Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU
Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix
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FMB22
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- Joined: Sat Feb 16, 2013 1:20 pm
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by FMB22 » Sat Feb 16, 2013 2:19 pm
Request to senior members for reply and advise regarding my query.
my status details are as following.
switched from student to Religious Worker (Minister of Religion) 1st Dec 2008 till 1st Dec 2009 under old rules.
Applied for extension as Tier2 Minster of Religion without COS as My employer was waiting for Employer licence but employer requested to caseworker to hold the decision on my application untill they issue COS to me as their application for licence was under process but case worker refused leave to remain within 4 weeks and did,t hold his decission on my application. After 10 days of refusal my employer was granted licence by UKBA and COS was issued to me accordingly.
I appealed as right was given by caseworker. I submitted my COS to UKBA and tribunal before hearing. While hearing UKBA Representative told to judge that her line manager told her that UKBA has not any objection since appellant has been issued COS but Judge disdmissed appeal and mentioned in decision that at the time of application appellant had not COS.
I consulted to solicitor after dissmissel of appeal and he advised you should reapply rather than appeal in upper tribunal if ukba has not any objection as their representativ mentioned while hearing. I submitted fresh application form on the day when i had last day of leave under sec 3C. UKBA granted leave to remain after 33 days. These 33 days were spent under consideration/process of application but I had not any leave while this period because Leave under Sec 3C was not extended as this was second fresh application.
Recently I got another extension of same Tier2 Minster of Religion till march 2016 but my 5 years period is completing in November 2013.
I want to know is this straight forward case or any complication. If any issue then which kind of discrition could be exercised?
Which PEO will be better to use for ILR in Nov 13?
or should be applied through post?
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FMB22
- Newbie
- Posts: 48
- Joined: Sat Feb 16, 2013 1:20 pm
Post
by FMB22 » Sun Feb 17, 2013 3:08 am
Dear Friends
I am looking for advice regarding ILR.
Details are as following.
Work Permit. Dec 2008 till Dec 2009
Extension applied in Nov 2009 which refused and extension of leave started under Sec 3C as appeal right was given and appeal submitted well in time.Appeal dissmissed and appeal right was given to appeal in upper tier tribunal.
On 9th March 2010 last day of leave under sec 3C Re applied for leave to remain as Tier2 migrant and was granted by UKBA after 33 days. These 33 days were processing time.
I got another extension Under Tier2 recently till March 2016.
I want to know is this straight forward case?
when I reapplied from that date till decission date there are 33 days. are these will be considered as overstayer or this period will be dissregarded for ILR purpose?
While this period (33 days) i had not leave under sec 3c as this was second application. when I will be eligible to apply for ILR?
please give me advice and qoute any relevant case.
Regards
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vinny
- Moderator
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- Joined: Tue Sep 25, 2007 8:58 pm
Post
by vinny » Sun Feb 17, 2013 3:38 am
FMB22 wrote:Dear Friends I am looking for advice regarding ILR. Details are as following.
Work Permit. Dec 2008 till Dec 2009 Extension applied in Nov 2009 which refused and extension of leave started under Sec 3C as appeal right was given and appeal submitted well in time.Appeal dissmissed and appeal right was given to appeal in upper tier tribunal.
On 9th March 2010 last day of leave under sec 3C Re applied for leave to remain as Tier2 migrant and was granted by UKBA after 33 days. These 33 days were processing time.
I got another extension Under Tier2 recently till March 2016.
I want to know is this straight forward case?
when I reapplied from that date till decission date there are 33 days.
are these will be considered as overstayer or this period will be dissregarded for ILR purpose?
While this period (33 days) i had not leave under sec 3c as this was second application. when I will be eligible to apply for ILR?
please give me advice and qoute any relevant case.
Regards
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FMB22
- Newbie
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- Joined: Sat Feb 16, 2013 1:20 pm
Post
by FMB22 » Sun Feb 17, 2013 8:55 am
Thanks vinny
I tried to explain my circumstances in two different posts.I think some information was missed in first post.
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FMB22
- Newbie
- Posts: 48
- Joined: Sat Feb 16, 2013 1:20 pm
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by FMB22 » Mon Feb 18, 2013 11:53 am
Waiting for advice from senier members.