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frantzgregory
frantzgregory, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 561
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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Madam,!Most humbly and respectfully

Customer Question

Dear Sir/ Madam,
Hello!
Most humbly and respectfully ***** ***** to state that I was granted Indefinite Leave to Remain in the UK (ILR) visa in 2009. I went to India upon my father's sudden and sad demise in the same year. I lost my passport. I was busy in India sorting out a court case by the in-laws. The case got sorted out in 2015. I applied for Returning Resident visa but it was refused citing the reason that I overstayed by more than 2 years outside the UK (ILR lapsed). I came to the UK on 13th Dec'15 on Tier 2 General Category visa (BRP valid till Dec 2017) which my employer has withdrawn on 22nd Dec'15 citing the reason that references have not come in the prescribed format. Another employer has selected me on 4th Jan'16 but yet to provide me the Certificate of Sponsorship (CoS). Thereupon, I will apply for a new BRP.
In the given senario, is there any chance of restoring my Indefinite Leave to Remain in the UK visa whih was granted after 3 years of Permit free training visa and 4 years of HSMP visa and after passing Life in the UK test in 2009.
Please advise me for further steps.
Thanking you with all the regards ***** ***** wish you a very Happy New Year 2016.
Yours Sincerely,
Simon (Ajay)
Mobile:07423545586
Address:
Dr Simon Richard
C/o Mr M. Tariq Usmani,
House 329 A, Green Lane,
Ilford, Essex, London. UK.
IG3 9TL.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
Dear Nicola, Hi! Thank you for trying to help me in the given situation. I hope you and your team would solve my problem by suggesting a way to restore my lapsed ILR and advise me regarding switching to this next employer within an allowed time frame.Thanks with all the regards. Simon.
Customer: replied 1 year ago.
Dear Nicola, Hi! I never had ILE - Indefinite Leave to Enter UK. Was it for this reason I was not allowed to enter UK by refusing my Returning Resident visa when my ILR - Indefinite Leave to Remain in the UK visa which was granted in 2009 lapsed after overstaying for more than 2 years outside the UK in India and also that I had lost my passport on which ILR was documented.Now,when I have entered UK on Tier 2 General category visa which is point based and the BRP is valid till Dec 2017 but the employer has withdrawn my appointment, the Tier 2 visa may not be valid or may be I will need to switch to the next employer within a certain time frame. Nevertheless, being in the UK presently, is it going to help restore my ILR. Meanwhile, I am waiting for my next employer who has selected me on 4th Jan'16 for 6 months job to provide me CoS - Certificate of Sponsorship - which will inlude details of the job and thereupon, I will apply for new BRP after submitting my existing BRP. I request you to kindly advise me and suggest a way. Thanks with all the regards. Simon.
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 1 year ago.
Dear Nicola, Hi! Thank you for trying to help me. Thanks with all the regards. Simon.
Expert:  frantzgregory replied 1 year ago.
Hello Simon
Indefinite Leave to Enter carries the same entitlement as Indefinite Leave to Remain therefore it was not because you did not have ILE. Applicants with ILE/ILR who have remained outside the UK for more than two years will have their leave automatically lapsed by operation of law unless you are also able to show what exceptional personal circumstances caused you to remain outside the UK for more than 2 years. This is a matter which requires independent legal advice. I am unable to give such advice on this platform.
I hope this clarifies your enquiry.
frantzgregory, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 561
Experience: Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
frantzgregory and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.
Dear Frantz,Hi!Thank you for your expert response.The exceptional personal circumstances was that in Sept 2009, ILR was granted; in the same month and year my father suddenly and sadly passed away. I went to India and within a week of reaching there under Dowry Act (IPC 498a) a legal case was lodged by my in-laws and I was taken into legal custody. When I was released after two and a half months,I found that my passport was missing.For the last six years I struggled and I ran pillar to post from Lower court to High court in India every few days to get Contested Acquittal, which I got on 21st July 2015. Thereupon, I applied for a new passport and when I applied for Returning Resident visa in lieu of my ILR, It was refused citing the reason that it has lapsed because I overstayed out of the UK in India by more than 2 years.Now, I am in the UK on a BRP valid till Dec 2017 but I need to switch to another employer and it is under process; might start early Feb'16.Dear Frantz would you like to advocate for me if I provide all the documentory evidence regarding my exceptional personal circumstances.Thanking you with all the regards ***** ***** wish you a very Happy New Year 2016.Yours Sincerely,
Simon (Ajay)
Mobile:07423545586
Expert:  frantzgregory replied 1 year ago.
Hello Simon
Thank you for your enquiry.
Unfortunately JustAnswer is simply a question and answer platform and we can not take instructions to represent clients. However, you may wish to check out the OISC register for regulated advisers that may be able to assist you.
Here is the link http://home.oisc.gov.uk/register_of_regulated_immigration_advisers/register.aspx
I hope this clarifies your enquiry.
I wish you a very Happy New Year too.