SET LR advice

CR001 wrote: ↑

Thu Jul 23, 2020 9:35 pm

seagul wrote: ↑

Thu Jul 23, 2020 9:34 pm

ssasi2020 wrote: ↑

Thu Jul 23, 2020 7:47 pm

What if i don't lodge an appeal instead i apply flr fp 5 year route as if iam extending my current flr fp. Obviously my current visa would be expired by then) can i do that ?

In my view depending on the reasons of refusal the appeal rights must be exercised because it might easily be surmountable. Owlishly decide whatever you want based on the refusal reasons.

Working full time on a student visa for a year is unlikely to be overturned at appeal as it is a blatant breach of visa conditions and disregard for the rules.

Yes only if it gets unearthed/caught and also if the correct tax was paid by the employer to HMRC.

seagul wrote: ↑

Thu Jul 23, 2020 9:40 pm

CR001 wrote: ↑

Thu Jul 23, 2020 9:35 pm

seagul wrote: ↑

Thu Jul 23, 2020 9:34 pm

ssasi2020 wrote: ↑

Thu Jul 23, 2020 7:47 pm

What if i don't lodge an appeal instead i apply flr fp 5 year route as if iam extending my current flr fp. Obviously my current visa would be expired by then) can i do that ?

In my view depending on the reasons of refusal the appeal rights must be exercised because it might easily be surmountable. Owlishly decide whatever you want based on the refusal reasons.

Working full time on a student visa for a year is unlikely to be overturned at appeal as it is a blatant breach of visa conditions and disregard for the rules.

Yes only if it gets unearthed/caught and also if the correct tax was paid by the employer to HMRC.

If you read the whole thread, the op has clearly stated he worked through normal payroll with their NI number, so very traceable.

Lets wait for the outcome.

Let's hope it gets through smoothly. However, i am aware that its a big risk!
I have decided to go for it for following reasons-
# i have extended all my students leave and family leave without any issue.
# because there wasn't any issue in the past, i guess there isn't anything negative about me on their system, and now i meet all the requirements for set lr. So i am hoping they will just do tick tick tick and then stamp. (Huge optimism).
# in the event of refusal, i am very likely to get 10 years flr fp.( As suggested by some. ) and possibly can be varied to 5 year. I tried to get clarification on this on above but i am still unsure on this. But if i do get 5 year parent route, i can add that to my last 30 months and i will still be eligible for set m in 2023.
I know going back to 10 year flr fp will be huge setback for me. But i won't have choice. And have to live with it. And to give sympathy to myself i can think of billions of people who are worse off than me so what i have is ok and i will have to keep going in life.
Its a calculated risk and i need to make mysef mentally prepared for any eventuality.

From your post... I can see the breach happened in 2009? That is more than 10 years ago.

Luluokis29 wrote: ↑

Fri Jul 24, 2020 10:46 am

From your post... I can see the breach happened in 2009? That is more than 10 years ago.

It was 2012

Hi all ,
Just got a thought that if my set lr to refused coz of breach in 2012 , and if iam to given 2.5 year visa under flr fp. Will i still be able to apply for set lr in 2023. Or i have to wait till 2030 ( 10 years from when breach came to attention of ukvi rather than when breach happened, i saw this on naturalisation section ) .

Please advise me. Thanks

at the time of breach what was stated on your BRP as remarks, like anything about work?

bruteforce wrote: ↑

Sat Jul 25, 2020 12:05 am

at the time of breach what was stated on your BRP as remarks, like anything about work?

The op had no work rights, as clearly stated on page 1 of the topic.

ssasi2020 wrote: ↑

Fri Jan 17, 2020 9:21 am

CR001 wrote: ↑

Fri Jan 17, 2020 9:18 am

You worked for a year, more than 20 hours per week, and did not study??

Very clearly a breach of your student visa conditions.

I studied. Completed my course. I worked 20 hours but i was with private college so no work was attached.

Zimba wrote: ↑

Sat Jan 18, 2020 12:53 pm

This should not affect any visa application except for ILR

Thanks zimba, just seen it. It was old so i forgot. I should have applied for set lr in January 2020 super priority and if it were to be refused i would still have valid leave to extend my flr fp parent( 5 years) . Can't believe i missed the chance!

I can read what OP stated in the original post. My question was what was stated on BRP, it could have been any remark so you did not have to just reply for the sake of it and because you are an admin.

CR001 wrote: ↑

Sat Jul 25, 2020 7:51 am

bruteforce wrote: ↑

Sat Jul 25, 2020 12:05 am

at the time of breach what was stated on your BRP as remarks, like anything about work?

The op had no work rights, as clearly stated on page 1 of the topic.

ssasi2020 wrote: ↑

Fri Jan 17, 2020 9:21 am

CR001 wrote: ↑

Fri Jan 17, 2020 9:18 am

You worked for a year, more than 20 hours per week, and did not study??

Very clearly a breach of your student visa conditions.

I studied. Completed my course. I worked 20 hours but i was with private college so no work was attached.

Hi, I came across a case on this forum that op had applied for set lr but was refused on 322 ground, however, he was offered 30 months leave under flr fp if he were to pay ihs within 10 days.
If such situation arises to me , will i be able to vary to flr fp 5 year parent route ( i meet all the requirements) .
currently i am under 5 years parent route.

Thank you.

ssasi2020 wrote: ↑

Mon Jul 27, 2020 7:17 pm

If such situation arises to me , will i be able to vary to flr fp 5 year parent route ( i meet all the requirements) .
currently i am under 5 years parent route.

