degree or above
• qualification is academic, not technical or professional
• degree was taught in English

Otherwise, I suggest sitting for a SELT exam instead.

Re: Urgent-current visa runs out 24/8/23, can i apply for ILR

Posted: Sun Aug 13, 2023 3:38 am
by AmazonianX
Blackpearl_786 wrote:
Sat Aug 12, 2023 6:33 pm
I will greatly appreciate help with this mess. Please help me make sense of it. here's my life story:
1: first granted Tier 1 Post study partner visa-valid Feb 2009 to Nov 2010
2: PBS Dependent Jan 2011 till Jun 2013 (I dont know if the gap between Nov 2010 and issue date of Jan 2011 has any bearing).
3: Tier 2 Partner Mar 2012 till Jan 2014 (I switched from one visa category to the other)
4: I spent a year out of UK from Nov 2011 till Dec 2012 which then reset my ILR clock.

5: Tier 2 General Migrant VIsa valid from Jul 2014 till Sep 2017 (again not sure if the validity period has any bearing as I have always applied before the visa ran out!)

6: Leave to remain valid from Sep 2017 till Mar 2018
7: Leave to remain valid from May 2018 till Nov 2020
8: Spouse/Partner leave to remain valid from Feb 2021 till Aug 2023
I applied for Leave to remain in 2018 under Appendix FM 5 year partner route which was rejected under paragraphs R-LTRP.1.1.(a), (b), and (c). The UKNARIC certificate I attached at the time confirmed by English Language requirement to be at Level C1 (the letter I received stated it did not meet requirement of level A1/A2).
I was granted leave under 10 year partner route under paragraph D-LTRP.
I did not question it at the time but I now need to apply again and will be using the exact same degree with an updated confirmatory statement regarding Bachelor degree equivalence and English level from ECCTIS.
I would now like to apply for ILR based on long residency of 10 years. Is this something that is likely to be granted considering my above immigration history and timelines? what about the English language requirement. I was thinking about sending in my original IELTS results from 10 years ago No, go for Trinity SELT GESE at Level B1 (search in Google) which I used when I first applied for Tier 1 Partner visa to further strengthen my application.
Any help and advice will be greatly appreciated.
Have you passed LIUK?

Re: Urgent-current visa runs out 24/8/23, can i apply for ILR

Posted: Sun Aug 13, 2023 7:29 am
by Blackpearl_786
I am grateful for your response. I am curious to understand the reason behind rejected visa under 5 year route. Can you help me understand it please? I had sent in AQUALS as well as EPLS from UKNARIC so it should not have been that. Could the case worker have made a mistake? I have done LIUK. At this point in time, I am just about ready to give up so will fill out the form, send in what I have and then Hope for the best.
Thank you once again for your advice.

Re: Urgent-current visa runs out 24/8/23, can i apply for ILR

Posted: Mon Aug 14, 2023 1:25 am
by zimba
Blackpearl_786 wrote:
Sun Aug 13, 2023 7:29 am
I am grateful for your response. I am curious to understand the reason behind rejected visa under 5 year route. Can you help me understand it please? I had sent in AQUALS as well as EPLS from UKNARIC so it should not have been that. Could the case worker have made a mistake? I have done LIUK. At this point in time, I am just about ready to give up so will fill out the form, send in what I have and then Hope for the best.
Thank you once again for your advice.
Was your UKNARIC certificate obtained under the Red route?

Re: Urgent-current visa runs out 24/8/23, can i apply for ILR

Posted: Mon Aug 14, 2023 10:24 am
by Blackpearl_786
Thank you. Yes I have double checked and it was obtained under red route specifically for immigration purpose, confirming equivalence to Bacherlors Honours and C1 level. I really don't understand why the 5 year route was rejected on English language basis. I shall send in the ECCTIS reprint with the rest of documents. Thank you once again.

