SET LR advice

ssasi2020 wrote: ↑

Thu Jul 23, 2020 8:34 am

Zimba wrote: ↑

Wed Jul 22, 2020 11:50 pm

Your were advised previously on your query regarding SET(LR). If you are under 5-year parent route, you can get ILR in 2023 if you satisfy all the requirements. Your status must be separated.

Thank you zimba. Can you please explain me ' your status must be separated ' part. I am confused on that . Thanks

If you are separated and the form gives this as an option, then you select 'separated'. Note that if it says 'legal separation', this is a process through the court and would not apply to you if you simply separated on your own terms.

CR001 wrote: ↑

Thu Jul 23, 2020 8:45 am

ssasi2020 wrote: ↑

Thu Jul 23, 2020 8:34 am

Zimba wrote: ↑

Wed Jul 22, 2020 11:50 pm

Your were advised previously on your query regarding SET(LR). If you are under 5-year parent route, you can get ILR in 2023 if you satisfy all the requirements. Your status must be separated.

Thank you zimba. Can you please explain me ' your status must be separated ' part. I am confused on that . Thanks

If you are separated and the form gives this as an option, then you select 'separated'. Note that if it says 'legal separation', this is a process through the court and would not apply to you if you simply separated on your own terms.

CR001 ohh thank you. I didn't realise that was the answer for my previous question. I thought that was for set lr answer lol.

Can I please still get clarification on that varying from the 10 year parent route to 5 year parent route thing?
After set lr rejection and them to offer me under 10 year parent route once i pay ihs. But immediately after paying ihs i also to apply flr fp under 5 years to vary that 10 years into 5 years route. Is this possible?
Please i need to know this before i decide on my next step.

Topics merged!!

ssasi2020 wrote: ↑

Thu Jul 23, 2020 9:51 am

Can I please still get clarification on that varying from the 10 year parent route to 5 year parent route thing?
After set lr rejection and them to offer me under 10 year parent route once i pay ihs. But immediately after paying ihs i also to apply flr fp under 5 years to vary that 10 years into 5 years route. Is this possible?
Please i need to know this before i decide on my next step.

That is NOT variation means. Variation means varying a pending undecided application to a new one. If you are granted leave then there is nothing to vary. You must apply for a new leave. For ILR if you are granted, under 5-year route then it is 5 years. Otherwise 10 years.

Zimba wrote: ↑

Thu Jul 23, 2020 2:19 pm

ssasi2020 wrote: ↑

Thu Jul 23, 2020 9:51 am

Can I please still get clarification on that varying from the 10 year parent route to 5 year parent route thing?
After set lr rejection and them to offer me under 10 year parent route once i pay ihs. But immediately after paying ihs i also to apply flr fp under 5 years to vary that 10 years into 5 years route. Is this possible?
Please i need to know this before i decide on my next step.

That is NOT variation means. Variation means varying a pending undecided application to a new one. If you are granted leave then there is nothing to vary. You must apply for a new leave. For ILR if you are granted, under 5-year route then it is 5 years. Otherwise 10 years.

Fair point but if i vary it before they serve me decision letter, wouldn't it still class as undecided.
What if set lr refusal email says that set lr has been refused but they will 'consider' it under 10 year parent route coz of apendix FM if i pay ihs within 10 days. In this scenario they haven't decided the case right? And i pay the ihs and same time vary it to 5 year parent route too.

Honestly speaking i won't know what the email wording exactly will say . This was suggested by one solicitor, not sure if he is right on this.

Please give me your input.

ssasi2020 wrote: ↑

Thu Jul 23, 2020 3:17 pm

.
What if set lr refusal email says that set lr has been refused but they will 'consider' it under 10 year parent route coz of apendix FM if i pay ihs within 10 days. In this scenario they haven't decided the case right? And i pay the ihs and same time vary it to 5 year parent route too.

https://www.gov.uk/uk-family-visa/parent

For parent visa you must have been able to prove as mentioned in above link otherwise might be offered a 30 months of leave under private life.

seagul wrote: ↑

Thu Jul 23, 2020 4:03 pm

ssasi2020 wrote: ↑

Thu Jul 23, 2020 3:17 pm

.
What if set lr refusal email says that set lr has been refused but they will 'consider' it under 10 year parent route coz of apendix FM if i pay ihs within 10 days. In this scenario they haven't decided the case right? And i pay the ihs and same time vary it to 5 year parent route too.

https://www.gov.uk/uk-family-visa/parent

For parent visa you must have been able to prove as mentioned in above link otherwise might be offered a 30 months of leave under private life.