Varying might not be possible where if the caseworker is offering you an flrfp under 10 years of route rather at later you might be able to switch into 5 years of route with a new application.

seagul wrote: ↑

Mon Jul 27, 2020 8:07 pm

ssasi2020 wrote: ↑

Mon Jul 27, 2020 7:17 pm

If such situation arises to me , will i be able to vary to flr fp 5 year parent route ( i meet all the requirements) .
currently i am under 5 years parent route.

Varying might not be possible where if the caseworker is offering you an flrfp under 10 years of route rather at later you might be able to switch into 5 years of route with a new application.

Thank you for your reply. But it will resets the clock and which doesn't serve the best for me.
Please have a look this one,

I found one case where it says-
"We considered your ILR and and you do not qualify for ILR reasons mentioned in annex A. However, we are satisfied that you would fall to be granted limited leave to remain of 30 months.
In these circumstances, in accordance with the consent you gave on the form, we are now treating your application as an
application for limited leave to remain. In respect of your application, in order for it to be valid and for you to be granted limited leave to remain you must pay ihs with in 10 days."

Based on this information, it says they are treating the application under limited leave and will only be valid once the ihs is paid. Doesn't this means its not decided and still possible to vary?

ssasi2020 wrote: ↑

Mon Jul 27, 2020 8:42 pm

Based on this information, it says they are treating the application under limited leave and will only be valid once the ihs is paid. Doesn't this means its not decided and still possible to vary?

Highly unlikely that caseworker swerve his offer in accordance to your desire.

seagul wrote: ↑

Mon Jul 27, 2020 8:53 pm

ssasi2020 wrote: ↑

Mon Jul 27, 2020 8:42 pm

Based on this information, it says they are treating the application under limited leave and will only be valid once the ihs is paid. Doesn't this means its not decided and still possible to vary?

Highly unlikely that caseworker swerve his offer in accordance to your desire.

I agree but the standard procedure for offering such 30 months leave if ILR fails would be very much same, right?
If i do get similar letter, will i be able to vary? Thank you.

Hi guys i am still unsure what exactly i should be doing in the event of refusal please advise me so i can start planning.

My visa is expiring in 20 September 2020 (parent under 5 years), and iam going for set lr, if it gets refused on 322 ground that happened in 2013. Depending on if there will be a super priority at all, its likely i will only get a reply after my visa has expired. If they offered me 30 months leave and asked me to pay ihs. Can i still be able to not pay that ihs but instead apply for new application flr fp parent under 5 years. My visa would have been expired by few months by then , will 3c cover me and my application will be valid.
And able to apply for set m in 2023.
I am just worried that if i don't take the right step i probably will mess up with 3c, parent 5 year route and lose the prospect of applying set lr in 2023 as well.
I would really appreciate if you can help me on this . Thank you.

ssasi2020 wrote: ↑

Tue Jul 28, 2020 5:20 pm

Can i still be able to not pay that ihs but instead apply for new application flr fp parent under 5 years. My visa would have been expired by few months by then , will 3c cover me and my application will be valid.

Depending on the caseworker if you wont accept his offer then he might withdraw it and tell you to leave the country.

seagul wrote: ↑

Tue Jul 28, 2020 9:25 pm

ssasi2020 wrote: ↑

Tue Jul 28, 2020 5:20 pm

Can i still be able to not pay that ihs but instead apply for new application flr fp parent under 5 years. My visa would have been expired by few months by then , will 3c cover me and my application will be valid.

Depending on the caseworker if you wont accept his offer then he might withdraw it and tell you to leave the country.

wow! That would be brutal. but won't i still be covered by 3c and able to apply for standard flr fp parent route. What about 39 E,won't that give me opportunity to apply within 14 days from the date of set lr refusal. And not break 3c.
Thanks

Section 3c ends when an application is refused. The 14 days is only a grace period to apply for another route you believe you qualify for, it does not extend your 3c protection.

CR001 wrote: ↑

Tue Jul 28, 2020 10:44 pm

Section 3c ends when an application is refused. The 14 days is only a grace period to apply for another route you believe you qualify for, it does not extend your 3c protection.

Thank you CR001,
1. so vary won't be possible in the event of 30 months offer , to flr fp 5 year parent route?
2.if vary isn't possible then , It looks its worth taking that 30 months offer and try to continue legal stay until mid 2023 , when that breach completes 10 year. If 2020 set lr is refused on 322(3) ground (2013) , and if i reapply in mid 2023 , likelyhood will be in my favour? Or will it be 2030, 10 years from when breach came to the attention of ukvi.

Hi, i just realised after a breach in 2013 when i extended my tier 4 in late 2013 , there was a question if i have worked contrary to the brp. And my answer was no, if they discover that breach in 2020 set lr application, will it class as deception or just a 322(3)?
Thanks

ssasi2020 wrote: ↑

Wed Jul 29, 2020 3:00 pm

Hi, i just realised after a breach in 2013 when i extended my tier 4 in late 2013 , there was a question if i have worked contrary to the brp. And my answer was no, if they discover that breach in 2020 set lr application, will it class as deception or just a 322(3)?
Thanks

Possible yes as you have lied on a previous application.

CR001 wrote: ↑

Wed Jul 29, 2020 3:02 pm

ssasi2020 wrote: ↑

Wed Jul 29, 2020 3:00 pm

Hi, i just realised after a breach in 2013 when i extended my tier 4 in late 2013 , there was a question if i have worked contrary to the brp. And my answer was no, if they discover that breach in 2020 set lr application, will it class as deception or just a 322(3)?
Thanks

Possible yes as you have lied on a previous application.

Thank you for your reply.
Does deception lapses in 10 years from the date it was done (2013), or 10 year from the date it came to the attention of ukvi (2020) .

Have you ever requested your employment history from HMRC or checked by yourself by registering online? Does your tax visible during 2013?