more than 60 days b/t jobs (245AAA(b) removal) - ILR granted!!

[newjoiner86]

I can't thank you enough!
I will try and share my experience!

THANK YOU!!! God bless you!

Hello,

Just wanted to check if you went ahead with an AR? Or if you're looking to re-apply?

Thanks

[Camilla C]

I haven't done anything yet other than I have almost gone mad.
It's so difficult to get a piece of paper that proves that it wasn't my fault - It leaves me speechless.

I hope that you are in a better situation.

[CR001]

You have missed the deadline for submitting the Admin Review (if you had the option of AR and new evidence would not have been permitted anyway) now so not sure what you propose to do to be honest.

If you choose to go the expensive Judicial Review route, you should bear in mind that this falls outside the scope of the immigration rules and does not give you any legal right to reside once your visa expires (if it is still currently valid). This period of overstay would only be disregarded IF your were successful with JR.

[Camilla C]

You have missed the deadline for submitting the Admin Review (if you had the option of AR and new evidence would not have been permitted anyway) now so not sure what you propose to do to be honest.

If you choose to go the expensive Judicial Review route, you should bear in mind that this falls outside the scope of the immigration rules and does not give you any legal right to reside once your visa expires (if it is still currently valid). This period of overstay would only be disregarded IF your were successful with JR.

Hi! was this directed to me?

I want to re-apply with a cover letter from my employer explaining the problem with the HR process that caused the delay. It is 100% true. But it is not easy to get them to issue such a letter.

are you saying that I am not allowed to re-apply with new evidence? i.e. fully new application..?

[CR001]

You have missed the deadline for submitting the Admin Review (if you had the option of AR and new evidence would not have been permitted anyway) now so not sure what you propose to do to be honest.

If you choose to go the expensive Judicial Review route, you should bear in mind that this falls outside the scope of the immigration rules and does not give you any legal right to reside once your visa expires (if it is still currently valid). This period of overstay would only be disregarded IF your were successful with JR.

Hi! was this directed to me?

I want to re-apply with a cover letter from my employer explaining the problem with the HR process that caused the delay. It is 100% true. But it is not easy to get them to issue such a letter.

are you saying that I am not allowed to re-apply with new evidence? i.e. fully new application..?

Well yes as you are the last poster in the thread

I was referring to documents to submit if you had exercised the AR option if you were given this option.

When does your tier 2 visa expire?

[Camilla C]

My Tier 2 expires on 8 Aug 2018.

I was given the option, but I didn't exercise it. Because I didn't have much hope for help from my employer's HR and I had no idea about the law forbidding to extend Tier 2 for more than 6 years. The immigration solicitor - the contractor of my employer - told neither me nor my employer of this law and when I kept raising the 4 day delay issue, they said {wrote!} "that's not a problem at all, you'll just need to apply a few months later". That's why I applied for ILR without any supporting/explaining cover letter and with no solicitor.
Little did I know..

And then I took my rejection and got really sad thinking of yet another 5 years on Tier 2.
And again, little did I know........

By accident I learnt about this new law about 6 years on T2 on this forum. The AR period had long expired.

[newjoiner86]

My Tier 2 expires on 8 Aug 2018.

I was given the option, but I didn't exercise it. Because I didn't have much hope for help from my employer's HR and I had no idea about the law forbidding to extend Tier 2 for more than 6 years. The immigration solicitor - the contractor of my employer - told neither me nor my employer of this law and when I kept raising the 4 day delay issue, they said {wrote!} "that's not a problem at all, you'll just need to apply a few months later". That's why I applied for ILR without any supporting/explaining cover letter and with no solicitor.
Little did I know..

And then I took my rejection and got really sad thinking of yet another 5 years on Tier 2.
And again, little did I know........

By accident I learnt about this new law about 6 years on T2 on this forum. The AR period had long expired.

In my humble opinion, even if you get the HR letter explaining the situation that the delay was not your fault, it still wouldn't allow the caseworker to exercise a discretion as they don't really care who's fault was it.

Having said that, a cover letter and preferably a doctor's letter which can show you were unfit for work for a week or so which led to the delay might actually work. As far as I'm aware they're only allowed to exercise discretion on medical grounds or possibly some exceptional family related matters.

You can still apply for a new application any time until your current visa is still valid. But obviously, you need to find a compelling reason to be successful.

[CR001]

Having said that, a cover letter and preferably a doctor's letter which can show you were unfit for work for a week or so which led to the delay might actually work. As far as I'm aware they're only allowed to exercise discretion on medical grounds or possibly some exceptional family related matters.

