Indefinite leave to remain rejected + Tier 2 visa Expired!

[prabhjot]

Can somebody please help me urgently!!

I had applied for an Indefinite leave to remain in August 2018. While awaiting its decision, the tier 2 visa that I was on expired (expiry was end of August 2018). I have just found out that my IRL has been rejected.

I now stand with a rejected IRL and an expired tier 2 visa since September 2018.

What are my options now?

Please PLease HELP!!

[aman90]

Can somebody please help me urgently!!

I had applied for an Indefinite leave to remain in August 2018. While awaiting its decision, the tier 2 visa that I was on expired (expiry was end of August 2018). I have just found out that my IRL has been rejected.

I now stand with a rejected IRL and an expired tier 2 visa since September 2018.

What are my options now?

Please PLease HELP!!

Specifics please!
Date on refusal letter?
Options given by HO? Appeal or AR?
Reason for refusal?

[prabhjot]

Hi, Date of refusal 1st March.
Options given are either appeal within 14 days.
They have also mentioned that if there is reason for you to remain, you must make an application to remain.

The grounds for refusal were that the number of days i was outside UK were more than 540 over the last 10 years.

However, since my application in August, I have stayed in the UK continuously to this day, which is roughly 8 months now, so even that should be covered.

I dont know if I should appeal, or apply for a new tier 2 visa (they still havent returned my passport) or if I should make a new ILR application. PLEASE HELP

[prabhjot]

CONTINUATION
Date of refusal 1st March.
Options given are either appeal within 14 days.
They have also mentioned that if there is reason for you to remain, you must make an application to remain.

The grounds for refusal were that the number of days i was outside UK were more than 540 over the last 10 years.

However, since my application in August, I have stayed in the UK continuously to this day, which is roughly 8 months now, so even that should be covered.

I dont know if I should appeal, or apply for a new tier 2 visa (they still havent returned my passport) or if I should make a new ILR application. PLEASE HELP

[Frontier Mole]

The fastest safest route is to extend your Tier 2 if your employer is willing to do that. That gets you the time to make up your valid period of stay for 10 years and / or work to tier 2 5 year route.
You have to get your tier 2 extension in before your appeal period ends or go for AR to give a little more time to sort out your tier 2 application.

The AR will fail as it based on the information at the time of application and not the position as of today’s date.

[zimba]

You NEED TO STOP spamming all over this sub forum with your posts.
You MUST stick to this post ONLY or you'll access to the forum will be terminated

[prabhjot]

thank you so much for the reply zimba.

That is exactly what i am planning to do.

But i still havent received my passport back from them so that is really stressing me out. What should i do?

[prabhjot]

The fastest safest route is to extend your Tier 2 if your employer is willing to do that. That gets you the time to make up your valid period of stay for 10 years and / or work to tier 2 5 year route.
You have to get your tier 2 extension in before your appeal period ends or go for AR to give a little more time to sort out your tier 2 application.

The AR will fail as it based on the information at the time of application and not the position as of today’s date.

Thank you! This is really helpful. This is what i was planning on doing.

However my passport is still not back.

On the letter is tells me to contact the Home Office Returns Team if i need help with my return, with the cost of tickets, and help to obtain my travel document.

Does this mean that I have to contact these people to get my passport? I am worried about contact the Returns people as I feel they may only give me my passport back when i am getting sent out of the country.

Meanwhile I have already started requesting tbe sponsorship from my employers.

Thanks!!

[CR001]

Unlikely you will get your passport back as you have no valid visa. HO would normally return it to you if and when you notify them you are leaving the UK and you get it at the airport.

If you submit another application, you need to write a cover note that your passport is already with the SET LR department.

[prabhjot]

Unlikely you will get your passport back as you have no valid visa. HO would normally return it to you if and when you notify them you are leaving the UK and you get it at the airport.

If you submit another application, you need to write a cover note that your passport is already with the SET LR department.

So my tier 2 visa should be extended or shall i re apply for a new one. Also this is still a possibility right even though I will not be able to submit an application with my passport??

Thanks for the help. I am really really stressed out

[CR001]

Your 'tier 2' won't be extended automatically if that is what you mean.

You have to submit an application and explain.

What is your total absence in the last 10 years and the exact wording of the refusal?

Did you have any absence of 180 days or more in one go?

[prabhjot]

Your 'tier 2' won't be extended automatically if that is what you mean.

You have to submit an application and explain.

What is your total absence in the last 10 years and the exact wording of the refusal?

