10 years long residence applications

[pink85]

Hello
i need help. my husband applied for ILR in Nov2015 but got refused on low salary criteria. (Heworks as bbiomedical engineer tech. For NHS) we did administrativereviews. again no.
luckly he is been here from last 10yrs applied again yesterday one day service got refused. be he went to home country in 2008 his vis was refused.then he came as my dependent,but to get him visa it took 4 months. home office said you should have applied in 28 days that time.
They have given right to apeal and said go to court they will give you.

Pleasetell me we will bget it? I got nearly 5yr child and expecting second one soon. life is in terrible mess.

Please suggest me what should I do now.


Thank you.

Can u explaine me in detail ab ur husband set(lr)application ..
Did he applied more than 28 day before?
When he enter the country ?
What application did he made Nov 2015 to till date?

[AMJ80]

Dear Raza Raja,

Please don't mind. I do agree (One applicant submitted employment letter and wages slip), and smiler case I have read on upper tribunal website. May be, they were right. It was shocked and surprised when Home Office has contacted my employer with regards my employment confirmation etc. I don't know " what will be happen in my case". Please can you share information or evidences with regars other friends refusals. Thanks

[Raza.raja]

[quote="AMJ80"]Mr Raza.Raja

Well you don't have to agree I am just revealing what I was told by my friend and secondly not everybody doing PhD like you it has happened to at least three people I personally know and one of them made a mistake by sending emploemnt letter and pay slips when they were not even needed but other two were simply and straight cases don't know what happened to them I guess it's vary on case worker as well how long back that person wants to go back and stuff

[AMJ80]

Mr Raza.Raja

I am not agreed, I am doing PhD and University is paying me nearly £14000 a years plus am working part time. All together 20164 for the year 2015-2016 and I have paid tax £1896 (As per HMRC Record). I know, Home Office has contacted my employer with regards my employment but didn't ask about hours etc. As wall as I spoke with HMRC with regards tax and NI contribution, and I have been told that they only have contribution record not hours etc. On that bases, I don't think Home Office will refuse visa. My understanding, If someone applied Tier 1 (General) visa and submitted pay slips. It may be, Home Office picked from old record and refused their Long Residency application. If employer has provided information to Home Office than employer will pay plenty (£20000.00). Its my understanding. I only found and read 1 case from Tribunal Website. If you don't mind, please could you tell us what evidences Home Office has provided on refusal.

[Raza.raja]

[quote="oni82"][quote="AMJ80"][quote="Raza.raja"][quote="oni82"]Guys has anyone got refused ILR (recently)due to excess working during their Student period?
Yes buddy in past recent months few of my mates have been refused for working extra hours while they were on student visas it's becoming quite norm now home office looking back at people employment records[/quote

My mate spoke to Hmrc and they notified that were approached by home office asking for his tax and national insurance contributions now my mate. Worked for this firm for 8 and half years he was on student for 3 years and 7 months and then psw and tier 1 general so I assume they must have got his tax contributions for tier 1 general and as a part time worker and probably did maths cuz as a part time worker you barely pay any tax but they doing a lot now days they checking every little thing

[oni82]

Guys has anyone got refused ILR (recently)due to excess working during their Student period?
Yes buddy in past recent months few of my mates have been refused for working extra hours while they were on student visas it's becoming quite norm now home office looking back at people employment records

Raza, how did they find out? Checked with HMRC? or Payslips, working contracts,were caught in act or banks statements? Your help is appreciated buddy

[AMJ80]

Guys has anyone got refused ILR (recently)due to excess working during their Student period?
Yes buddy in past recent months few of my mates have been refused for working extra hours while they were on student visas it's becoming quite norm now home office looking back at people employment records

If you don't mind could you explain me how Home Office has found that your friend was working more than 20 hours. They have given any evidence. As I know, Home Office only proof if they get information from employer or found wage slips... I don't think they've got information from HMRC. If employer has given information to Home Office, definitely employer will get plenty £20,000.00. If you don't mind could you please share it if do you have further information.