You can still apply for a new application any time until your current visa is still valid. But obviously, you need to find a compelling reason to be successful.

I honestly hope that you are not suggesting that the OP fabricate a 'reason' to 'excuse' the 69 day gap??

HO now has the record of ILR and refusal and will cross check and the history of the CoS issued etc. If the OP suddenly presents some 'exceptional circumstance' and a 'doctors letter' from a couple of years ago and HO find out they are false, that is a refusal based on deception and a possible ban from the UK.

[newjoiner86]

Having said that, a cover letter and preferably a doctor's letter which can show you were unfit for work for a week or so which led to the delay might actually work. As far as I'm aware they're only allowed to exercise discretion on medical grounds or possibly some exceptional family related matters.

You can still apply for a new application any time until your current visa is still valid. But obviously, you need to find a compelling reason to be successful.

I honestly hope that you are not suggesting that the OP fabricate a 'reason' to 'excuse' the 69 day gap??

HO now has the record of ILR and refusal and will cross check and the history of the CoS issued etc. If the OP suddenly presents some 'exceptional circumstance' and a 'doctors letter' from a couple of years ago and HO find out they are false, that is a refusal based on deception and a possible ban from the UK.

Not at all! I'm not suggesting to fabricate anything. My point is only to highlight that if by any chance the OP happened to see a doctor during those 69 days, there's a much better chance and hope in re-applying instead of an HR letter in which the employer takes the blame for the delay.

The reason why I think a medical reason is more compelling because we have an example right here on this forum where the member was rejected in his first application but applied again with a cover letter from the solicitor and a GPs letter.

The OP has an official gap of 4 days only, even a minor cold takes that many days to recover. It's just my opinion, obviously the OP is aware of his/her situation much better.

[newjoiner86]

Additionally, it's not too difficult to obtain all your medical records including any visits, treatments, prescriptions etc. Some surgeries can provide this data online if you're registered with them whereas others need a request letter in person. So even if the OP can't accurately remember, it can be requested from the GP/surgery to check

[Camilla C]

Would anyone know of successful applications AFTER refusal over 245AAA(b), i.e. more than 60 days b/w jobs?

[Camilla C]

I got my ILR approved today! Maybe I am the first one after 245AAA(b) was removed

[Camilla C]

Just thought that ppl with the "more than 60 days b/w jobs" problem would be interested to learn this:

I had 64 days b/w jobs in 2016. And in Oct 2017 I was refused ILR because of it.
The change in the rules (in power from 11 Jan 2018) included removal of the Maximum 60 days b/t jobs requirement.

I applied again. But with a Solicitor this time. We attached a cover letter from her where it was carefully explained that following the removal of 245AAA(b) I became eligible for ILR again.

And last week I WAS indeed granted ILR on a premium service appointment in Croydon. No questions asked.
(I of course made sure that the rest of my application was perfect, because we expected serious scrutiny after the initial refusal).

I might be the first one to get ILR following removal of 245AAA(b).

Good luck!

[seghamega]

@Camilla C could you please provide details of the immigration solicitor you used for your ILR application? I'm in a similar situation.

When was your last CoS issued as there is confusion about the 245AAA (b) removal being valid for CoS issued after 11 January 2018.

Thanks in advance.

[CR001]

@Camilla C could you please provide details of the immigration solicitor you used for your ILR application? I'm in a similar situation.

When was your last CoS issued as there is confusion about the 245AAA (b) removal being valid for CoS issued after 11 January 2018.

Thanks in advance.

Members are not permitted to post names or details of solicitors on the forum.

Also, note that the user 'Camilla C' has been successful with ILR.

[seghamega]

Thanks, I'm new on the forum.

Is there a way to send private message to members via the forum message system?

I tried doing this and it says I'm not authorised to.

Could you please advise.

Thanks.

[CR001]

Thanks, I'm new on the forum.

Is there a way to send private message to members via the forum message system?

I tried doing this and it says I'm not authorised to.

Could you please advise.

Thanks.

Newly registered members don't have the privilege of the PM function yet as it has been abused in the past by members registering and sending unsolicited PMs to members.

You need 30 genuine posts before the PM function activates. Any nonsense posts simply to increase post count will be deleted and the PM function disabled permanently. Same for sending unsolicited PMs to members

You should start your own topic with your circumstances and questions on the public forum so that all may contribute advice and any incorrect advice can be corrected.

Member 'Camilla C' also works for a large international MNC so likely it is solicitors linked to her employer.