Need Help regarding ILR [Tier 1 E – Tier 2 (Gen) – ILR]

[Harry11]

Dear members,
I need your expert advice regarding ILR application.

Please see my immigration history below:

Tier 4 (General) Student visa – Granted leave to enter the UK on 05/10/2009 until 28/06/2011 (I came to UK 11/10/2009)
Tier 1 (PSW) visa – Granted leave to remain in the UK on 27/05/2011 until 27/05/2013
Made Tier 1 (Entrepreneur) visa application on 24/05/2013 (In-time); refused application on 24/06/2013 due to 1 day short in maintenance fund statement. At that time Home Office had given me appeal rights but I choose to make new application.
Made Tier 1 (Entrepreneur) visa application again on 13/07/2013 with enough evidence of maintenance fund
Home office granted Tier 1 (Entrepreneur) leave to remain in the UK on 29/11/2013 until 29/11/2016.
Made Tier 1 (Entrepreneur) extension visa application on 11/11/2016 (In-time)
Home office rejected Tier 1 (Entrepreneur) extension on 28/11/2017 (received on 01/12/2017) due to interview.
Applied for Administrative review on 14/12/2017 (within 14 days of receiving rejection letter)
Home office maintained their original decision and rejected administrative review on 06/01/2018(received on 09/01/2018) and they had given me option to make a new application or leave the country within 14 days of receiving administrative review decision.
Made Tier 2 (General) visa application at Premium Service Centre on 22/01/2018 (within 14 days) and same day they approved visa until 14/02/2021

Please see my wife’s immigration history below:

Granted PBS dependant leave to enter the UK on 05/08/2015 until 29/11/2016
Made PBS dependant visa application with me on 11/11/2016 (In-time)
Home office rejected PBS dependant visa on 28/11/2017 (received on 01/12/2017) due to main applicant rejection.
Applied for Administrative review on 14/12/2017 (within 14 days of receiving rejection letter)
Home office maintained their original decision and rejected administrative review on 06/01/2018(received on 09/01/2018)
Made PBS dependant application of Tier 2 (General) at Premium Service Centre on 22/01/2018 (within 14 days) and same day they approved visa until 14/02/2021

My questions are:

Did I ever break continuous residence law for ILR? Still am I eligible for ILR or not?
When I will be eligible for ILR?
Can I apply based on 5 years rules (combination for Tier 2-General and Tier 1 Entrepreneur) and when I will be eligible for that?
What documents required based on for 5 years rules (I know salary criteria, life in the UK and English Language) what about Tier 1 Entrepreneur – did I need to show any documents for that?
What will be the impact on my dependant’s visa? When she will be eligible for ILR?
Thank you.

[zimba]

Did I ever break continuous residence law for ILR? Still am I eligible for ILR or not?

You can apply for ILR as time spent as Tier 1E migrant counts towards ILR under Tier 2 General

When I will be eligible for ILR?

November 2018

Can I apply based on 5 years rules (combination for Tier 2-General and Tier 1 Entrepreneur) and when I will be eligible for that?

Yes

What documents required based on for 5 years rules (I know salary criteria, life in the UK and English Language) what about Tier 1 Entrepreneur – did I need to show any documents for that?

Nothing specific. They might ask to prove the investment made during Tier 1E period

What will be the impact on my dependant’s visa? When she will be eligible for ILR?

She needs 5 years on PBS dependat visa to be eligible. That will be in 2020

[Harry11]

Hi Zimba88,

Thank you so much for the prompt response.

I have more questions regarding my ILR.
Am I still eligible based on 10 years long residency rules and I have not broken continuous leave since 11/10/2009?

If I am eligible and I go for ILR based on 10 years rules then what will be my wife's status?

Thank you.

