Please help, ILR issues

[sonrock]

Hi there

I'd like to ask for your help and please do so if you can as we're in dire position at the moment. I met quite a number of immigration solicitors and my lastest appointment with a managing partner (head of immigration in a big law firm that has 11 offices around the UK) made me very sad and confused.

First of all, our brief story.

The first day I arrived the UK is 05/07/2007. I stayed until late Nov 2008 and then came back to our country.
The first day my wife arrived the UK is 06/01/2007. She stayed until late Dec 2008 and then came back to our country.
Our visa was expired by 31/01/2009.

We came to the UK to study a master course but in Sep 2008, my wife had ectopic pregnancy and been through 3 operations within a short period of time. Doctors and Nurses at the hospital made her infected during/after the first operation, so the next 2 ones nearly took her life.

She was very weak and had to be on wheelchair all the time until leaving the UK. We came back to our country and got married in March 2009 whilst my wife was having traditional treatments for fertility with a very well known general herbalist (considered as traditional doctor).

He said that my wife should not travel at all whilst the treatment should take 6 - 12 months or longer in order for the medicines to be effective; whilst she had to see him every week for pulses measurement + taking medicines.

The hardest part here is all the most critical time when my wife was in hospital with operations etc. was in the UK. We came back to our country for our wedding (still within 6 months period) but decided to stay longer due to her health and fertile conditions. Having children is the most important part of our family and we had to prioritise this whilst listening to our doctor's advice. But I'm not sure this is gonna convince guys at HO when they just want to kick foreigners out.

We came back to the UK in Sep 2009 to start my PhD and staying until now without break. My visa Tier 4 Doctorate Extension Scheme will expire by 02/07/2017 just 3 days before I reach 10 years. My wife and children are my dependant and visa expire dates are the same.

We've never overstayed in the UK or breached any law, always applied to extend visa before expired date. My children were born in the UK. By Oct this year, one is 6 years old and another is 3 years old.

We had all the medical records from NHS and also cover letter + prescriptions from our genegal herbalist back in our home country, but still feel it very difficult in our case.

The most confusing part is the solicitor (managing partner) told me last week that I'm not eligible to apply for ILR because my current leave doesn't cover the 10 years time although just 3 days shortage. I thought we can apply 28 days before we reach 10 years and my current leave perfectly covers that???

In addition, the solicitor also told me that if we try to appeal, then appeal and they still let us down. By that time, my daughter will reach 7 years old and we'll be able to apply for family visa.

However, if we're granted the visa then all the appeal time under 3c leave will be considered legal and not overstay.

Otherwise, all the time staying in the UK after they refuse our ILR application will be considered overstay.

That means, by 2019 when we can count the second 10 years continously without break (6 months at one point or 540 days in total) will not work as we will have overstayed already. That's the critical point if we try to buy time to reach the second 10 years time.

I graduated last year with a PhD and started working immediately as a project manager. Unfortunately, my employer is not a tier 2 register whilst it's extremely difficult for me to get a visa sponsored job as all graduate programmes start in September while my visa expires by July.

Also I'm not from a 'prioritised country' where people here in the UK want to do business with so sponsored jobs usually go to Indian, Chinese, Middle Eastern or Russian students.

I'm still trying to applying for jobs everywhere but really hopeless.

I don't know what to do next when our visa expiration date is coming soon. Please advise me.

Very many thanks and best regards,

Sr

[vinny]

You may apply for ILR up to 28 days prior to when you complete your qualifying period.

[sonrock]

Hi Vinny

very many thanks for replying me with the link. I told the solicitor exactly the same but she said I'm still not eligible due to my leave doesnt cover the 10 years period.

So that she suggested that my wife will apply for ILR whilst I apply simultenously as her dependant which I have no clue how this works.

She's a managing partner of a big law firm, head of immigration department and also teaching laws at university so her comment made me confused about this.

In addition, regarding our 10 and 9 months break with the health + medical conditions of my wife, do you think we have a good ground for arguments in this case?

Most solicitors I met told me that the HO will reject our applications in the first place and hopefully they will help us to turn around with appeals. I'll lose my right to work as long as they reject the application, am I correct?

That's gonna be a very difficult time ahead but it seems we have no choice.

Any advice for great immigration lawyers/solicitors in Leeds please?

Many thanks,

Sr

[CR001]

You will qualify for ILR in 2019. You were absent for almost a whole year (2008/09). Absence of 180 days or more breaks continuity of residence.

Members have been refused long residence ILR due to prolonged absence due to compassionate circumstances and requesting discretion (i.e. parent had cancer and died, is the one that comes to mind first).