Hi , yes i should meet all the requirements. In fact i am currently under 5 years parent route.

ssasi2020 wrote: ↑

Thu Jul 23, 2020 4:22 pm

seagul wrote: ↑

Thu Jul 23, 2020 4:03 pm

ssasi2020 wrote: ↑

Thu Jul 23, 2020 3:17 pm

.
What if set lr refusal email says that set lr has been refused but they will 'consider' it under 10 year parent route coz of apendix FM if i pay ihs within 10 days. In this scenario they haven't decided the case right? And i pay the ihs and same time vary it to 5 year parent route too.

https://www.gov.uk/uk-family-visa/parent

For parent visa you must have been able to prove as mentioned in above link otherwise might be offered a 30 months of leave under private life.

Hi , yes i should meet all the requirements. In fact i am currently under 5 years parent route.

Also remember that it isn't perforced for UKVI to grant flrfp to everyone upon refusing. However, an appeal right will be provided during which an applicant can vary into one the most appropriate category by itself.

seagul wrote: ↑

Thu Jul 23, 2020 5:22 pm

ssasi2020 wrote: ↑

Thu Jul 23, 2020 4:22 pm

seagul wrote: ↑

Thu Jul 23, 2020 4:03 pm

ssasi2020 wrote: ↑

Thu Jul 23, 2020 3:17 pm

.
What if set lr refusal email says that set lr has been refused but they will 'consider' it under 10 year parent route coz of apendix FM if i pay ihs within 10 days. In this scenario they haven't decided the case right? And i pay the ihs and same time vary it to 5 year parent route too.

https://www.gov.uk/uk-family-visa/parent

For parent visa you must have been able to prove as mentioned in above link otherwise might be offered a 30 months of leave under private life.

Hi , yes i should meet all the requirements. In fact i am currently under 5 years parent route.

Also remember that it isn't perforced for UKVI to grant flrfp to everyone upon refusing. However, an appeal right will be provided during which an applicant can vary into one the most appropriate category by itself.

Noted.
So will i be able to extend my current flr fp 5 years parent during that appeal period, if they refuse it with appeal right.
(My current leave would have been expired by then! Probably by more than 28 days depending on how quickly i get that refusal)

If you lodge an appeal, you cannot make a new application until you withdraw your appeal, and your section 3C ends at that point.

The risk of set LR being refused in your case is highly likely as you breached your student visa conditions.

CR001 wrote: ↑

Thu Jul 23, 2020 6:19 pm

If you lodge an appeal, you cannot make a new application until you withdraw your appeal, and your section 3C ends at that point.

The risk of set LR being refused in your case is highly likely as you breached your student visa conditions.

Ok.
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 ?

An out of time application will likely put you on the FLR fp 10 year route.

ssasi2020 wrote: ↑

Thu Jul 23, 2020 6:47 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.

seagul wrote: ↑

Thu Jul 23, 2020 8:34 pm

ssasi2020 wrote: ↑

Thu Jul 23, 2020 6:47 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.

CR001 wrote: ↑

Thu Jul 23, 2020 8:35 pm

seagul wrote: ↑

Thu Jul 23, 2020 8:34 pm

ssasi2020 wrote: ↑

Thu Jul 23, 2020 6:47 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 8:40 pm

CR001 wrote: ↑

Thu Jul 23, 2020 8:35 pm

seagul wrote: ↑

Thu Jul 23, 2020 8:34 pm

ssasi2020 wrote: ↑

Thu Jul 23, 2020 6:47 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 9:46 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: ↑

Fri Jul 24, 2020 11:05 pm

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!