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Tier 1 G Deception - ILR now

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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ashak
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ILR 10 year Long residence route

Post by ashak » Mon Apr 10, 2017 10:49 am

Hi Gurus,

I applied for 10 year long residency route in July 2016 but have not heard anything yet. UKVI sent me a letter in December that they cannot make decision due to the complexity in my case (see below). In Feb they asked me to send any other relevant docs if my wife is living with me and if there is any children living with me and asked for the evidence that we all living at one place.

Case history:

1- Came in UK Sep 2006 as student
2- Had couple of student extensions till 2011.
3- Applied Tier 1 General in 2011
4- Visa granted in 2012 after fighting in the court
5- Tier 1 general extension applied in 2014 which was refused with deception in 2015 as home office said the company you work for in 2010-2011 never traded so false representation was made.
6- Took case to 1st, 2nd tribunal but they refused too without considering my evidences i.e. tax documents, payslips also lost in JR who did not considered the case.
7- Applied for 10 year long resident route in June 2016
8- Due to payment issues the bio metric went late so my bio metric was done in Oct 2016 but my wife's was done earlier.

So far there is no news. Could you please review and share your views that will I get this ILR ?

Regards

Moon84
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Re: ILR 10 year Long residence route

Post by Moon84 » Mon Apr 10, 2017 11:09 am

ashak wrote:Hi Gurus,

I applied for 10 year long residency route in July 2016 but have not heard anything yet. UKVI sent me a letter in December that they cannot make decision due to the complexity in my case (see below). In Feb they asked me to send any other relevant docs if my wife is living with me and if there is any children living with me and asked for the evidence that we all living at one place.

Case history:

1- Came in UK Sep 2006 as student
2- Had couple of student extensions till 2011.
3- Applied Tier 1 General in 2011
4- Visa granted in 2012 after fighting in the court
5- Tier 1 general extension applied in 2014 which was refused with deception in 2015 as home office said the company you work for in 2010-2011 never traded so false representation was made.
6- Took case to 1st, 2nd tribunal but they refused too without considering my evidences i.e. tax documents, payslips also lost in JR who did not considered the case.
7- Applied for 10 year long resident route in June 2016
8- Due to payment issues the bio metric went late so my bio metric was done in Oct 2016 but my wife's was done earlier.

So far there is no news. Could you please review and share your views that will I get this ILR ?

Regards
Hi ashak,
could you please explain some more details was you self-employed and you had any tax amendment and why was your initial tier 1 general application refused. and what documents you send to home office regarding your wife and kids. thanks

ashak
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Re: ILR 10 year Long residence route

Post by ashak » Mon Apr 10, 2017 11:28 am

In 2011 I had an employment. I served the payslips and P45 as the employment was not for full 1 year. Also I requested HMRC for my earnings for the year 2010-2011, the document shown me my income and the tax amount. Also, HMRC was chasing me to pay the underpaid tax which was around £3000 between 2012-2013 which I paid.

The documents I sent to home office in Feb 2017 was marriage certificate, child birth certificate, any bills on both names on, council tax letter and any NHS documents in which we all are on the same address.

Moon84
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Joined: Sun Jul 17, 2016 8:53 am

Re: ILR 10 year Long residence route

Post by Moon84 » Mon Apr 10, 2017 11:37 am

ashak wrote:In 2011 I had an employment. I served the payslips and P45 as the employment was not for full 1 year. Also I requested HMRC for my earnings for the year 2010-2011, the document shown me my income and the tax amount. Also, HMRC was chasing me to pay the underpaid tax which was around £3000 between 2012-2013 which I paid.

The documents I sent to home office in Feb 2017 was marriage certificate, child birth certificate, any bills on both names on, council tax letter and any NHS documents in which we all are on the same address.
Hi Ashak,
thank you for your reply as you mention in your post you came in this country Sep 2006 and you applied set LR in July 2016 so technically you are short 2 months in your completion of 10 years as per my understanding.

ashak
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Re: ILR 10 year Long residence route

Post by ashak » Mon Apr 10, 2017 11:44 am

That was when the case was applied but my BioMetric was done in Oct 2016. I believe the case starts from the Biometric. The issue is Deception, while it is on my history will I be able to achieve the ILR ? Also why HO is taking too much of time to process and asking for more docs is something positive or just regular thing.