[vinny]

Absence of 180 days or more breaks continuity of residence.

That's correct. That may be the reason that solicitors think that you will fail.

[sonrock]

Hi

Thanks for your reply but I don't know how to get to 2019 without overstaying as stated by the solicitor???

Also my wife's conditions were very bad really when we were back in our country. She was totally devastated by three operations and knew that it would be unlikely for her to have children naturally again.

We had an appointment with a senior consultant before going home from the hospital and he said IVF treatment would be the only option for us.

Not to mention that one month after being discharged from hospital, doctors and nurses came to visit her everyday to change badges and check her condition as she was infected and they had to attach a machine to her wound to deal with discharged liquid. She was in a very serious condition tbh.

So when we came home for our wedding, we were also looking for traditional treatments for her health + fertility. The doctor also insisted that she should not travel.

Do you think all these are not good enough?

I'm not worrying because worry doesn't help but feel really hopeless in this case.

We've invested so much in the UK, bought the house here 5 years ago as well and having 2 children born here.

I'm not sure if we continue drag the HO with appeals then it's gonna buy us 1-2 years then applying for family visa based on my daughter's 7-8 years in the UK. That's not guaranteed as well although we have an excellent cover letter from my daughter's teacher and the school said they would do anything to keep her in the UK.

I'm sad and hopeless. Still can't find a committed solicitor who is willing to help us in this case.

I have another question please.

If when we are in the middle of ILR application or appeal, if I receive a job offer with Tier 2 sponsorship, can I switch over and is the waiting time considered overstayed?

Also, my visa expired by 02/07 whilst starting date is Sept, can I still apply for Tier 2 visa before my starting date as long as I have certificate of sponsorship?

Many thanks

[CR001]

You cannot apply for Tier 2 General (if possible) if you do not have valid leave in the UK. A CoS doesn't mean anything if your current visa has expired.

Look at it from HO's point of view. She was receiving medical treatment in the UK. You chose to go home to get married and get treatment from a 'traditional healer' (I am going to assume you are from an African country). Unlikely anything the healer you saw said or advised would even be considered by HO as a traditional healer is not medically trained or certified. So no, I don't believe this would give any weight to your application and that is besides the fact that you have exceeded the permitted single absence limit.

[sonrock]

Hi

Thanks for your reply. I'm from Asia, not Africa.

Also the general herbalist is a well known doctor, he has registration certificate and helped many couples having children after taking his medicines (similar to Chinese and South Korean styles).

Newspapers and medical magazines did write about him and this is not bullshit. I have all these evidences to show the HO.

The main point here is after being discharged from the hospital from Nottingham, she was very weak both mental a physical.

With a burning desire to having children, she wanted to try a traditional way first before going back to the hospital and try IVF. This method takes a long time for the medicines to be effective whilst the doctor needs to measure pulses every week in order to evaluate patients' improvement and prescribe new formula or medicines if necessary.

The truth is when we were back in the UK in 2010, we did try ICSC (an advanced treatment of IVF) but we were not successful. We have all the medical records with us.

Please continue sharing your valuable thoughts in my case.

Many thanks

[sonrock]

I forgot to mention, in order to be qualified as general herbalist or traditional doctor, you must attain professional qualifications either from medical universities or the ministry of health. So the one who gave my wife treatments are fully qualified in this case.

He's also the one who saved my life about 20 years ago when all hospitals couldn't find out what went wrong with me and I nearly lost my life after going from one hospital to another during 2 weeks.

The most important point is I don't know how to make a really strong argument based on my wife's condition when spending more than 6 months back in my country to have the traditional medical treatments.

Please share your thoughts.

many thanks.

[sonrock]

You cannot apply for Tier 2 General (if possible) if you do not have valid leave in the UK. A CoS doesn't mean anything if your current visa has expired.

Hi, so can I withdraw/switch my application to whatever you name it (ILR or Tier 1 Entrepreneur or FLR) while waiting for the HO's decision to Tier 2?

I'm just hoping that someone is going to sponsor my visa under Tier 2 but it's still a miracle whilst it's very tricky in my case unless they are willing to bring me in this July, otherwise as posted.

Thanks

[CR001]

so can I withdraw/switch my application to whatever you name it (ILR or Tier 1 Entrepreneur or FLR) while waiting for the HO's decision to Tier 2?

Only certain visa categories can switch to Tier 2 General within the UK. How do you think you will qualify for FLR?

[sonrock]

Hi, I'm under Tier 4 DES then I think I'm fine with Tier 2.

