My ILR and Partner's extension?

[positiveme]

Hi All,

Could experts advise me on my situation please?

I am due to apply for ILR (10 years one) in Feb'17. Currently I am on Tier 2 General and my partner is on dependent visa. Our current visas expires in Nov'17.

I am completing my 10 years in Feb and my partner's 10 years will be completed in Oct'17.

Will I be able to apply for her ILR along with my application (both applying together)?

If not, can I apply for her ILR, immediately after getting mine?

If not, does she need to apply again to get another kind of dependent visa or can she continues on her current Tier 2 General Dependent before she applies for ILR in Oct'17?


Many thanks for helping us here

[CR001]

Will I be able to apply for her ILR along with my application (both applying together)?

No. Long residence ILR does not permit dependents to apply with you. Only ILR via Tier 2 G could allow this.

If not, can I apply for her ILR, immediately after getting mine?

She will have to wait till she meets the requirements for 10 years long residence.

If not, does she need to apply again to get another kind of dependent visa or can she continues on her current Tier 2 General Dependent before she applies for ILR in Oct'17?

If no travel, she should be ok to stay on her current visa. Technically, she should switch to FLR(M) once you are granted ILR.

[positiveme]

Thank you so much for the prompt reply CR001.

I can also apply for ILR in Nov this year when I complete my 5 years on Tier 2 General but I had a six month's gap where I was not working and wondering if that could cause any sort of issue in getting the ILR (after 5 year's one)?

Can I still apply for ILR in Nov'16 based on completing 5 years on Tier2G? Any suggestion?

If yes for the above, can my partner apply for her ILR with me or immediately I get it (as she already completed 5 years here)?

Many thanks again for your help

[CR001]

What is your immigration history and absence history on Tier 2 General?

Why were you unemployed for so long?

[positiveme]

Hi CR001,

I came to UK for study in March 2007 until end of 2009. Then I was on PSW until 2011 when I got Tier2G. My company gone through redundancies in 2014 and asked me either find another job or (go back). I got another job but the company could't get my Tier2 sorted due to their quota getting full. I then had to go and find another job which I did but it took some time to get the visa sorted. Altogether this process took around six month and I was not working (not getting paid) for that duration.

Hope I have clarified the situation but please let me know if not or have any questions as I would love to apply in Nov this year than next year as it will save me a fortune in fees for all different applications.

Many thanks again.

[geriatrix]

What was the expiry of the leave granted to you as Tier 2 migrant in 2011?
Did the employer terminate your employment? If so, did the employer inform Home Office that your sponsorship was cancelled?
Was that leave then curtailed? If yes, what was the expiry date of curtailed leave?
On what date did you apply for leave under sponsorship from a new employer?

[positiveme]

Hi geriatrix,

Please find it below:

What was the expiry of the leave granted to you as Tier 2 migrant in 2011? 31st Oct 2014
Did the employer terminate your employment? Yes
If so, did the employer inform Home Office that your sponsorship was cancelled? Yes
Was that leave then curtailed? No
If yes, what was the expiry date of curtailed leave? N/A
On what date did you apply for leave under sponsorship from a new employer? 20th Oct 2014 and I got it on 7th Nov 2014

I spoke with my previous employer and realised that I left them in March and joined new employer in Nov which took it to 7-8 months than 6....

Do you think I should wait and go for the 10 year ILR one or you think I can go for 5 years one?

Many thanks

[geriatrix]

Given your responses above, I don't see why should be applying under the LR route and not the PBS route.
You had valid leave (which was not curtailed) up until the day you made an extension application in 2014, so there is no issue here.

If you want to be certain about validity of your leave during the period in question (e.g. - leave was curtailed but you never received any such letter), a subject access request should help allay all doubts.

[positiveme]

Thank you geriatrix,

Given your responses above, I don't see why should be applying under the LR route and not the PBS route.
You had valid leave (which was not curtailed) up until the day you made an extension application in 2014, so there is no issue here.

If you want to be certain about validity of your leave during the period in question (e.g. - leave was curtailed but you never received any such letter), a subject access request should help allay all doubts.

I have looked through the SAR form and think I need to complete section 2, part B but exactly what should I ask?

Should I ask - Please confirm the validity of my leave during the period of March 2014 until Dec 2014?

Or something else?

Will this affect my application as HO will realise they didn't curtail my leave and try to do something now?

I don't want to get into any complications and would like to get the settlement hassle free. I know that I do want to save money wasting in the 10 year one process where I will have to pay for
1. My ILR
2. Partner's dependent visa
3. Upcoming child's dependent visa
4. Partner's ILR
5. and then all of us going for naturalisation...

