Two ILR applications simultaneously

needyourhelp · Post by **needyourhelp** » Tue Mar 06, 2018 4:45 pm

Hi All,

I am in a kind of difficult situation and wondering if someone could help. I applied for ILR through Tier 1 general last year which has been refused due to a minor tax issue and the Admin review has also been refused. I applied to judicially review the decision because the refusal was frankly stupid. The income I declared to HMRC was not exactly same that was declared to HMRC but was more than the income threshold on which I claimed the points. The mismatch was not because of an amendment but was because the income fell in two years. Anyway, the actual question is not to seek guidance on tax matter.

My question is that I have already completed 10 years of legal residence in UK and I was just about to send my application today because my valid leave expires in a few days. However, I received a call from the solicitor that HO have withdrawn their decision in my case and will take a new decision in the next 3 months. I believe this means that my ILR application is still in process. My problem is that if they refuse my application again for an equally silly reason, my leave 3c would end after the administrative review. However, had I made a 10-year ILR (LR) application, my leave 3c would have extended till the conclusion of an appeal against any refusal in upper tribunal. Now my question is, to keep my leave 3c intact, could I also make a 10-year Long Residency application in time before my visa expires, explain to them that they are now reconsidering my original ILR application and ask them to hold this long residency application till a decision has been taken on my original ILR application? I have read it in caseworker’s guidance that you cannot have two applications running at the same time and if someone makes another application, it would vary the first application. Is this correct or am I missing some information here? I don’t really want to get my ILR through Long Residency route because that would restart my wife’s 5 years of residence therefore my first choice is to get it through Tier 1 general. However, I am wondering if making an ILR(LR) application and asking them to hold that is possible?

Thanks a lot for your help.

needyourhelp · Post by **needyourhelp** » Wed Mar 07, 2018 10:30 am

no answers yet. Could someone please help ?

donny123 · Post by **donny123** » Wed Mar 07, 2018 2:30 pm

Hi
I think you should wait to get the decision from Home office as they said they will reconsider your application, if they refuse you again some reason you will have right to administrative review and still you will have opportunity to apply ilr LR or JR, but I think if you apply LR now may be your tier 1 general application will vary and maybe you will need wait long time to get decision from LR application. Still please take advice from seniors or solicitors.

marcnath · Post by **marcnath** » Wed Mar 07, 2018 2:39 pm

needyourhelp wrote: ↑
Tue Mar 06, 2018 4:45 pm
Hi All,

I am in a kind of difficult situation and wondering if someone could help. I applied for ILR through Tier 1 general last year which has been refused due to a minor tax issue and the Admin review has also been refused. I applied to judicially review the decision because the refusal was frankly stupid. The income I declared to HMRC was not exactly same that was declared to HMRC but was more than the income threshold on which I claimed the points. The mismatch was not because of an amendment but was because the income fell in two years. Anyway, the actual question is not to seek guidance on tax matter.

My question is that I have already completed 10 years of legal residence in UK and I was just about to send my application today because my valid leave expires in a few days. However, I received a call from the solicitor that HO have withdrawn their decision in my case and will take a new decision in the next 3 months. I believe this means that my ILR application is still in process. My problem is that if they refuse my application again for an equally silly reason, my leave 3c would end after the administrative review. However, had I made a 10-year ILR (LR) application, my leave 3c would have extended till the conclusion of an appeal against any refusal in upper tribunal. Now my question is, to keep my leave 3c intact, could I also make a 10-year Long Residency application in time before my visa expires, explain to them that they are now reconsidering my original ILR application and ask them to hold this long residency application till a decision has been taken on my original ILR application? I have read it in caseworker’s guidance that you cannot have two applications running at the same time and if someone makes another application, it would vary the first application. Is this correct or am I missing some information here? I don’t really want to get my ILR through Long Residency route because that would restart my wife’s 5 years of residence therefore my first choice is to get it through Tier 1 general. However, I am wondering if making an ILR(LR) application and asking them to hold that is possible?

Thanks a lot for your help.

You can't have two applications at the same time.
Since your current leave is still valid, you can withdraw your T1 ILR application and send in a new ILR (LR) application. You lose the fees paid.
You can also apply to vary your current application to ILR (LR) since the application is not decided. You can ask for a refund of your T1 based ILR.
Lastly, you can wait for this decision and apply for ILR(LR) after the decision comes (if it is still a refusal)

10020132 · Post by **10020132** » Wed Mar 07, 2018 6:06 pm

HI
Marcnath

Why not he must go for same day application for ilr LR so that if he needs to clarify something he can do that

marcnath · Post by **marcnath** » Wed Mar 07, 2018 6:11 pm

10020132 wrote: ↑
Wed Mar 07, 2018 6:06 pm
HI
Marcnath

Why not he must go for same day application for ilr LR so that if he needs to clarify something he can do that

He could but since OP did not ask for that, I assumed he did not want to go for the premium service.

Having said that, it is unlikely that when there are existing complexities such as this, a decision would be made on the same day.

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Two ILR applications simultaneously

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