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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7620
Experience:  BA (Hons), PgDip, Practising Solicitor
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Dear Sir, I am a qualified engineer with an Indian

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Dear Sir,
I am a qualified engineer with an Indian nationality working in UK since last 5 years. I was originally on a HSMP visa which i extended in Jan 2010 and came under the category of Tier 1 General Migrant which now expires in Jan 2013. When i had first applied to extend my visa in December 2009, my application was refused on the basis of not showing enough fund. So i took the help of solicitor and reapplied providing appropriate fund in my other bank and was given a 3 year extension visa. However, when i had applied for the visa second time, my original visa had expired and was staying in UK without any status. Now according to law, i will finish my five years of Tier 1 visa and can apply for ILR. But i want to know if my stay in the UK between Dec'2009 (roughly 23rd dec; when i recieved my application back with refusal) and Jan'2010 (26 Jan, new 3 years visa granted) will affect my application for ILR ? Am i eligible to apply for ILR in Jan 2013?

Thanks for your patience.

Technically, yes, the brief period within which your visa had expired and the application was rejected is period where you did not have leave to remain in the UK. Therefore, this is a general ground for the UKBA to refuse an application for ILR.

However, you can appeal to the UKBA to exercise their discretion on the basis that it was simply and administrative oversight and that you corrected the situation as quickly as you possibly could. If you have otherwise observed the terms of your visa and are of good character then you should (should) still get ILR.

You need to be proactive about it and makes sure you disclose the situation to the UKBA and then mitigate it by submitting a personal statement describing the oversight and referring to your good character otherwise.

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Kind regards,

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