Did you have any absence of 180 days or more in one go?

No absences over 180 days. I had absence of 676 days but their limit is 540. But this was up until the 22nd of August when my application was submitted. Now ive been in the country continuously for the last 8 months and im sure that gap must have been filled in enough, but they still rejected it.

That was their main reason of refusal.

[CR001]

Your 'tier 2' won't be extended automatically if that is what you mean.

You have to submit an application and explain.

What is your total absence in the last 10 years and the exact wording of the refusal?

Did you have any absence of 180 days or more in one go?

No absences over 180 days. I had absence of 676 days but their limit is 540. But this was up until the 22nd of August when my application was submitted. Now ive been in the country continuously for the last 8 months and im sure that gap must have been filled in enough, but they still rejected it.

That was their main reason of refusal.

Usually prudent to check BEFORE applying that you meet the requirements for Long Residence. There is virtually no discretion on the absence limit rule.

[prabhjot]

Do you have any advise for when I apply for my tier 2 visa now. Should i go through a solicitor? Where should i make a note that I do not have a passport with me.

Are there potential areas where I have to be careful?

I am a doctor for the NHS, and mainly my absences are from when i used to travel home during medical school for vacation.

Also you mentioned something about going to the AR to get an extension on the 14 days. What does that entail?

[prabhjot]

Your 'tier 2' won't be extended automatically if that is what you mean.

You have to submit an application and explain.

What is your total absence in the last 10 years and the exact wording of the refusal?

Did you have any absence of 180 days or more in one go?

No absences over 180 days. I had absence of 676 days but their limit is 540. But this was up until the 22nd of August when my application was submitted. Now ive been in the country continuously for the last 8 months and im sure that gap must have been filled in enough, but they still rejected it.

That was their main reason of refusal.

Usually prudent to check BEFORE applying that you meet the requirements for Long Residence. There is virtually no discretion on the absence limit rule.

I know, but I was under the impression that if the long absences are in the start of the period, then they may be overlooked as for the past 6/7 years I have barely spent more than 30 days in a year outside the UK. I thought they would understand why the absences are long when I was a student.

I have lived in the UK for 11 years and am a hardworking doctor. I really dont want to leave the country. Do you think that the tier 2 visa option will work for me?

[prabhjot]

Sorry my mistake, I got confused. Someone else had suggested to go for AR, meaning appeal just to get more time to sort out tier 2 visa application even though appeal will fail most likely. Sorry!

Thanks everyone for help so far!

[aman90]

Ur a doctor.. stop stressing.. something will work out. Keep it for the hospital.
What’s ur immigration history? You can be on tier 2 for 5 years and 14 days or so..

[prabhjot]

I was on a tier 4 student visa for 8 years and tier 2 visa for 3 years.

I am stressed because of the 14 day period they have given me.

I have emailed the hospital now and they will let me know what happens next. I will keep you all informed.

Thank you ever so much

[prabhjot]

the whole scenario is so sad because by now i have completed my 10 year period with less than 540 day stay, and I am a hardworking, tax paying citizen, a government employee serving the public as an NHS doctor.

And now i only have a few days to somehow get a tier 2 visa. Otherwise they will kick me out

[aman90]

So buy urself time till you can figure the next move.. the guidance mentions absences in beginning of year.. and the fact you were probably eligible by the decision (were you? Go back 10 years from decision and count absences) and raise the issue of what a model person you are.. as per guidance..

[prabhjot]

so are you saying i should do an appeal?

[CR001]

so are you saying i should do an appeal?

An appeal will extend your expired visa conditions under Section 3C of the immigration rules.

[prabhjot]

Ok once again thank you so much. That can be a last resort for me in case it takes them too long to arrange for a sponsorship letter for me from the hospital. My 14 day count started on the 1st of March, so i dont have long left. Hopefully my hospital doesnt take too long to arrange things.

[prabhjot]

and i presume it would be ok to apply for a tier 2 visa whilst i await the result of the appeal? Can i send in the appeal, and then the tier 2 visa application shortly after?

Also how long does the appeal verdict typically take to come through?

I seriously cannot thank you guys enough

[CR001]

and i presume it would be ok to apply for a tier 2 visa whilst i await the result of the appeal? Can i send in the appeal, and then the tier 2 visa application shortly after?

Also how long does the appeal verdict typically take to come through?

I seriously cannot thank you guys enough

You would have to withdraw your appeal before you can submit a new application.

Appeals can take many months.