For the FLR, I have no clue about it despite reading the application form + guidance apart from we've been living in the UK for 10 years.

What we're trying to do with ILR is hopefully we'll get it in the end, otherwise the appeal process will buy us enough time until my daughter reach 7-8 years by Oct next year then apply for family visa.

Initially, we thought we could reach 2019 and then apply again for ILR under the new 10 year long residence route, but after talking to the solicitor, she told us that we'll have overstayed starting with the time after our ILR application's rejection. That's my main concern now and don't know what to do next.

Thanks

[morning_grays]

Perhaps you can reach your 10 years by 2019. You can apply set LR on the last day of your visa expiry. This may take from 3 to 6 month or may be longer to be decided. If they refuse you which is most likely but you will get a right to appeal. If you appeal the decision it can take a year or more for hearing . You can also apply to adjourn the hearing which may take an other 3 to 6 month to reschedule the hearing. There will be a good chance of appeal to be allowed considering the length of period and having all of your family including children are here in UK. But it all depends if you present your case very well and hire a good barrister. But if your appeal is dismissed you can apply for permission to upper tribunal. During this period your leave to remain will be extended by section 3c. Hopefully you will complete 10 years legal stay and make a new application of set LR.

[sonrock]

Hi

Thanks for your reply, please read my previous post regarding comments of a solicitor about my future leaves if our application was rejected.

Best regards,

[Casa]

Hi

Thanks for your reply, please read my previous post regarding comments of a solicitor about my future leaves if our application was rejected.

Best regards,

Under the forum Ts&Cs members are not permitted to post recommendations for professional services.

[sonrock]

Hi thanks,

I know that and just reminded the other member of what I was told from a solicitor regarding my potential leaves in the future. Honestly I'm confused about her comments as well that's why I'm asking clarification and help here.

Best regards

[Casa]

Hi thanks,

I know that and just reminded the other member of what I was told from a solicitor regarding my potential leaves in the future. Honestly I'm confused about her comments as well that's why I'm asking clarification and help here.

Best regards

Sorry for my misunderstanding.

[vinny]

The best course would be to switch to Tier 2 (General) or Tier 1 (Graduate Entrepreneur) or another work related leave before your leave expires.

[sonrock]

Hi Vinny

Thanks for your recommendation as other solicitors said but as I mentioned before, I need a miracle for those things to happen now as my visa is going to run out soon.

My wife was rejected with entrepreneur visa last December and there is no chance for me to do the same thing now.

Any advice please?

[CR001]

Can your wife not get a Tier 2 General sponsor?

[sonrock]

Hi

No, it's very unlikely that she can get tier 2 sponsorship because she's been a housewife during the past 6 years since our first child was born.

She doesn't have sufficient experience or qualifications to be considered for a sponsored job unfortunately.

Her visa expires at the same time as mine thus she's in worse condition.

I've got a PhD and been to the final round of biggest firms who are tier 2 registered many times but only successful one with my current job as my employer doesn't sponsor visa.

It's really sad and hopeless with this tier 2 game. They all told me that even if I had the job offer, it would not guarantee that I'll get it in the end.

Because they need to wait until the application process ends - very close to starting date - to see if any vacancies still available and not filled by British or European, then internationals like me might have a chance.

That's a painful and plain truth about my applications for tier 2 sponsorship jobs.

[sonrock]

Can anyone please answer my question:

If we apply for the ILR and Family visa and both are rejected, then we continue with the appealing processes, let say we'll get until late Sep 2019, by that time we'll reach our 2nd 10 years in the UK without break.

Can we make a fresh application for ILR? Or our application will be invalid as a solicitor said that we'll have overstayed by that time?

Very many thanks for your kindness and help.

[Nav80]

Hello everyone!!!

I have a query for my friend as he is an unknown territory now and if someone can help it would be great. The story is as he applied for his ILR on 10yrs route on window but his application was rejected due to a gap which occur due to one of his application was rejected n he then appeal on judicial review which I think after change in law breaks your continuous leave in Uk. However he then appeals as he got married during that time and won appeal in Jan 2017.
The judge allowed his appeal on article 8 grounds. Last week he received his biometric card but to a much surprise they only issued him leave to remain for 2years and work entitled.

The question is why home office didn't issued him ILr and what his ideal way forward to get ILR now.

Thanks

[vinny]

Nav80, do read 12).

[sonrock]

can anyone answer my question please?

It's confusing because of the information provided by the solicitor as she's the only one who said so.

I did quite much research online but can't still find an appropriate answer for my case. Therefore mods and experience members please help.

Many thanks