5 replies to this topic

[nstrivedi80]

Hi
I am on Tier 1 General migrant visa initially HSMP visa. My visa expires in January 2013 and i should be able to finish my 5 years. As per the law, I should be eligible for ILR. However, I have certain issue with my last extension.
In 2010 i had applied for Tier 1 extension by post and it was been rejected and sent back saying i could could not show enough fund maintenance. i.e. my balance went down to less than £800 for few days. I reapplied by post through an immigration consultant and got my visa extended. But when i had reapplied my original visa was expired and i was staying in UK without any status. I have been told that there is a 28 days of grace period within which you can reapply. Please see the details below and let me know if can still apply for ILR or do i need to extend my Tier 1 once again.

Tier 1 expiry: 30th November 2010.
Received rejected application: 02th Dec 2010
Reapplied for Tier 1 extension through post: 10th Dec 2010
Home office took payment on 15th Dec 2010.
Tier 1 3 year extension received on January 2013.

[Victoria]

Was the original application rejected or refused?

[nstrivedi80]

It was rejected

[Victoria]

That's interesting.  It would normally be refused.  I think I'd have to see the paperwork to see what happened.

So you got a full refund of the fees?

[nstrivedi80]

Then i think it might be refused. No i didnt get any refund. I reapplied and they again took the payment and extended my visa.

[Victoria]

Then it was a refusal, not a rejection, and this is almost certainly not continuous leave. You need legal assistance with the ILR application.