Long Residence (10 years) SET (LR) applications

Kay2323 wrote: ↑

Tue Oct 24, 2017 9:56 pm

mickey007 wrote: ↑

Sun Oct 22, 2017 12:02 pm

Hi All,

Has anyone(SET(LR) applicant) received ILR in 2017 with tax amendments in the past?
Kindly share your application details?

Also anyone who were refused due to tax amendments, please share their story as well?
What were refusal grounds?
what they did after refusal?
What was the outcome of judicial review, appeal or admin review?

I look forward to hearing from the friendly members here.

Best Regards
Mick

Hi Mickey,

I am in a same situation. First application was premium for Set LR in August 2016. Refused due to amendments in 2010-2011.

Reapplied September 2016 by post
Got amendments done with HMRC in 5 months and paying in Instalments
Till May received auto replies from UKVi. Since then no interview letter, No questioner, no complex letter nothing what so ever.
Involved MP in First week of September but no reply from MP as well and pending more then 13th months......Seriously it has become like a virtual prison, cant change job, wife cant work, cant get 15 hrs free early education for my 21 months old toddler....Well i understand those taxes were supposed to be submitted in that particular year but is HO going to penalise us for it though HMRC accepted it and we understood our mistakes and suffered so far. Sometimes really wonder was it worth living on this island for more then 11 years and still treated as immigrants.

Guys, anybody got any updates please spare few minutes......

Sam00000 wrote: ↑

Wed Oct 25, 2017 9:44 am

CR001 wrote: ↑

Wed Oct 25, 2017 7:51 am

Sam00000 wrote: ↑

Wed Oct 25, 2017 7:26 am

Hi guys.

I'm going to apply Ilr next month and booked the appointment in Liverpool 22.11.2017.
I just wanted to know can I use my B1 language certificate which is already expired but used it twice to get Flrm visa 3 years ago and 6 months ago?

Many thanks for your help.

Are you applying for ILR based on 10 years long residence or 5 years spouse visa?

10 yrs long residency

wahabishtiaq wrote: ↑

Wed Oct 25, 2017 12:10 pm

Kay2323 wrote: ↑

Tue Oct 24, 2017 9:56 pm

mickey007 wrote: ↑

Sun Oct 22, 2017 12:02 pm

Hi All,

Has anyone(SET(LR) applicant) received ILR in 2017 with tax amendments in the past?
Kindly share your application details?

Also anyone who were refused due to tax amendments, please share their story as well?
What were refusal grounds?
what they did after refusal?
What was the outcome of judicial review, appeal or admin review?

I look forward to hearing from the friendly members here.

Best Regards
Mick

Hi Mickey,

I am in a same situation. First application was premium for Set LR in August 2016. Refused due to amendments in 2010-2011.

Reapplied September 2016 by post
Got amendments done with HMRC in 5 months and paying in Instalments
Till May received auto replies from UKVi. Since then no interview letter, No questioner, no complex letter nothing what so ever.
Involved MP in First week of September but no reply from MP as well and pending more then 13th months......Seriously it has become like a virtual prison, cant change job, wife cant work, cant get 15 hrs free early education for my 21 months old toddler....Well i understand those taxes were supposed to be submitted in that particular year but is HO going to penalise us for it though HMRC accepted it and we understood our mistakes and suffered so far. Sometimes really wonder was it worth living on this island for more then 11 years and still treated as immigrants.

Guys, anybody got any updates please spare few minutes......

I understand your frustration and agitation around this matter i think we need to vent our concerns through our MP's in to parliament. There are 5000 applicants sitting for JR's and thats a substantial number... HO has been deceitful and hostile in their treatment towards applicants. Who decides the window of tax amend for T1 visa holders to be FEB 2015 ?HMRC dont have any restrictions published anywhere to state that no more amends will be accepted from anyone after this many years, also HO has been deceitful in not publishing and denouncing these timelines before hand so all individuals can check their tax matters ... in na nut shall it was a trap and exploited to full extend. Only way to raise this is to raise it in parliament on how HO is treating applicants, APRIL 2018 is the deadline for T1 10 yr cases.

