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Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe
Thank you for your reply. We have contacted a solicitor and they took all documents and are going to represent us. What i dont understand is how home office can suggest extension 30months if we dont meet financial requirements. Our solicitor said not to pay surcharge but we are worried if the solicitor doesn’t meet deadline and then we lose all rights. I am really hoping the case worker will reconsider and also now look at our 2021-2022 tax year returns which exceeds the requirements. Even though this was stated in the cover letter from myself and my accountant.Zimba wrote: ↑Mon May 30, 2022 10:09 amThe application is not refused yet. Note that you do not get appeal rights if refused and also note that if you accept their offer of an extension, he will be put under the 10 year route (as he will not even meet the extension requirements under the 5 year route)
Zimba wrote: ↑Wed Jun 01, 2022 5:36 pmUKVI can offer 30 months under the 10-year route as that route does not have a financial requirement. Paying the IHS puts him under the 10 year route which effectively prevents him from getting ILR as time spent under the 10 year route cannot be used to get ILR under 5 years route. This is the reason why you are being advised not to pay the IHS. The rules require you to provide the latest tax assessments, so if you provide the 2021-22 self-assessment, the UKVI may reconsider. Otherwise, he will fail the requirement and cannot get ILR. In case of refusal, then you can lodge a new SET(M) using the latest self assessment
Ok So next scenario if my caseworker dont reconsider then after 10days not paying surcharge it counts for refused application then i am able to submit ilr application again but in new application i must state this refusal and submit 2021-2022 tax return?
Zimba wrote: ↑Mon May 30, 2022 10:09 amThe application is not refused yet. Note that you do not get appeal rights if refused and also note that if you accept their offer of an extension, he will be put under the 10 year route (as he will not even meet the extension requirements under the 5 year route)
Zimba wrote: ↑Wed Jun 01, 2022 5:36 pmUKVI can offer 30 months under the 10-year route as that route does not have a financial requirement. Paying the IHS puts him under the 10 year route which effectively prevents him from getting ILR as time spent under the 10 year route cannot be used to get ILR under 5 years route. This is the reason why you are being advised not to pay the IHS. The rules require you to provide the latest tax assessments, so if you provide the 2021-22 self-assessment, the UKVI may reconsider. Otherwise, he will fail the requirement and cannot get ILR. In case of refusal, then you can lodge a new SET(M) using the latest self assessment
So if your employment has ended, then you cannot rely on it even if it falls during the tax year. You just end up claiming sources of income that continue to give you an income. You have now been advised several times to apply for a new application with your latest tax return. Going to court is a very very bad idea and more expensive as you seem to have no case to argue. The best outcome may also NOT be ILR but leave under 10 year route or outside the rules.Income under Category F or Category G can be combined with income from salaried
and non-salaried employment, non-employment income and pension income in order
to meet the financial requirement. However, unlike with other Categories, these
sources of income must fall within the relevant financial year(s) in order to be
included. Under Category F or Category G, all sources of income must fall within the
financial year(s) relied on and must still be a source of income at the time of
application.
You should apply within 14 days of getting an admin review response