Lot of expenses

But, at the same time, I want to get it done as it has been more than 9 years and now at this time, I want to get through it once and for all.

Sorry if I have made it difficult for you but I am looking for guidance and support in getting this through and bit concerned now, how this will be done

Once again, thank you for looking into this for me and guiding me

[geriatrix]

1. SAR form - My suggestion always is to tick all the boxes in part A, and use part B to ask for something specific (any decision taken in 2014 to curtail leave).
2. If your leave wasn't curtailed, it remained valid until the day it expired (and SAR is to help you ascertain if any curtailment was issued or not).
3. That leave expired in 2014. HO cannot do anything about it today - that time (to have done something) is long gone. So don't worry!

It is important to find out for certain if there was any decision in 2014 to curtail your leave and if there was one then what was the expiry date of curtailed leave). If there wasn't any, you are all clear (apply for PBS settlement .. along with dependants, if they are also eligible). But if there was one (that you have remained unaware of till date), you need to have the exact details - irrespective of whether you apply for settlement under PBS or ILR. That decision is for later (if at all there was a curtailment).

[positiveme]

Hi geriatrix,

Sorry I forgot to ask, if you could help me with the below questions please then I will send SAR and confirm what HO replies.

Hi geriatrix,

Once again, thank you for your response.

1. SAR form - My suggestion always is to tick all the boxes in part A, and use part B to ask for something specific (any decision taken in 2014 to curtail leave).

What exactly I should ask in part B to get the kind of information I need?

Will the below two lines do it for me?

"Please provide me the status of my leave to remain in UK during March 2014 and December 2014.

Was there any decision made regarding curtailing my leave to remain and if there was then what was the expiry of the same?"



2. If your leave wasn't curtailed, it remained valid until the day it expired (and SAR is to help you ascertain if any curtailment was issued or not).

what if it was and the date was in that time frame?

I never received any letter from HO and also if they had sent me one they shouldn't have given me new visa, right?


3. That leave expired in 2014. HO cannot do anything about it today - that time (to have done something) is long gone. So don't worry!

It is important to find out for certain if there was any decision in 2014 to curtail your leave and if there was one then what was the expiry date of curtailed leave). If there wasn't any, you are all clear (apply for PBS settlement .. along with dependants, if they are also eligible). But if there was one (that you have remained unaware of till date), you need to have the exact details - irrespective of whether you apply for settlement under PBS or ILR. That decision is for later (if at all there was a curtailment).

this line worries me but I will keep my fingers crossed and wait for your response before doing the SAR form.

[geriatrix]

1. You either fill Part A or part B, not both. If you wish to use Part B, then you may state - copy of any decision taken in 2014 to curtail leave.
2. Cannot answer unless the facts are clearly known, that is why you need to know for sure and SAR is the only means available to you to find out.

[positiveme]

Thank you geriatrix,

I spoke with one of the solicitor who suggested to go for the long residence than PBS.

I am bit confuse now...

1. What if I don't ask for SAR and apply for long residence, will there be any trouble?
2. Do I really need to know the facts? Even if I go for long residence application?
3. Under the PBS, I need to work for 5 years which I didn't. Is there any rule which can stop me or challenge me on this point?

Thank you so much for helping me and clearing my doubts

[geriatrix]

1. If your leave was indeed curtailed and you applied for a new leave to remain after 28 days of becoming an oversatyer (not knowing that your leave had been curtailed), then you are neither eligible for settlement under PBS nor under LR - despite the fact that your out-of-time application was approved. I am not suggesting in any way that your leave must have been cancelled. I am only suggesting that it will be better for you to find that out, irrespective of the route you choose (PBS or LR) to apply for settlement, to avoid last minute surprise.
2. As above.
3. Where is this rule mentioned?

[positiveme]

Oh

My questions popped up after talking to the solicitor...

1. If your leave was indeed curtailed and you applied for a new leave to remain after 28 days of becoming an oversatyer (not knowing that your leave had been curtailed), then you are neither eligible for settlement under PBS nor under LR - despite the fact that your out-of-time application was approved. I am not suggesting in any way that your leave must have been cancelled. I am only suggesting that it will be better for you to find that out, irrespective of the route you choose (PBS or LR) to apply for settlement, to avoid last minute surprise.

I will send the SAR now.

2. As above.
3. Where is this rule mentioned?

It's not a rule to be specific but a logical query asked by solicitor...

Thank you for answering and guiding me through this. I will update you on this once I get the SAR reply.

Many Thanks