How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask frantzgregory Your Own Question
frantzgregory
frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 628
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
80411141
Type Your Immigration Law Question Here...
frantzgregory is online now

I have applied for ILR for myself as the main applicant and

Resolved Question:

Hi , I have applied for ILR for myself as the main applicant and my husband in July this year after completing my 5 years on Tier 2 . Unfortunately my husbands ILR rejected as he hasn't reached the five years at the time we applied . We applied as the one day premium service and the immigration officer has explained every thing to us on the day and told us what would be the next step . Me and my son granted leave to remain and he said my husband can stay in the UK until February when then he would be eligible to apply . He said he doesn't need to apply for any other type of visas or submit any other application until then .
We were told he can carry on as it is and work as normal until then , they even gave his biometric card back to him on the same day.
After receiving the decision in writing , I have assumed that we do not need to do anything and obviously we did not want to appeal .
Today my husband received a letter that the time for the appeal is now expires and he has to leave the UK when his current leave expires. it also said he may not work in the UK while he is here.
I am now confused and don't no what to do . His Tier 2 dependant visa is until July 2018 .
Please advice me
Many thanks
Ellie
Submitted: 3 months ago.
Category: Immigration Law
Expert:  frantzgregory replied 3 months ago.

Hello

Thank you for your enquiry.

Your husband's Tier 2 visa is still valid and therefore he is able to remain in the UK until July 2018. The standard letter you received relates to the previous application for ILR which was refused.

Applying for ILR earlier than he should have does not invalidate his previous visa if the new application was a refusal and still in date.

Customer: replied 3 months ago.
Hi thank you for your reply , is he still eligible to work ?
Expert:  frantzgregory replied 3 months ago.

Yes his status remains as before and he can continue to work. Please rate.

frantzgregory and other Immigration Law Specialists are ready to help you