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ILR Advice_urgent please

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, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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NovaNomad789
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ILR Advice_urgent please

Post by NovaNomad789 » Mon Jul 01, 2024 11:57 am

I am an immigrant from a war-torn country. I have been studying in the UK since 2016. My country went to war a few years ago making it unsafe to return. I recently graduated with a PhD from a UK university on a scholarship and hold a temporary 'graduate visa' valid until next year. I was laid off 8 months ago from my first job and have been unemployed since (due to PhD being niched and many jobs not wanting to offer a work visa when my current visa ends).

I am unsure whether to apply for the 10-year ILR route next year or seek asylum. I have broken the continuous leave rule due to my research (which was abroad), war and multiple bereavements in the family who are all in my home country. I've broken it once only I think. I thought I couldn't apply for the 10-year route. I considered seeking asylum as a last resort (my visa is still valid until end of 2025). I'm wondering if you have any practical advice for my situation.

Any advice on switching to Tier 2 for a year and applying for ILR in 2026 with an explanation on why I have broken the continuous leave on compassionate grounds? Should I get a lawyer? If so any recommendations?

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zimba
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Re: ILR Advice_urgent please

Post by zimba » Mon Jul 01, 2024 3:28 pm

There is no easy path to ILR as you imagine it. The long residence does not allow long absences from the UK and given that ILR is not an entitlement, there is very little room for discretion and such discretion is unlikely to be exercised. You may try in 2026 but the risk of refusal is high. Lawyers cannot magically wave this risk away or make it possible to get ILR when you normally fail to qualify.

Tier 2 route does not exist, it is now the skilled worker route. I suggest moving to an appropriate visa route like the skilled worker route if you can secure a sponsor as you still have visa time left or seek asylum based on your circumstances. Note that the skilled worker route still limits you to work for your sponsor, so bear that in mind.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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