Lets get in touch with our MPs requesting them to put a discussion in parliament on how HO and HMRC are conflicting.

Hope and wish you good luck!

pusm wrote: ↑

Thu Oct 26, 2017 6:36 am

I went through the following

R (Parveen and Saleem) v SSHD: http://www.bailii.org/uk/cases/UKAITUR/ ... 02016.html.
R (Kamal) v SSHD: http://www.bailii.org/uk/cases/UKAITUR/ ... 72016.html.

Its look both arguments from the respondent Representative look similar and accountants mistake not considered


Now

From applicants may consider that

1. there was no policy guidance noticed according to 245CD the correction of errors or re submission tax return will not take place , even the points based calculation and the genuine earning test beside even gerneral grounds of refusals

2. Further more the Immigration Act 1971 or 2014 may not indicate that , any points regards to the tax return corrections matters or migrant does not have this facility or HMRC view not included when taking SSHD decision

3. So its contradict the Equality Act 2006 and 2010 and there may no any provision that Immigration Act 1971 or 2014 overruled Equality Act 2006 and 2010 .

So if you guys proof all these 3 links the above 3 points then these cases may have a good light in the court of appeal

lad 14 wrote: ↑

Fri Oct 27, 2017 10:48 am

***Update***

I have varied my ILR application from SET(O) to SET(LR) yesterday - 23 August 2016

MY ILR timeline-

Application : SET (LR) 10 year long residence POSTAL application
Application sent: 23 August 2016
Application Received: 24 August 2016
Payment deducted: **Application Varied**
Automated emails received: Not Received
Acknowledgement/BRP letter received : Not Received
BRP Done : 5 September 2016
Letter Received - 10 February 2017- Complex Issue Letter received - Case cannot be decide in 6 months
Letter Received - 03 May 2017 - To complete and return attach Questionnaire, and also to provide SA302 and Tax Year Overview for the time of Tier 1 extension
Questionnaire Form, SA302's and Tax Year Overview sent - 01/06/2017
Contacted MP – 01/10/2017
ILR approval letter received:
BRP received: 27/10/2017

After the gruesome 15 months of waiting with no certainty of getting a visa, this morning I have received the most awaited letter of my lifetime …The Biometric card. Finally, this long wait is over now after living with the nightmares juggling with my professional and personal lives…
I have recently contacted my MP on the advice of one of my friend, and after 3 weeks of contacting I have received the approval letter, so maybe because of the MP’s interference things get escalated but anyways it’s all done & dusted !!!
I would like to thank everybody in the forum for their valuable advice.

mickey007 wrote: ↑

Fri Oct 27, 2017 11:06 am

lad 14 wrote: ↑

Fri Oct 27, 2017 10:48 am

***Update***

I have varied my ILR application from SET(O) to SET(LR) yesterday - 23 August 2016

MY ILR timeline-

Application : SET (LR) 10 year long residence POSTAL application
Application sent: 23 August 2016
Application Received: 24 August 2016
Payment deducted: **Application Varied**
Automated emails received: Not Received
Acknowledgement/BRP letter received : Not Received
BRP Done : 5 September 2016
Letter Received - 10 February 2017- Complex Issue Letter received - Case cannot be decide in 6 months
Letter Received - 03 May 2017 - To complete and return attach Questionnaire, and also to provide SA302 and Tax Year Overview for the time of Tier 1 extension
Questionnaire Form, SA302's and Tax Year Overview sent - 01/06/2017
Contacted MP – 01/10/2017
ILR approval letter received:
BRP received: 27/10/2017

After the gruesome 15 months of waiting with no certainty of getting a visa, this morning I have received the most awaited letter of my lifetime …The Biometric card. Finally, this long wait is over now after living with the nightmares juggling with my professional and personal lives…
I have recently contacted my MP on the advice of one of my friend, and after 3 weeks of contacting I have received the approval letter, so maybe because of the MP’s interference things get escalated but anyways it’s all done & dusted !!!
I would like to thank everybody in the forum for their valuable advice.

