ILR Rejection and Tier 1 (G) Extension

[samriti2u]

I'd applied for ILR postal application in Oct, 2012 and haven't heard from UKBA since then.

My Current Tier-1 Visa expires soon and UKBA is not able to give any time frame for a decision on my ILR application. Can you please answer my following queries regarding this? -

a) Can I apply for a Tier-1 (G) extension before my existing leave as Tier(G) expires while my application for ILR is under process?

b) If a decision is made to reject my ILR application before expiry of existing leave as Tier-1 (G), will my Tier-1 visa still remain valid until its expiry or will it become invalid from the day ILR is refused?

c) If existing visa still remain valid after Ilr refusal, will I be entitled to apply for Tier-1 (G) extension ?

I would appreciate if you could help me on above queries.

Thanks!

[samriti2u]

Hi,

Can a senior member answer my queries, please?

Cheers!

[UKBALoveStory]

I'd applied for ILR postal application in Oct, 2012 and haven't heard from UKBA since then.

My Current Tier-1 Visa expires soon and UKBA is not able to give any time frame for a decision on my ILR application. Can you please answer my following queries regarding this? -

a) Can I apply for a Tier-1 (G) extension before my existing leave as Tier(G) expires while my application for ILR is under process?

Why you want to do that? You will continue your status until UKBA give you any decision even if your current leave to remain expires

b) If a decision is made to reject my ILR application before expiry of existing leave as Tier-1 (G), will my Tier-1 visa still remain valid until its expiry or will it become invalid from the day ILR is refused?

Yes.

c) If existing visa still remain valid after Ilr refusal, will I be entitled to apply for Tier-1 (G) extension ?

Yes.

I would appreciate if you could help me on above queries.

Thanks!

[barker]

Hi Samriti2u,

1 - Your current leave to remain is valid till such time you receive a decision on your application. So even if it is received after your current leave expires you will not be considered an overstayer, so you do not need to apply for an extension

2 - If it is rejected and you have leave to remain in the country under Tier 1, it will continue till the original expiry date.

3 - You can still apply for an extention providing you meet all requirements

[samriti2u]

Thanks Tahirnaveed & Barker for the clarification.

(1) I agree that I'll not be an will not be considered an over stayer if my application for ILR is approved after expiry of existing Tier-1 visa but what if my ILR is rejected after my existing leave has expired?

I'll not be able to apply of Tier-1(G) in that situation. Am I right? If not, please correct me.

Yes, they'll give me right to appeal but again there is a risk involved.

[UKBALoveStory]

Thanks Tahirnaveed & Barker for the clarification.

(1) I agree that I'll not be an will not be considered an over stayer if my application for ILR is approved after expiry of existing Tier-1 visa but what if my ILR is rejected after my existing leave has expired?

I'll not be able to apply of Tier-1(G) in that situation. Am I right? If not, please correct me.

Yes, they'll give me right to appeal but again there is a risk involved.

If it is rejected and your existing Tier 1 is already expired you will be given appeal right.

you can also apply for Tier 1 extension within 28 days (I think).

Lastly don't worry 2 much about negative outcome, think positive