As deception attracts automatic refusal I was expecting that HO will refuse me on the basis of deception do you think is there any good as they have taken more than enough time to process ?

Moon84
Junior Member
Posts: 61
Joined: Sun Jul 17, 2016 8:53 am

Re: ILR 10 year Long residence route

Post by Moon84 » Mon Apr 10, 2017 11:54 am

ashak wrote:That was when the case was applied but my BioMetric was done in Oct 2016. I believe the case starts from the Biometric. The issue is Deception, while it is on my history will I be able to achieve the ILR ? Also why HO is taking too much of time to process and asking for more docs is something positive or just regular thing.

As deception attracts automatic refusal I was expecting that HO will refuse me on the basis of deception do you think is there any good as they have taken more than enough time to process ?
Hi Ashak,
as your all appeals exhaust so that is not positive sign in your case but you have family in UK so might be they give you discretionary leave on private life and due to your length of stay in UK. finger cross and good luck. stay positive.

ashak
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Re: ILR 10 year Long residence route

Post by ashak » Mon Apr 10, 2017 1:05 pm

Thanks Moon..

Could anyone else share their expert opinion in regards to my case ?

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CR001
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Re: ILR 10 year Long residence route

Post by CR001 » Mon Apr 10, 2017 1:34 pm

ashak wrote:That was when the case was applied but my BioMetric was done in Oct 2016. I believe the case starts from the Biometric.
No it doesn't. Date of application is the date you posted your application to HO in July.
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ashak
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Re: ILR 10 year Long residence route

Post by ashak » Mon Apr 10, 2017 1:39 pm

If thats the case then why it was not rejected immediately ..

ashak
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Tier 1 G ext, appeal and JR refused - Set LR applied

Post by ashak » Sun Oct 01, 2017 5:48 pm

I have the similar case .. I came in Sep 2006 as a student applied for T1 General 2011, My wife came in this country in July 2014 and a baby born in UK on July 2015.

1- Refused - Reason: income docs not provided
2- Appealed - Won the appeal in 2011 as docs was in the same envolpe
3- HMRC - Contacted me to pay underpaid tax for the employment 2010-2011 which income I used for T1-G
4- HMRC - Paid underpaid tax which was around £3000
5- T1-G ext - 2014
4- Refused - Reason: Company which I worked in 2010 never traded and the employment is non geniune (322(2) discreetion)
5- Appealed - FTT - Refused - I provided payslips, P45A stamped by HMRC, Tax doc from HMRC showing income from the same company period 2010-11, evidence of underpaid tax for the same company
6- Appealed - UTT - Refused - without any hearing nothing discussed as FTT decision stand
7- Appealed - JR - Refused - without any hearing nothing discussed as FTT decision stand
8- Application- SET(LR) posted on July 2016
9- BioMetric - Wife's after few weeks, mine not done as the payment could not be taken as balance went low
10-Biometric - My biometric was taken in Oct 16 after the clear payment
11- UKVI - Sent me a letter of complexity in Dec 2016 and gave me a decision date of June 17
12- UKVI - Contacted to provide evidence of my wife or any baby living with me

so far there is no update yet as there is no outcome yet. Not sure what will I get, I worked for the company 2010-11 and as far as I know the tax should have been paid as HMRC asked me to pay underpaid tax for my employment no the whole amount of tax. After my T1-G I worked for very big MNC and blue chip companies as an IT consultant.

Please advise if any Gurus can ?