Hi Lad,
Congrats on your ILR approval. Glad to hear your good news.
Could you please let us know did you have any Tax amendments in the past?
Regards
Mick

pusm wrote: ↑

Thu Oct 26, 2017 6:36 am

I went through the following

R (Parveen and Saleem) v SSHD: http://www.bailii.org/uk/cases/UKAITUR/ ... 02016.html.
R (Kamal) v SSHD: http://www.bailii.org/uk/cases/UKAITUR/ ... 72016.html.

Its look both arguments from the respondent Representative look similar and accountants mistake not considered


Now

From applicants may consider that

1. there was no policy guidance noticed according to 245CD the correction of errors or re submission tax return will not take place , even the points based calculation and the genuine earning test beside even gerneral grounds of refusals

2. Further more the Immigration Act 1971 or 2014 may not indicate that , any points regards to the tax return corrections matters or migrant does not have this facility or HMRC view not included when taking SSHD decision

3. So its contradict the Equality Act 2006 and 2010 and there may no any provision that Immigration Act 1971 or 2014 overruled Equality Act 2006 and 2010 .

So if you guys proof all these 3 links the above 3 points then these cases may have a good light in the court of appeal

Sam00000 wrote: ↑

Wed Oct 25, 2017 8:07 pm

Sam00000 wrote: ↑

Wed Oct 25, 2017 9:44 am

CR001 wrote: ↑

Wed Oct 25, 2017 7:51 am

Sam00000 wrote: ↑

Wed Oct 25, 2017 7:26 am

Hi guys.

I'm going to apply Ilr next month and booked the appointment in Liverpool 22.11.2017.
I just wanted to know can I use my B1 language certificate which is already expired but used it twice to get Flrm visa 3 years ago and 6 months ago?

Many thanks for your help.

Are you applying for ILR based on 10 years long residence or 5 years spouse visa?

10 yrs long residency

Any suggestions guys?

Sam00000 wrote: ↑

Sat Oct 28, 2017 1:14 pm

Sam00000 wrote: ↑

Wed Oct 25, 2017 8:07 pm

Sam00000 wrote: ↑

Wed Oct 25, 2017 9:44 am

CR001 wrote: ↑

Wed Oct 25, 2017 7:51 am

Are you applying for ILR based on 10 years long residence or 5 years spouse visa?

10 yrs long residency

Any suggestions guys?

Please someone help me as my appointment is close.
Some people saying I don't have to exam again but some other saying because I'm applying for different route ( 10yrs and not 5 yrs spouse ) I have to proof a valid qualification.

eoo10 wrote: ↑

Sat Oct 28, 2017 5:24 pm

Sam00000 wrote: ↑

Sat Oct 28, 2017 1:14 pm

Sam00000 wrote: ↑

Wed Oct 25, 2017 8:07 pm

Sam00000 wrote: ↑

Wed Oct 25, 2017 9:44 am

10 yrs long residency

Any suggestions guys?

Please someone help me as my appointment is close.
Some people saying I don't have to exam again but some other saying because I'm applying for different route ( 10yrs and not 5 yrs spouse ) I have to proof a valid qualification.

HI
I believe you need a valid certificate and it should be in date.

saahib_ali wrote: ↑

Fri Oct 13, 2017 11:21 am

Hi Gurus
I have been a silent reader on this forum for a long time. I am wondering that how long HO Post decision casework team is taking these days to implement the decision after appeal is allowed.

Following is my Case history:
Applied 10 years based ILR in January 2016 couple of months before completing 10 years.