[zimba]

You can apply for SET(LR) too however your wife has to switch to FLR(M) which means her ILR clock will be reset to zero. So I suggest to apply via the 5 year route where your wife can remain on PBS visa until her ILR

[Harry11]

Thank you so much Zimba88 for your advice. You are very kind.
First I will go for 5 years route but just in case if anything goes wrong then I am looking for second option as well.

My solicitor was telling me I am not eligible based on 10 years long residency route. He said I have broken continuous leave when first time I applied for Tier 1 (Entrepreneur) visa and it got rejected. He said : your PSW leave to remain was until 27/05/2013. After that In-time application made for T1E and it got rejected (on 24/06/2013) and I became over-stayer since then until my second application granted on 29/11/2013. He said total period between 27/05/2013 (my previous leave to remain) to next new leave to remain 29/11/2013 is more than 180 days so you won't be eligible for ILR based on 10 years long residency.

Zimba88 can you please provide me reference based on immigration rules which says I am also eligible for ILR based on 10 years long residency.

[venkata11]

Did I ever break continuous residence law for ILR? Still am I eligible for ILR or not?

You can apply for ILR as time spent as Tier 1E migrant counts towards ILR under Tier 2 General

When I will be eligible for ILR?

November 2018

Can I apply based on 5 years rules (combination for Tier 2-General and Tier 1 Entrepreneur) and when I will be eligible for that?

Yes

What documents required based on for 5 years rules (I know salary criteria, life in the UK and English Language) what about Tier 1 Entrepreneur – did I need to show any documents for that?

Nothing specific.

They might ask to prove the investment made during Tier 1E period

Hi zimba88,

Thanks for your reply regarding investment during tier1 entrepreneur visa.

Could you please provide me the home office guidance link where we need to prove investment during tier1 entrepreneur visa duration when someone is applying for ILR on tier 2 general followed by tier 1 entrepreneur visa.

What will be the impact on my dependant’s visa? When she will be eligible for ILR?

She needs 5 years on PBS dependat visa to be eligible. That will be in 2020

[zimba]

Thank you so much Zimba88 for your advice. You are very kind.
First I will go for 5 years route but just in case if anything goes wrong then I am looking for second option as well.

My solicitor was telling me I am not eligible based on 10 years long residency route. He said I have broken continuous leave when first time I applied for Tier 1 (Entrepreneur) visa and it got rejected. He said : your PSW leave to remain was until 27/05/2013. After that In-time application made for T1E and it got rejected (on 24/06/2013) and I became over-stayer since then until my second application granted on 29/11/2013. He said total period between 27/05/2013 (my previous leave to remain) to next new leave to remain 29/11/2013 is more than 180 days so you won't be eligible for ILR based on 10 years long residency.

Zimba88 can you please provide me reference based on immigration rules which says I am also eligible for ILR based on 10 years long residency.

See 39E immigration rules

[Harry11]

Hi Zimba88

Thank you so much for your time and providing me reference for Immigration rules.

I spoke to solicitor about 39E and he is saying it is only applicable for current period of overstaying and after 24 November 2016.

He is saying to me that as per 276B(v):
the applicant must not be in the UK in breach of immigration laws, except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded. Any previous period of overstaying between periods of leave will also be disregarded where –
(a) the previous application was made before 24 November 2016 and within 28 days of the expiry of leave; or
(b) the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied.

He is saying my PSW expiry date was 25/05/2013 and my In-time T1E application got rejected (24/06/2013) and when I made second application for T1E (13/07/2013) I made it more than 28 days after expiry date of PSW visa (25/05/2013).

He is really confusing me this. Here you take original expiry date or date of Section 3C expiry date! can you please advise me on this. Can you please also confirm when my section 3c expiried when I made first T1E initial application.

I read it somewhere that if you overstayed in the past while your application is pending and following grant of leave to remain then those period would be disregarded. if you can provide me reference for that I am not able to find that one now.

Once again Thank you so much Zimba88 for your time.