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CR001
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Re: ILR refused

Post by CR001 » Sun Oct 01, 2017 6:03 pm

What date did your Tier 1 General expire?
Char (CR001 not Casa)
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ashak
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Re: ILR refused

Post by ashak » Sun Oct 01, 2017 6:07 pm

July 2014

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Re: ILR refused

Post by CR001 » Sun Oct 01, 2017 6:14 pm

You have been an overstayer since that date as you exhausted all appeal options and therefore do not have 10 years legal residence.

You would have needed the JR to be successful for the overstay to be disregarded. Your section 3C protection ended at the UTT stage. JR comes under the Judiciary system not the immigration system.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

ashak
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Re: ILR refused

Post by ashak » Sun Oct 01, 2017 6:33 pm

As far as I know if I put an ILR application within 14 days the overstayer will be disregarded and if its not then what are they doing with my application from July 2016 till date ?

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Re: ILR refused

Post by CR001 » Sun Oct 01, 2017 6:35 pm

It would be helpful if you listed the exact dates for all of these if you expect anyone to offer useful advice.
5- T1-G ext - 2014
4- Refused - Reason: Company which I worked in 2010 never traded and the employment is non geniune (322(2) discreetion)
5- Appealed - FTT - Refused - I provided payslips, P45A stamped by HMRC, Tax doc from HMRC showing income from the same company period 2010-11, evidence of underpaid tax for the same company
6- Appealed - UTT - Refused - without any hearing nothing discussed as FTT decision stand
7- Appealed - JR - Refused - without any hearing nothing discussed as FTT decision stand
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: ILR refused

Post by CR001 » Sun Oct 01, 2017 6:35 pm

ashak wrote:
Sun Oct 01, 2017 6:33 pm
As far as I know if I put an ILR application within 14 days the overstayer will be disregarded
Within 14 days of what??
Char (CR001 not Casa)
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Re: ILR refused

Post by ashak » Sun Oct 01, 2017 6:58 pm

5- T1-G ext - 05-July-2014
4- Refused - 27-04-15 - Reason: Company which I worked in 2010 never traded and the employment is non geniune (322(2) discreetion)
5- Appealed - FTT - 11-09-15- Refused - I provided payslips, P45A stamped by HMRC, Tax doc from HMRC showing income from the same company period 2010-11, evidence of underpaid tax for the same company
6- Appealed - UTT - 04-03-16 - Refused - without any hearing nothing discussed as FTT decision stand
7- Appealed - JR - 27-06-16 - Refused - without any hearing nothing discussed as FTT decision stand

8- Application- SET(LR) posted on 1st week of July 2016 with in 14 days of JR refusal


---

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Re: Tier 1 G ext, appeal and JR refused - Set LR applied

Post by CR001 » Sun Oct 01, 2017 7:04 pm

It is really important that you remember that JR does not give you Section 3C protection and JR is outside of the immigration rules process. Applying 'within 14 days of JR refusal', does not mean overstay is ignored at all.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

ashak
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Re: Tier 1 G ext, appeal and JR refused - Set LR applied

Post by ashak » Sun Oct 01, 2017 7:21 pm

I understand but if I look at the ILR rules page 5 states that overstay will be disregarded if ILR application in placed within 14 days.. Also as I already have 322(1A) and 322(2) then what HO is doing with my Set(LR) application ? it could have rejected straightaway but they asking me for more docs and stretched the case till date.. is there any hope in it ? the proof of burden was put always on me but my provided P45, Payslips and the HMRC tax letter and the HMRC tax receipt were all not taken into consideration at all and my solicitors keep on forcing HO to as the burden of proof should be on them but I had never seen anything against me .. they just said the company never traded .. if they never traded then why HMRC asked me to pay underpaid tax ? and the amount I paid i.e. £3000 where did it go ?

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Re: Tier 1 G ext, appeal and JR refused - Set LR applied

Post by CR001 » Sun Oct 01, 2017 7:28 pm

ILR rules page 5 states that overstay will be disregarded if ILR application in placed within 14 days
Provide the link for this.

The point is your section 3C protection under the immigration rules ended when the UTT refused your application and you then automatically became an overstayer from the date your last visa expired.
Char (CR001 not Casa)
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