Applied for ILR: ------ Jan/2016
Refusal based on early application (with right of appeal): ------ June/2016
Appealed against refusal: ------ June/2016
Received hearing date (25/07/2017) : ------ Jan/2017
Attended hearing: ------ 25/07/2017
Appeal allowed based on Article 8 grounds (human rights & private life): ------ 07/08/2017
Determination received: ------ 08/08/2017
Received letter from HO Post-Decision Casework Team: ------ 27/09/2017
This letter stated that " Ho office is not going to appeal against the court decision and we are going to implement court decision ASAP and if required we will contact you for more documents".

No correspondence after that. Still waiting for the documents.

Can anyone please tell me how long does the Post-Decision casework team take to implement and send visa and passport back.
Anyone have had or have similar situation?

smir wrote: ↑

Mon Oct 30, 2017 2:08 pm

Brother ASsalam


3 months from the date appeal allowed letter received


Check my previous posts

saahib_ali wrote: ↑

Fri Oct 13, 2017 11:21 am

Hi Gurus
I have been a silent reader on this forum for a long time. I am wondering that how long HO Post decision casework team is taking these days to implement the decision after appeal is allowed.

Following is my Case history:
Applied 10 years based ILR in January 2016 couple of months before completing 10 years.

Applied for ILR: ------ Jan/2016
Refusal based on early application (with right of appeal): ------ June/2016
Appealed against refusal: ------ June/2016
Received hearing date (25/07/2017) : ------ Jan/2017
Attended hearing: ------ 25/07/2017
Appeal allowed based on Article 8 grounds (human rights & private life): ------ 07/08/2017
Determination received: ------ 08/08/2017
Received letter from HO Post-Decision Casework Team: ------ 27/09/2017
This letter stated that " Ho office is not going to appeal against the court decision and we are going to implement court decision ASAP and if required we will contact you for more documents".

No correspondence after that. Still waiting for the documents.

Can anyone please tell me how long does the Post-Decision casework team take to implement and send visa and passport back.
Anyone have had or have similar situation?

smir wrote: ↑

Mon Oct 30, 2017 2:08 pm

Brother ASsalam


3 months from the date appeal allowed letter received


Check my previous posts

saahib_ali wrote: ↑

Fri Oct 13, 2017 11:21 am

Hi Gurus
I have been a silent reader on this forum for a long time. I am wondering that how long HO Post decision casework team is taking these days to implement the decision after appeal is allowed.

Following is my Case history:
Applied 10 years based ILR in January 2016 couple of months before completing 10 years.

Applied for ILR: ------ Jan/2016
Refusal based on early application (with right of appeal): ------ June/2016
Appealed against refusal: ------ June/2016
Received hearing date (25/07/2017) : ------ Jan/2017
Attended hearing: ------ 25/07/2017
Appeal allowed based on Article 8 grounds (human rights & private life): ------ 07/08/2017
Determination received: ------ 08/08/2017
Received letter from HO Post-Decision Casework Team: ------ 27/09/2017
This letter stated that " Ho office is not going to appeal against the court decision and we are going to implement court decision ASAP and if required we will contact you for more documents".

No correspondence after that. Still waiting for the documents.

Can anyone please tell me how long does the Post-Decision casework team take to implement and send visa and passport back.
Anyone have had or have similar situation?

mickey007 wrote: ↑

Mon Oct 30, 2017 5:11 pm

smir wrote: ↑

Mon Oct 30, 2017 2:08 pm

Brother ASsalam


3 months from the date appeal allowed letter received


Check my previous posts

saahib_ali wrote: ↑

Fri Oct 13, 2017 11:21 am

Hi Gurus
I have been a silent reader on this forum for a long time. I am wondering that how long HO Post decision casework team is taking these days to implement the decision after appeal is allowed.

Following is my Case history:
Applied 10 years based ILR in January 2016 couple of months before completing 10 years.