Re: Urgent-current visa runs out 24/8/23, can i apply for ILR

Posted: Mon Aug 14, 2023 2:29 pm
by zimba
Blackpearl_786 wrote:
Mon Aug 14, 2023 10:24 am
Thank you. Yes I have double checked and it was obtained under red route specifically for immigration purpose, confirming equivalence to Bacherlors Honours and C1 level. I really don't understand why the 5 year route was rejected on English language basis. I shall send in the ECCTIS reprint with the rest of documents. Thank you once again.
You should have contested the decision then. It could have been an error as the A1/A2 level is the minimum required level and C1 is much higher

Re: Urgent-current visa runs out 24/8/23, can i apply for ILR

Posted: Mon Aug 14, 2023 3:01 pm
by Blackpearl_786
Thank you, and yes I should have questioned it at the time. Sigh. Lesson learned though. I shall update this post once I have received an outcome. Your help is greatly appreciated.

Re: Urgent-current visa runs out 24/8/23, can i apply for ILR

Posted: Tue Aug 15, 2023 11:32 pm
by Blackpearl_786
Silly query (I think) but whilst completing the application form online (Indefinite leave to remain on the basis of long residency), there is a question about children and who they live with. The only options are ;
You (as in me), OR Partner OR other. I want to show that children live with both parents but I can't tick both my name and partner's name. Shall I tick 'other' and then write that children live with both parents or am I making it too complicated?
The second question is about attaching letters from employer. Is it worth it or should I not worry?
Again, I shall greatly appreciate any helpful advice and guidance.

Re: Urgent-current visa runs out 24/8/23, can i apply for ILR

Posted: Wed Aug 16, 2023 12:45 pm
by zimba
None of those things are relevant under the long residence route

Re: Urgent-current visa runs out 24/8/23, can i apply for ILR

Posted: Sat Nov 11, 2023 7:02 pm
by Blackpearl_786
I received an email from HO about 6 weeks after submitting my biometrics, asking to rescan the passport pages of one of the old passports. I had paid for special service by local ukvi centre where they were supposed to check and scan the documents. Clearly, it was an inefficient ukvi worker who didn't know what they were doing. I sent in all my original documents to HO and got my ILR within 10 days.
Caution to others who are thinking of paying for this additional service: it has failed me twice so far. Once back in 2018 when the ukvi worker failed to upload my uknaric documents. HO then rejected my application but as I am a reasonably skilled migrant, they probably couldn't afford the uproar it would cause if I was to leave UK so converted my visa to a different category which allowed me to stay. The second time again,despite paying for this additional service, my passport was not uploaded!there is no way I could check or confirm what the ukvi worker was doing so had to rely on their efficiency and intellect which clearly was lacking.
Just wanted to convey my gratitude to the moderators of this group for their wisdom and kindness.

Re: Urgent-current visa runs out 24/8/23, can i apply for ILR

Posted: Sat Nov 11, 2023 8:04 pm
by CR001
I had paid for special service by local ukvi centre where they were supposed to check and scan the documents. Clearly, it was an inefficient ukvi worker
Ukcvas staff are NOT ukvi staff ot caseworkers. Ukcvas is a third party agent contracted by ukvi to do Biometrics etc.

Re: Urgent-current visa runs out 24/8/23, can i apply for ILR

Posted: Sat Nov 11, 2023 11:36 pm
by AmazonianX
Blackpearl_786 wrote:
Sat Nov 11, 2023 7:02 pm
I received an email from HO about 6 weeks after submitting my biometrics, asking to rescan the passport pages of one of the old passports. I had paid for special service by local ukvi centre where they were supposed to check and scan the documents. Clearly, it was an inefficient ukvi worker who didn't know what they were doing. I sent in all my original documents to HO and got my ILR within 10 days.
Caution to others who are thinking of paying for this additional service: it has failed me twice so far. Once back in 2018 when the ukvi worker failed to upload my uknaric documents. HO then rejected my application but as I am a reasonably skilled migrant, they probably couldn't afford the uproar it would cause if I was to leave UK so converted my visa to a different category which allowed me to stay. The second time again,despite paying for this additional service, my passport was not uploaded!there is no way I could check or confirm what the ukvi worker was doing so had to rely on their efficiency and intellect which clearly was lacking. For document upload, giving it to UKVCAS worker will be the last thing I do.or suggest to someone (except in case of someone who does not have means to scan and upload or beyond time when applicant can self upload). It used to.be common in time past for applications to be refused due to missing document caused by such negligence.
Just wanted to convey my gratitude to the moderators of this group for their wisdom and kindness.
Congratulations 🎊