Set LR and previous breach

Luluokis29 · Post by **Luluokis29** » Thu Feb 20, 2020 12:57 am

I am in the same situation please. I am so scared to apply. I also had a breach in 2011. I entered the UK in April 2010 on a student visa, which expired in July 2013. I however applied to vary leave to spouse visa in March 2013. This was refused on paragraph 322, no right of appeal as I still had leave left but visa wasn't curtailed. I reapplied on FLR fp before visa was expired, refused again but with a right of appeal. Appeal won on human right grounds and 2nd visa issued untill 2018. Applied for spouse visa in 2018 and got it till Aug 2020. I am however eligible for 10 yr ILR in March. What do I do? Will my previous breach affect me???

Luluokis29 · Post by **Luluokis29** » Thu Feb 20, 2020 1:06 am

Luluokis29 wrote: ↑
Thu Feb 20, 2020 12:57 am
I am in the same situation please. I am so scared to apply. I also had a breach in 2011. I entered the UK in April 2010 on a student visa, which expired in July 2013. I however applied to vary leave to spouse visa in March 2013. This was refused on paragraph 322, no right of appeal as I still had leave left but visa wasn't curtailed. I reapplied on FLR fp before visa was expired, refused again but with a right of appeal. Appeal won on human right grounds and 2nd visa issued untill 2018. Applied for spouse visa in 2018 and got it till Aug 2020. I am however eligible for 10 yr ILR in March. What do I do? Will my previous breach affect me???

Please seniors helpp

zimba · Post by **zimba** » Thu Feb 20, 2020 2:52 am

DO NOT tag your question on someone's post

Advice remains the same as before. Breach in the last 10 years leads to refusal under long residence

Luluokis29 · Post by **Luluokis29** » Thu Feb 20, 2020 8:21 am

I entered the UK in April 2010 on a student visa, which expired in July 2013. I however applied to vary leave to spouse visa in March 2013. This was refused on paragraph 322, no right of appeal as I still had leave left but visa wasn't curtailed. I reapplied on FLR fp before visa was expired, returned as invalid (out of date) even though it was in date. Applied for a SAR and I found evidence to suggest a mistake has been made. I then did a PAP threatening a judicial review, application was resurrected, reconsidered, refused again but with a right of appeal. Appeal won on human right grounds and 2nd visa issued untill 2018. Applied for spouse visa in 2018 and got it till Aug 2020. I am however eligible for 10 yr ILR in March. What do I do? Will my previous breach affect me??? If it will, what is my best option now. I have a British spouse and 2 British kids. Current spouse visa expires in August 2020. Please kindly help moderators. I am losing sleep over this. My friend says I have "nothing" to worry about as she was refused ILR due to tax issues and accused of deception later got ILR when she varied her application to SET LR. I do not want to lose my money or get offered 30 months again...really confused!!

zimba · Post by **zimba** » Fri Feb 21, 2020 1:39 am

Zimba wrote: ↑
Thu Feb 20, 2020 2:52 am
DO NOT tag your question on someone's post
Advice remains the same as before. Breach in the last 10 years leads to refusal under long residence

Extend under family route as usual.

Luluokis29 · Post by **Luluokis29** » Fri Feb 21, 2020 1:42 am

Zimba wrote: ↑
Fri Feb 21, 2020 1:39 am

Zimba wrote: ↑
Thu Feb 20, 2020 2:52 am
DO NOT tag your question on someone's post
Advice remains the same as before. Breach in the last 10 years leads to refusal under long residence
Extend under family route as usual.

Thanks so much Zimba. So will I be able to apply for ILR after a further 30 months and be okay? Or I should attempt SET LR in 2021 as the breach hapoened in 2011?

zimba · Post by **zimba** » Fri Feb 21, 2020 1:51 am

Try in 2021

Zayn121 · Post by **Zayn121** » Sun Feb 23, 2020 6:07 pm

I am waiting for mine applied in jan any update i will post
Thanks

Luluokis29 · Post by **Luluokis29** » Sun Feb 23, 2020 6:09 pm

Zayn121 wrote: ↑
Sun Feb 23, 2020 6:07 pm
I am waiting for mine applied in jan any update i will post
Thanks

Did u apply under normal standard??

Zayn121 · Post by **Zayn121** » Sun Feb 23, 2020 6:12 pm

Normal there is no point paying extra they will never answer me sameday so I thought just apply normal

Luluokis29 · Post by **Luluokis29** » Sun Feb 23, 2020 6:14 pm

Zayn121 wrote: ↑
Sun Feb 23, 2020 6:12 pm
Normal there is no point paying extra they will never answer me sameday so I thought just apply normal

Okay
That makes perfect sense. I just pray it all goes well for you and that the caseworker exercise discretion in your case! At least that will give me hope as well.

