ILR Long Residence Rejected - I NEED HELP please

Hi

I need to apply for my ILR this week actually! and I am still not sure which route I should use.

currently I am on a spouse visa and I qualify now to apply for my ILR through this route this means:

- more paper word: bank statement, payslips ....
- I can provide the papers but it is just too much work....


however I have been in the UK for 10 years now and I qualify to apply under the 10 years legal stay which means:

- No bank statement ....Or payslip (as far as I know)


I heard that if I am married to a British citizen I can apply immediately for citizenship after my ILR, but I don't know whether the route I choose to apply will affect this.

Also in terms of free movement, I have no idea whether I will have "family of an EU member" or I will have to get a visa for European countries...

Any advice will be do, I really don't know what to do and what route I should go for.

Thank you

I heard that if I am married to a British citizen I can apply immediately for citizenship after my ILR, but I don't know whether the route I choose to apply will affect this.

Makes no difference. ILR is ILR regardless of which route you choose. There is no difference in the status.

Also in terms of free movement, I have no idea whether I will have "family of an EU member" or I will have to get a visa for European countries...

You will only have 'free movement' if you are British. ILR is only relevant to the UK. If you normally need a visa for Europe, ILR does not change this and you will still need to apply for a visa.

Any advice will be do, I really don't know what to do and what route I should go for.

Only you can make that choice. Both routes can be applied for in person. Once obvs has substantially less documents than the other provided you meet the long residence ILR requirements.

Hi

So after involving the MP in my case which according to home office raises complex issues, I received a questionnaire for my self employment which I stopped in 2014.

I had two options either to apply for my ILR on the basis of my spouse visa which I sucessfully fulfilled for 5 years now and I meet all the requirements ( I am married to a British man and I have a British 5 year old boy)

I decided to go for the 10 year long residence because they did not ask for income (I work full time and I earn more than 30k a year)

in 2010 I applied for tier 1 migrant I had two employments at that time and I registered as self-employed as an entertainer, I filed the tax returns until I was really ill so I stopped my self employment.

I got married around 2012 and decided to switch my visa to spouse because obvs I could not meet the income threshold at that time, since then I applied twice for a visa extension on the spouse route.

Now they sent me a questionnaire to fill and requesting me to send them an SA.. form and tax return overview for that self-employment in which i only did for a very limited time.

They have given me 10 days only, I called HMRC and they said they can only send me the forms in a couple of weeks! I can only access the tax overview but have no access to the form they need.

the home office letter states that I should be keeping my records 5 years after the filing the year I traded was 2011 which means my last tax filing for that year was 2012, the other years I wasnt trading (I was on the spouse visa anyway)


I don't know what to do at that moment, should I call the home office and tell them that I might not be able to meet their deadline! because of the HMRC. I cant remember the figures I submitted in 2012! should I get an accountant at this stage?

Any advice will be good please

Hi guys

So I was refused ILR based on long residence and was granted 30 months limited leave instead.
background:

I came to the UK as a student in 2007, in 2011 I was advised to apply under highly skilled immigrant because I had two jobs at the time and I started earning extra income as an entertainer from self employment, I used an accountant he put everything for me, (I am horrible at calculations) when I applied for my visa I was granted the visa then I did my tax return on my own the following year because i thought it was straightforward - I had earnings from 3 employments plus the self employment -

Now in the letter they are telling me that there is a 150000 difference between what i declared and what i claimed to be earning, as far as i can recall i added the exact amount from my self-employment and added other employments I cant see any tax calculations but I think what the HMRC wants to know is my current self employment income I dont know what mistake I have done but it seems i have been dishonest according to the home office.

I am now trying to understand what mistake I have done, I believe the hMRC should have notified me if I didnt declare my other employments as the taxes are being deducted directly by them I dont know how the system works but I think such a mistake can be easily detected. I dont know whether one of the employers did not declare my income but I have all the payslips anyway its not my fault!

I applied for two spouse visas in 2012 and 2015 which were succesful,my husband and 5 year old son are British I am working on a 35k income but according to the home office i am dishonest and they believe that my error is not genuine .

one more important detail, I got ill around the end of 2011 and could not extend the skilled migrant visa, I then got married and you know the rest. I might be an idiot but I am not dishonest.

Now I paid the NHS surcharge for me to be granted limited leave otherwise i will illegal

I don't know what to do at this junction, do i apply under the spouse route? i qualify for that as well! do i wait another 2 years and a half and accept their judgment do i just take my son and leave the country knowing that i have never claimed benefit ever i am always worked and at the moment i am the only provider for the house.

You need to challenge the refusal via Judicial review if they were wrong.

I got advice from a lawyer who saw my payslips and p60 and he confirmed that there must be some error somewhere, my self employment was only for 4,400, and I did claim it the two other employments taxes were paid directly, I have also bank account that show the money paid to my account, even though I know I need to clear my name but I find it unfair to be paying 800 pounds plus in lawyers' fees for something I didn't do.

I need a second opinion, the solicitor is keen to proceed with the review and he said that if I apply again under the 10 years route i will be rejected (which i understand) but what if I apply through the 5 years route under spouse visa which I am also eligible for, he was ignoring my question everytime I asked.

I really need your advice guys on what to do!

I guess they didn't give you 30 months leave but only asked you to accept & if you do then you needed to pay the IHS! So, that seem to be an offer to which you should have rejected & ask them to give you a decision on your actual application which was 10 years SET (LR) and if they refused that then they had to give you a Statutory Right of Appeal and by the way with all these, you don't become illegal but rather stay with the same conditions you previously had under section 3C. And you possibly had a better chance in challenging the UKVI at the FTT given the facts that they didn't exercise the discretionary nature of the particular paragraph of the law they used and didn't consider very many other family factors you've.
Now, if you've accepted their offer, that implies in someways that you accepted their allegations of deception/misrepresentation but still are eligible to challenge by the way of Judicial Review which you better do within 90 days after rejecting your 10 year LR application (and offering you the trap of 30 months). And also keeping in mind that there's a Court of Appeal Judgment waiting to be coming out soon which would clear the direction the UKVI should take. And given what you're saying about personal circumstances, you would always be in a very comfortable position compare to many other people in the same category and also not forgetting that you would always be eligible to the very 30 months they offered which would never gonna go away. But now, ofcourse challenge the UKVI in JR & also hope that the decision from the Court of Appeal comes before your hearing & that would be easy enough for you to fight. But don't give up....