New successful case for an Indefinite Leave to Remain (ILR), based on Tier 1 General where the absences limits of 180 days were not met (yet it has been approved).

By 1st 4Immigration - #1 UK Immigration Experts -
"Dear Natalia, we both owe you and your helpers a big thank you for all the work you put into our visa application.  Without your skilful arguments, I doubt if we would have made it, and then we would have problems.  Fortunately, it is all history now."

This came from Charles, an American national who we helped to secure an ILR, together with his Brazilian wife as a dependant. In this case Charles, the main applicant, had a Tier 1 General visa, then an extension (extension was also through us in 2012). Normally, it would be the time to apply for an ILR – after 5 years. However, the main applicant had to work in the Middle East for most of the last 2 years, so there was a problem of absences, ie being over the 180 days limit (180 days per year). That limit has been exceeded by quite a lot. Our client’s wife had a Tier 1 Dependant visa.

Normally, we would have said No. However, in this case we felt it was taking a risk and applied for an ILR. We ticked both boxes – based on Tier 1 General and Other.

Other was important because of the length of residency in the UK (over 20 years) and because of the contribution to the country. Our client, a university professor, has worked for a UK university for several years and still continues to be invited for lectures or consultancy work all over the world, from Australia to the Middle East, Europe and Asia. We have provided evidence of al l the above (it was a very thick file!). We also added evidence of families, of both spouses, living in the UK and Europe.

You may wonder why our client has not had an ILR earlier, after at least 20 years in the UK? The answer is he did. An ILR was issued in the 1990s. It was ‘lost’ when the applicant left the UK for more than 2 years to work in Australia. Unfortunately, many ILR holders are not aware of this rule. as a result, our client started in the Tier 1 General rule all over again in 2009.

Fortunately, it has all worked out! There was an element of discretion and hoping for the best, however, with such a strong case we felt it was worth taking the risk. We explained the client all the risks and once decision has been made, we worked on the case.

Our client’s spouse was also granted an ILR, after having a Tier 1 Dependant visa for 5 years (although 2 years would have been sufficient).

For an individual advice or to make your application as successful please contact us: info@1st4immigration.com or visit www.1st4immigration.com

 
If you are an Immigration Adviser or a Solicitor please visit our immigration Training and CPD website: www.1st4immigration.com/training

 

 

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