[zimba]

No. It is clear that 39E applies to all periods of overstaying.
As your T1E was made in-time, your PSW leave was extended under Section 3C until refusal on 24/06/2013 (technically two business working days after this), so you in fact made an application within 28 days of your leave expiring and it was successful. Such a period should be ignored for ILR

[venkata11]

Hi zimba88,

Thanks for your reply regarding investment during tier1 entrepreneur visa.

Could you please provide me the home office guidance link where we need to prove investment during tier1 entrepreneur visa duration when someone is applying for ILR on tier 2 general followed by tier 1 entrepreneur visa.

[zimba]

You do not need to show evidence of investment, It might be asked if you have not shown your investment before

[addocap]

...Made Tier 2 (General) visa application at Premium Service Centre on 22/01/2018 (within 14 days) and same day they approved visa until 14/02/2021

I'm glad all worked out ok for you. I'm curious about your Premium Service Centre experience - was there any issue booking although the current visa had expired and presumably your section 3c was either in affect or had passed?

[indiancitizen]

Hello guys,

Tier 1 E + Tier 2 5 years ILR APPROVED !

Hear is my story :
3 years on student/psw visa (this is discounted for ILR but still..)

3 years on Tier 1 E
Extension rejected for couple of clerical mistakes.
Admin Review raised with in 14 days (to buy time more than anything else)
Fresh application raised while admin review running..
Waited for 5 months before I was Interviewed for Tier 1 E genuineness .
Varied my application to Tier 2 (Same day service), but no decision on same day.
Took almost 2 months before tier 2 was approved.

Now I applied for ILR, combining 3 Years on Tier 1 E and 1 year on Tier 2 (technically 5 years, but i was not on a visa for 8 months in between)

I submitted all the Tier 2 docs + proof of investment and job creation from Tier 1 E period.
Once the bio-metric was taken , for my surprise it took just 50 minutes by the case worker to process the application.
No question asked about Tier 1 E period.

Now some important points:

1), It was lack of commitment and responsibility from my side which resulted in my Tier 1 E extension rejection. The so called immigration advisers/Solicitors I worked at that period knew literally nothing about Tier 1 E extensions. But obviously they would act otherwise. So friends, please please do your research on the immigration laws (applicable to you) before you apply, its all available on internet. And please take complete responsibility for your applications, no point blaming your solicitor or accountant later.

2)I contacted three MPs to chase my case with Home Office (and yes i changed my address three times for this). Was completely ignored by the first two labor MPs (am a left wing believer by the way)

However the third MP i met was nothing less than an angel for me (Hint:he is also called the father of the House), he put a lot of pressure on Home Office and even asked them to return the Premium service fee I paid (which they never did of course).Needless to say the MP had no say on the decision, his effort was only helpful for jumping ahead of the Que.

If you are thinking how would I know this ? I know this because I applied for a Subject Access request about all the information Home Office holds about me and that explained lot of these things. I recommend all of you to get this request done asap, so at least you know where stand on their profiling.

3), The so called Hostile environment, I am not arguing there is no hostility on from the Home Office, but as they would argue, I think its more towards the people staying here illegally than an average personwho is making his application.

yes I felt so isolated all these years, yes i felt hard done by the Home Office, but now I realize that it was more me than them. Only if I had done my ground work on my Tier 1 E extension, I wouldn't have sat at home like looser (not even able to be with my wife (in India) when she was giving birth to my child).

So why is these applications taking ages to be processed, well I think this due to the lack of skills and knowledge and mismanagement from Home Office staff rather than the hostile environment.

I wish you all the very best with your applications, please remember the three points...

1, Prepare for your next application, months early not days or weeks . Do your ground work right. Review your application yourself against the Home Office guidelines. Also get your SAR application done early.

2, Never stop believing in whats possible, if help doesn't come from one place, try another.

3, Forget the "Hostile Environment" just do your things right, don't give the case worker a chance to find an issue, i.e comply to the guidelines. This is a great country, your hard work and honesty will be appreciated.