[Raza.raja]

[quote="oni82"]Guys has anyone got refused ILR (recently)due to excess working during their Student period?
Yes buddy in past recent months few of my mates have been refused for working extra hours while they were on student visas it's becoming quite norm now home office looking back at people employment records

[oni82]

Guys has anyone got refused ILR (recently)due to excess working during their Student period?

Please share

[tehzeeb]

Hello
i need help. my husband applied for ILR in Nov2015 but got refused on low salary criteria. (Heworks as bbiomedical engineer tech. For NHS) we did administrativereviews. again no.
luckly he is been here from last 10yrs applied again yesterday one day service got refused. be he went to home country in 2008 his vis was refused.then he came as my dependent,but to get him visa it took 4 months. home office said you should have applied in 28 days that time.
They have given right to apeal and said go to court they will give you.

Pleasetell me we will bget it? I got nearly 5yr child and expecting second one soon. life is in terrible mess.

Please suggest me what should I do now.

Thank you.

[dominoman]

Application : SET (LR) 10 year long residence
Application sent: 29 March 2016
Application Received: 30 March 2016
Payment deducted: 1 April 2016
Acknowledgement letter received : Not yet…

Application is all straightforward with no complicating factors (I hope). Completed all forms myself. Couldn’t find an appointment in time so did a postal application.

Has anyone applied since March and got a decision already? How long should I expect to wait?

[AMJ80]

Have u been here for almost 10 years then?

Yes, have you read my query? I have been this country since January 19, 2006. Its only period of question from 30 June 2010 to 09 May 2012. Please read my immigration status.

[oni82]

Have u been here for almost 10 years then?

[AMJ80]

well, is quite unclear from the document to understand but even if he would have applied for T1 still a Travelodge Hotel salary would have never been enough to succeed, so I am confused really

I think, he was working Starbucks (Not Travelodge). I am with you but Caseworker had used his wage slips as evidence that's y his appeal was dismissed. But now a days, Caseworkers are checking everything before making decision.

what is your status ?

I am on Tier 4 (General) Student. My visa will run out in September 2018.

[oni82]

well, is quite unclear from the document to understand but even if he would have applied for T1 still a Travelodge Hotel salary would have never been enough to succeed, so I am confused really

I think, he was working Starbucks (Not Travelodge). I am with you but Caseworker had used his wage slips as evidence that's y his appeal was dismissed. But now a days, Caseworkers are checking everything before making decision.

what is your status ?

[oni82]

that is travelodge, my friend works there. whitebread grouo is travelodge

[AMJ80]

well, is quite unclear from the document to understand but even if he would have applied for T1 still a Travelodge Hotel salary would have never been enough to succeed, so I am confused really

I think, he was working Starbucks (Not Travelodge). I am with you but Caseworker had used his wage slips as evidence that's y his appeal was dismissed. But now a days, Caseworkers are checking everything before making decision.

[oni82]

well, is quite unclear from the document to understand but even if he would have applied for T1 still a Travelodge Hotel salary would have never been enough to succeed, so I am confused really

[AMJ80]

Why would the applicant in this case provide to HO payslips that contain proof " of breaching immigration laws" ? Is a very dump move! These applications are very straight forward, there's no need to provide any payslips or working contracts (unless) you have been on Tier1 visa/s. I have the same HMRC statement too but at the moment it only shows 5 years history. I have requested a full history and let's see what is gonna contain.

I agree with you that HMRC statement is very general and does NOT contain any hours but if you have earned £12K for that year it becomes quite obvious. Please if you have any other info forward directly to me or post it in the forum so everyone can benefit. Thanks

I think, the applicant was submitted payslips when He applied Tier 1 (General) but this time caseworker has looked his immigration history and found that he was breaching immigration laws. Caseworker has refused his application and given evidence as a previous payslips.

