Zimba wrote: ↑
Wed Mar 28, 2018 11:05 pm
Oh sorry my mistake in not seeing your visa expiry date
You should be able to vary to SET(LR) when eligible however the tax issue will lead to refusal even under long residence. At least under long residence you get the right to an appeal which is good but it would be lengthy process I am afraid. The good news for you is that you will be protected under section 3C all the way and you can keep working
It seems HO made the same mistake like you as not seeing my visa expiry- just joking
OK now I got the decision today and it is a REFUSAL for the ILR LR application I varied in June 2018.
extracted details from my refusal letter: (Please note my visa expiry is on 24/05/2016)
On 03/05/2016 you applied for further leave to remain
On 03/05/2016 you applied for further leave to remain as a Tier 1 general migrant which was refused on 07/05/2016 and an administrative review not requested and therefore completed on 08/07/2016
you applied for further leave to remain which was subsequently varied to indefinite leave to remain.
As outlined in your immigration history above, you only arrived in the United Kingdom on 24/06/2008 and you submitted an application on 23/05/2016 whilst you had an outstanding administrative review on your application of 03/05/2016. An Administrative review is not pending when:
1. (a) an administrative review waiver form has been signed by an individual in respect of whom an eligible decision has been made. An administrative review waiver form is a form where the person can declare that although they can make an application in accordance with paragraphs 34M to 34Y of these Rules, they will not do so;
2. (b) administrative review has previously been pending and the individual in respect of whom the eligible decision has been made submits a fresh application for entry clearance, leave to enter or leave to remain. In this case the day prior to the day on which the fresh application is submitted is the last day on which administrative review is pending.
Therefore, your administrative review ended on the 22/05/2016
and as of a consequence, you lawful leave also ended on that date. Consequently, you have not
lawful residence in the United Kingdom,
For the reasons outlined above, your application for indefinite leave to remain on the grounds of long residence is refused as you have failed to meet the requirements of the Immigration Rules
under Paragraph 276D with reference t. o Paragraph 276B(i)(a) of HC395 (as amended).
Is this correct? As per my understanding i made an in time application and think I am still in lawful leave.
I am not sure about what they are mentioning above on 2. (b) is it only applicable for an out time application?
Kindly share your thoughts.
NOTE: They did not mention the word "TAX" anywhere in the refusal letter