How to apply for ILR when Tier 2 extn in progress?

oye_rg · Post by **oye_rg** » Fri Jul 01, 2011 12:46 pm

Hi,
I am eligible for ILR but may lose it because of home office delays.

Entered UK: 24 June 2006
Continuously on WP/Tier 2 with same employer since.
Latest Tier 2 was valid until 14 June 2011. I applied for Tier 2 extn with a valid CoS in late May 2011. This application is in progress with biometric appointment on 5 July. It seems it can take upto another 4 weeks after the BRP appointment for the passports to be returned.

My employer now wants to tranfer me to India in 2 weeks time but does not mind providing me a letter for ILR if I can get ILR during these two weeks.

Thus, I am perfectly eligible for ILR but it is looking impossible.

Is there a way I can get the ILR done in these two weeks. Then I will have the option o resigning or going back with ILR?

I am happy to pay for the same day premium service but when I called home office they say if I withdraw my current Tier 2 extn application to get passports back then my previous one would be expired and it has to be valid on the day of the appointment (even though I have a valid CoS etc).

Please help me. Is there any option to save my ILR. It is so unfortunate that I lose that because of logistics even after having everything in order.

Does it matter if I resign after applying for ILR by post, as an addendum to my current tier 2 extn application? I am assuming my ILR would be rejected if I resigned because then my employer would inform the home office of the same.

sarath1212 · Post by **sarath1212** » Fri Jul 01, 2011 1:05 pm

oye_rg wrote:Hi,
I am eligible for ILR but may lose it because of home office delays.

Entered UK: 24 June 2006
Continuously on WP/Tier 2 with same employer since.
Latest Tier 2 was valid until 14 June 2011. I applied for Tier 2 extn with a valid CoS in late May 2011. This application is in progress with biometric appointment on 5 July. It seems it can take upto another 4 weeks after the BRP appointment for the passports to be returned.

My employer now wants to tranfer me to India in 2 weeks time but does not mind providing me a letter for ILR if I can get ILR during these two weeks.

Thus, I am perfectly eligible for ILR but it is looking impossible.

Is there a way I can get the ILR done in these two weeks. Then I will have the option o resigning or going back with ILR?

I am happy to pay for the same day premium service but when I called home office they say if I withdraw my current Tier 2 extn application to get passports back then my previous one would be expired and it has to be valid on the day of the appointment (even though I have a valid CoS etc).

Please help me. Is there any option to save my ILR. It is so unfortunate that I lose that because of logistics even after having everything in order.

Does it matter if I resign after applying for ILR by post, as an addendum to my current tier 2 extn application? I am assuming my ILR would be rejected if I resigned because then my employer would inform the home office of the same.

Is there any reason why you have applied for T2 extn instead of applying for ILR? Considering the 28 days period you're technically eligible to apply the ILR from 27th of May 2011.

oye_rg · Post by **oye_rg** » Fri Jul 01, 2011 1:12 pm

No there is no reason except bad luck. I had no clue that I would be transferred and that my Tier 2 extn will take this long. If I had known I would have done what you have said. But what is done is done and I cannot change that

sarath1212 · Post by **sarath1212** » Fri Jul 01, 2011 1:20 pm

oye_rg wrote:No there is no reason except bad luck. I had no clue that I would be transferred and that my Tier 2 extn will take this long. If I had known I would have done what you have said. But what is done is done and I cannot change that

Ok, you can file a ILR application whilst your T2 extn in progress.....Hope the experts like sush or Vinny may advice how to do that.

xyz123 · Post by **xyz123** » Fri Jul 01, 2011 1:41 pm

the only way to do this is to withdraw your current application (and lose fees) and then apply for ILR. But as your case has not been decided yet, that means your visa would have expired when you get your passports back (if you withdraw your applicatin).

So what home office have told you is correct. I dont see a way out, but may be experts can confirm that. You should just find some time from your employer and wait till your application is considered. then immediately apply for ILR.

Note that usually appointments are not available urgently, unless gong through solicitor. so you may want to provisionally book an appointment for ILR now and keep chagning that if your passports are not returned.

Post by **vinny** » Fri Jul 01, 2011 1:53 pm

You may vary your T2 application (while it's undecided) to ILR.

oye_rg · Post by **oye_rg** » Fri Jul 01, 2011 1:57 pm

sarath1212 wrote:
oye_rg wrote:No there is no reason except bad luck. I had no clue that I would be transferred and that my Tier 2 extn will take this long. If I had known I would have done what you have said. But what is done is done and I cannot change that
Ok, you can file a ILR application whilst your T2 extn in progress.....Hope the experts like sush or Vinny may advice how to do that.