In my case, Home Office has contacted my employer with regards my employment but never ask about payslips or hours etc. However, my company has sent general letter e.g. employment confirmation letter. Three months have passed let see what decision will come.

[oni82]

Why would the applicant in this case provide to HO payslips that contain proof " of breaching immigration laws" ? Is a very dump move! These applications are very straight forward, there's no need to provide any payslips or working contracts (unless) you have been on Tier1 visa/s. I have the same HMRC statement too but at the moment it only shows 5 years history. I have requested a full history and let's see what is gonna contain.

I agree with you that HMRC statement is very general and does NOT contain any hours but if you have earned £12K for that year it becomes quite obvious. Please if you have any other info forward directly to me or post it in the forum so everyone can benefit. Thanks

[AMJ80]

Hi there, I am due for ILR Long residency in July. 7 Years on Tier 4 and 3 Years EEA. I was told by a solicitor that HO will check records to verify whether I breached my Visa terms during my Tier4 period or not. He said that they might access my HMRC account and see if I have exceeded my working hours during the T4 period.

I have worked full time for period 2007-2008 with my IN and I wonder if this can be a cause for my application to be refused? Has anyone else has had similar situation?

Please advice
Thanks

I have a similar situation as yours. 10 years finishing in May 2016. Studen+PSW+EEA 3 year. My partner is self-employed and just like you i have worked full time from 2006-07 but only during holidays time. if you have worked 3 to 4 months in one year, it can be explained as holiday work, but if you have worked 12 months flat then they will look into it. there's nothing much to worried as you have completed 10 years. more important here is how you can prove that your partner is exercising treaty rights. Focus on this and you'll be fine.

My wife has worked full time till a month ago. Now she is self sufficient as we have CIS and she has access to my salary via the joined account> According to the experts it should be okay

I have HMRC statement but statement doesn't say anything about hours. Home Office only gets information from emloyer or your wage slips. please read this case which was refused base on "the appellant worked in excess of 20 hours per week" ... https://tribunalsdecisions.service.gov. ... 21868-2014 please read this cae

[oni82]

Hi there, I am due for ILR Long residency in July. 7 Years on Tier 4 and 3 Years EEA. I was told by a solicitor that HO will check records to verify whether I breached my Visa terms during my Tier4 period or not. He said that they might access my HMRC account and see if I have exceeded my working hours during the T4 period.

I have worked full time for period 2007-2008 with my IN and I wonder if this can be a cause for my application to be refused? Has anyone else has had similar situation?

Please advice
Thanks

I have a similar situation as yours. 10 years finishing in May 2016. Studen+PSW+EEA 3 year. My partner is self-employed and just like you i have worked full time from 2006-07 but only during holidays time. if you have worked 3 to 4 months in one year, it can be explained as holiday work, but if you have worked 12 months flat then they will look into it. there's nothing much to worried as you have completed 10 years. more important here is how you can prove that your partner is exercising treaty rights. Focus on this and you'll be fine.

My wife has worked full time till a month ago. Now she is self sufficient as we have CIS and she has access to my salary via the joined account> According to the experts it should be okay

[AMJ80]

Dear Friends,

I would request you, please could you advise me with regards my 10 Years Lawful Continue Residence Application. I have submitted my ILR application to Home Office, please follow the timeline..

Application Posted dated: 04 January 2016
Biometric dated: 01 February 2016
Decision - waiting

My Immigration History.
On 19th January 2006, I was granted an entry clearance as a student valid from 05th January 2006 until 31st August 2008 which was subsequently extended until 28th February 2010.

On 27th February 2010, I submitted LTR application as Tier 4 which was refused on 13th May 2010. Initially, I challenged the decision by way of an appeal to the Immigration and Asylum Tribunal. However, on 29th June 2010 I withdrew my appeal because sponsoring institution had withdrawn my CAS. As a result, my appeal rights exhausted.