Applied for ILR: ------ Jan/2016
Refusal based on early application (with right of appeal): ------ June/2016
Appealed against refusal: ------ June/2016
Received hearing date (25/07/2017) : ------ Jan/2017
Attended hearing: ------ 25/07/2017
Appeal allowed based on Article 8 grounds (human rights & private life): ------ 07/08/2017
Determination received: ------ 08/08/2017
Received letter from HO Post-Decision Casework Team: ------ 27/09/2017
This letter stated that " Ho office is not going to appeal against the court decision and we are going to implement court decision ASAP and if required we will contact you for more documents".

No correspondence after that. Still waiting for the documents.

Can anyone please tell me how long does the Post-Decision casework team take to implement and send visa and passport back.
Anyone have had or have similar situation?

Hi Smir,

Nice to hear you received ur ILR.
Could you please let us know, what was your visa status before you applied for ILR, also did you have any tax amendments?

Fami0321 wrote: ↑

Mon Mar 20, 2017 9:12 pm

Hi everyone
My timeline is as follow
Set lr application made 30 Aug 2016
Biometric done 22 September 2016
Then no correspondence with home office

I rang once I completed 6 months but they said wait wait wait

On 9 march 2017 my mp sent letter to home office asking them why is it late and roughly how long more

Today I received call from home office confirming my application has been approved and I can go to pick up my documents tomorrow morning

Hope that' helps( I suggest everyone who is waiting for more then 6 months to get involve their mp )
Good luck everyone

saahib_ali wrote: ↑

Fri Oct 13, 2017 11:21 am

Hi Gurus
I have been a silent reader on this forum for a long time. I am wondering that how long HO Post decision casework team is taking these days to implement the decision after appeal is allowed.

Following is my Case history:
Applied 10 years based ILR in January 2016 couple of months before completing 10 years.

Applied for ILR: ------ Jan/2016
Refusal based on early application (with right of appeal): ------ June/2016
Appealed against refusal: ------ June/2016
Received hearing date (25/07/2017) : ------ Jan/2017
Attended hearing: ------ 25/07/2017
Appeal allowed based on Article 8 grounds (human rights & private life): ------ 07/08/2017
Determination received: ------ 08/08/2017
Received letter from HO Post-Decision Casework Team: ------ 27/09/2017
This letter stated that " Ho office is not going to appeal against the court decision and we are going to implement court decision ASAP and if required we will contact you for more documents".

No correspondence after that. Still waiting for the documents.

Can anyone please tell me how long does the Post-Decision casework team take to implement and send visa and passport back.
Anyone have had or have similar situation?

Emash wrote: ↑

Thu Nov 02, 2017 5:47 pm

saahib_ali wrote: ↑

Fri Oct 13, 2017 11:21 am

Hi Gurus
I have been a silent reader on this forum for a long time. I am wondering that how long HO Post decision casework team is taking these days to implement the decision after appeal is allowed.

Following is my Case history:
Applied 10 years based ILR in January 2016 couple of months before completing 10 years.

Applied for ILR: ------ Jan/2016
Refusal based on early application (with right of appeal): ------ June/2016
Appealed against refusal: ------ June/2016
Received hearing date (25/07/2017) : ------ Jan/2017
Attended hearing: ------ 25/07/2017
Appeal allowed based on Article 8 grounds (human rights & private life): ------ 07/08/2017
Determination received: ------ 08/08/2017
Received letter from HO Post-Decision Casework Team: ------ 27/09/2017
This letter stated that " Ho office is not going to appeal against the court decision and we are going to implement court decision ASAP and if required we will contact you for more documents".

No correspondence after that. Still waiting for the documents.

Can anyone please tell me how long does the Post-Decision casework team take to implement and send visa and passport back.
Anyone have had or have similar situation?

Hi ,

Did you hear from the HO yet ?
My application and appeal history is the same like Yours , and i received the letter from HO that they will implement the Judge’s decision soon but then I received a letter to pay IHS £500.And it looks like they will give a DL instead of ILR