Thanks for this. However the issue is that if I apply for ILR by post and my employer withdraws my employment in UK my ILR would be rejected I think. Am I wrong in thinking that? Does it not matter i my employer transfers me or I resign, after my ILR is applied but before it is decided?

oye_rg · Post by **oye_rg** » Fri Jul 01, 2011 2:03 pm

xyz123 wrote:the only way to do this is to withdraw your current application (and lose fees) and then apply for ILR. But as your case has not been decided yet, that means your visa would have expired when you get your passports back (if you withdraw your applicatin).

So what home office have told you is correct. I dont see a way out, but may be experts can confirm that. You should just find some time from your employer and wait till your application is considered. then immediately apply for ILR.

Note that usually appointments are not available urgently, unless gong through solicitor. so you may want to provisionally book an appointment for ILR now and keep chagning that if your passports are not returned.

Can I not turn up at the public enquiry office for same day premium ILR appointment with the additional documents required (additional to documents already held by home office for Tier 2 application), without the passports but with references of my in-progress Tier 2 application?

What will happen then?

oye_rg · Post by **oye_rg** » Fri Jul 01, 2011 2:04 pm

vinny wrote:You may vary your T2 application (while it's undecided) to ILR.

Hi Vinny, can I vary my application in a public enquiry office same day premium service? Please also see my reply above.

xyz123 · Post by **xyz123** » Fri Jul 01, 2011 3:14 pm

oye_rg wrote: Can I not turn up at the public enquiry office for same day premium ILR appointment with the additional documents required (additional to documents already held by home office for Tier 2 application), without the passports but with references of my in-progress Tier 2 application?

What will happen then?

No you are not allowed to do so. You must have appointments to attend premium appointment. You can try to see if there are any appointments available at PEO (i am even unsure as to whether you can vary your application in person). Or you can ask a solicitor as they have more regular reserved slots. good luck.

Venk_it · Post by **Venk_it** » Fri Jul 01, 2011 3:30 pm

when did you apply for your tier2 extension? BTW ...solicitors have lots of appointments to get you a quick service for ILR if you can get the passport within these 2 weeks but a bit costly.

Post by **geriatrix** » Fri Jul 01, 2011 3:34 pm

I don't think you can use in-person service to "vary an already submitted existing application" - either by yourself or through a solicitor.

oye_rg · Post by **oye_rg** » Fri Jul 01, 2011 4:24 pm

xyz123 wrote:
oye_rg wrote: Can I not turn up at the public enquiry office for same day premium ILR appointment with the additional documents required (additional to documents already held by home office for Tier 2 application), without the passports but with references of my in-progress Tier 2 application?

What will happen then?
No you are not allowed to do so. You must have appointments to attend premium appointment. You can try to see if there are any appointments available at PEO (i am even unsure as to whether you can vary your application in person). Or you can ask a solicitor as they have more regular reserved slots. good luck.

I meant turn up after getting an appointment. Getting an appointment does not seem to be a problem, but whether i can use it to vary my application?

oye_rg · Post by **oye_rg** » Fri Jul 01, 2011 4:25 pm

sushdmehta wrote:I don't think you can use in-person service to "vary an already submitted existing application" - either by yourself or through a solicitor.

How sure are you about this because this seems to be my only option

oye_rg · Post by **oye_rg** » Fri Jul 01, 2011 4:28 pm

DOES ANYONE KNOW A WAY OF EXPEDITING A TIER2 EXTN APPLICATION.

If I write to HO asking to expedite citing urgent travel needs, etc would it have any affect?

Experts do you have ideas to expedite my tier 2 application? What reasons work, if any?

oye_rg · Post by **oye_rg** » Thu Aug 04, 2011 1:00 pm

oye_rg wrote:DOES ANYONE KNOW A WAY OF EXPEDITING A TIER2 EXTN APPLICATION.

If I write to HO asking to expedite citing urgent travel needs, etc would it have any affect?

Experts do you have ideas to expedite my tier 2 application? What reasons work, if any?

UPDATE: My ILR application finally got approved on 01 August at Croydon (see my other thread in ILR sub-forum). Thanks for all the help.

sarath1212 · Post by **sarath1212** » Thu Aug 04, 2011 1:14 pm

UPDATE: My ILR application finally got approved on 01 August at Croydon (see my other thread in ILR sub-forum). Thanks for all the help.

Congrats!

Post by **vinny** » Thu Aug 04, 2011 2:47 pm

Congratulations! Did you make a variation application?

Immigrationboards.com: Immigration, work visa and work permit discussion board

How to apply for ILR when Tier 2 extn in progress?

How to apply for ILR when Tier 2 extn in progress?

Re: How to apply for ILR when Tier 2 extn in progress?

Re: How to apply for ILR when Tier 2 extn in progress?

Re: How to apply for ILR when Tier 2 extn in progress?

Re: How to apply for ILR when Tier 2 extn in progress?