On 18th July 2010 (within 28 days of the appeal rights were exhausted), I applied LTR as a Tier 4 to study at University. However my application was refused on 20th August 2010 on the basis that I did not meet the requirements under paragraph 245ZX (1) of the Immigration Rules.

I then made subsequent several application for LTR under Tier 4 General include Tier 1 (Post Study Work), However, my all applications were refused. As a result of a challenge of a decision refusing my last leave to remain application under Tier 1 (PSW) category on 1 March 2012, Home Office requested that we would withdraw per action protocol (PAP) letter, and my solicitors confirmed that if Home Office take a decision exceptionally in accordance with our representation Dated 12th April 2012, we will not issue JR claim.

On 10th May 2012, Home Office granted LTR under Tier 1 (PSW) till 10th May 2014. On 07th May 2014, I submitted Tier 4 application and Home Office has granted LTR under Tier 4 General category till 30th September 2018. On 01st March 2016, I have been withdrawn my course due to finance and University has informed to Home Office. I have not received any correspondence from Home Office. However, my employer has received letter from Home Office with regards my employment confirmation, and my employer has confirmed.

Main Point.
I have studied my SAR file in details (especially PAP Letter Correspondence) and found in GCID – Case Record Sheet (PAP Letter - Minute/Case Notes).. Home Office Caseworker wordings “I have discussed this Tier 4 case with SWC in Tier 4 (SH). As a result on an exceptional basis we need to award claimant points for immigration status. Please not if the claimant reverts back to the Agency for compensation with respect to the Tier 4 refusals then this needs to be routed back to Tier 4 as the issue have stemmed from Tier 4 decision (esp the Tier 4 appl submitted on 18th July 2010) into Tier 1 (Post Study Work) case.

My Questions:
Will the Home Office be approved my ILR base on 10 years long residence?
Would the home office consider my time lawful from 29th June 2010 to 09th May 2012?
Why they have contacted my employer?

I would be grateful to everyone if you would advice or comments my post. Thanks

[acespace]

Hi everyone ,

I wanted some urgent help, flr fp got refused and certified last week . I came in uk in Feb 2007 and have been on tier 4 ever since . I was advised by solicitor that they will challenge my certification first and then go for JR . I want to go for ILR in Jan 2017 . Another option is to go for fresh application for flr fp again to gain 10 month . My question :
1)Can I go for this route for fresh application according to 28 days rule as I am liable to be removed.
2) if my flr fp fresh application is accepted within 28 days it will get me max 4-5 moths which leaves me 5 months more . Can i vary it with flr fp again with new grounds or flr (o) ?
3) if that's works can I then vary 2nd fresh application to ILR after 10 years are over in Jan 2017 .
4) how many times a person can vary an application ?
Please let me know as help will be appreciated

[AMJ80]

Dear All,

For those having problems with "28 days grace" to put in a new application to the Home Office and whether such an application will be considered as "Overstayer", this new Upper Tribunal judgement delivered this year 2016 will be helpful.

The applicant in this case was successful.

The case is: The case is: The Queen on the application of Jyotika Priyesh Bhudia v Secretary of State for the Home Department http://www.bailii.org/uk/cases/UKUT/IAC/2016/25.html.

This case may put an end to the issue and stress of "28 days grace" given by the Home Office.

Goodluck to everyone!

Dear friends,

Could you help me with this I heard that applicant must have valid leave to remain in the uk to apply SET LR is that true?

I apply FLR FP application within 28 days of my refusal as I don't have any in country right of appeal so I submit FLR FP application which I will vary to SET LR soon when I qualify but I don't have valid leave to remain that time so what will be my situation

Mean my application will be consider or what will happen

Dear, Home Office will consider you overstayer. However, If your application could refuse and would you submit JR than may be this case will help you but some judge wouldn't consider reference case depend on case. I would suggest you could you contact to solicitor or submitted Tier 4 General Application.