Zayn121 · Post by **Zayn121** » Fri May 22, 2020 3:25 pm

Hi bro just quick update i got email today my ilr approved

Luluokis29 · Post by **Luluokis29** » Fri May 22, 2020 3:33 pm

This is wonderful news...I pray mine gets approved too..wow

ssasi2020 · Post by **ssasi2020** » Thu Jul 23, 2020 11:52 pm

Luluokis29 wrote: ↑
Thu Feb 20, 2020 8:21 am
I entered the UK in April 2010 on a student visa, which expired in July 2013. I however applied to vary leave to spouse visa in March 2013. This was refused on paragraph 322, no right of appeal as I still had leave left but visa wasn't curtailed. I reapplied on FLR fp before visa was expired, returned as invalid (out of date) even though it was in date. Applied for a SAR and I found evidence to suggest a mistake has been made. I then did a PAP threatening a judicial review, application was resurrected, reconsidered, refused again but with a right of appeal. Appeal won on human right grounds and 2nd visa issued untill 2018. Applied for spouse visa in 2018 and got it till Aug 2020. I am however eligible for 10 yr ILR in March. What do I do? Will my previous breach affect me??? If it will, what is my best option now. I have a British spouse and 2 British kids. Current spouse visa expires in August 2020. Please kindly help moderators. I am losing sleep over this. My friend says I have "nothing" to worry about as she was refused ILR due to tax issues and accused of deception later got ILR when she varied her application to SET LR. I do not want to lose my money or get offered 30 months again...really confused!!

Hi, i just saw your post and case is bit similar to mine. When u said your spouse visa was refused for 322 breach, what breach was it exactly and how did they discover it?
Thanks

Luluokis29 · Post by **Luluokis29** » Thu Jul 23, 2020 11:56 pm

Breach 322 (breaking a condition attached to leave).in my case, it was working more than 20hrs as a student. My income made them question me at the time.
Lucia

ssasi2020 · Post by **ssasi2020** » Fri Jul 24, 2020 12:05 am

Luluokis29 wrote: ↑
Thu Jul 23, 2020 11:56 pm
Breach 322 (breaking a condition attached to leave).in my case, it was working more than 20hrs as a student. My income made them question me at the time.
Lucia

So they checked internally and discovered it by themselves or you presented your income on bank statement to them to meet income requirement for spouse visa then they raised the question how you have this much income if you are student and only working 20 hours a week?

Luluokis29 · Post by **Luluokis29** » Fri Jul 24, 2020 4:54 am

Yes correct. After presentation of payslips and bank statements!

ssasi2020 · Post by **ssasi2020** » Fri Jul 24, 2020 7:23 am

Luluokis29 wrote: ↑
Fri Jul 24, 2020 4:54 am
Yes correct. After presentation of payslips and bank statements!

Ok. Do you know anything about ' Zayn121 ' breach. Was it discovered through payslip and banks statement that he presented when he applied for spouse visa? I would have asked him but his page is locked.
I saw update from him and his ilr was approved.

Luluokis29 · Post by **Luluokis29** » Fri Jul 24, 2020 8:26 am

No I don't how his was discovered but what does it matter? Breach is breach! What's your story? Really chuffed for him and his case has given me hope too.

CR001 · Post by **CR001** » Fri Jul 24, 2020 9:17 am

Luluokis29 wrote: ↑
Fri Jul 24, 2020 8:26 am
No I don't how his was discovered but what does it matter? Breach is breach! What's your story? Really chuffed for him and his case has given me hope too.

Read the users story to avoid everything being repeated again!!

https://www.immigrationboards.com/indef ... 03734.html

When you make an application for ILR to UKVI, they check your full HMRC history, which is how they would find out if you worked in breached if your visa conditions.

ssasi2020 · Post by **ssasi2020** » Fri Jul 24, 2020 2:16 pm

CR001 wrote: ↑
Fri Jul 24, 2020 9:17 am

Luluokis29 wrote: ↑
Fri Jul 24, 2020 8:26 am
No I don't how his was discovered but what does it matter? Breach is breach! What's your story? Really chuffed for him and his case has given me hope too.
Read the users story to avoid everything being repeated again!!

https://www.immigrationboards.com/indef ... 03734.html

When you make an application for ILR to UKVI, they check your full HMRC history, which is how they would find out if you worked in breached if your visa conditions.

Ok. Apparantly, zyan121, set lr was approved, knowing he breached the condition, did ukvi used discretion then.

Luluokis29 · Post by **Luluokis29** » Fri Jul 24, 2020 2:22 pm

Well that would be the only explanation in his case!

ssasi2020 · Post by **ssasi2020** » Fri Jul 24, 2020 2:46 pm

CR001 wrote: ↑
Fri Jul 24, 2020 9:17 am

Luluokis29 wrote: ↑
Fri Jul 24, 2020 8:26 am
No I don't how his was discovered but what does it matter? Breach is breach! What's your story? Really chuffed for him and his case has given me hope too.
Read the users story to avoid everything being repeated again!!

https://www.immigrationboards.com/indef ... 03734.html

When you make an application for ILR to UKVI, they check your full HMRC history, which is how they would find out if you worked in breached if your visa conditions.

Sorry i tagged you again on this. Just one question, will this apply to set m too. Or they check only for last 5 years for set m. Thanks

Luluokis29 · Post by **Luluokis29** » Fri Jul 24, 2020 2:49 pm

I took the risk. I have applied for set LR. There is a delay due to the covid 19

ssasi2020 · Post by **ssasi2020** » Fri Jul 24, 2020 8:41 pm

Luluokis29 wrote: ↑
Fri Jul 24, 2020 2:49 pm
I took the risk. I have applied for set LR. There is a delay due to the covid 19

Best of luck. Even if they refuse set lr, i think they will consider under 10 years route and ask you to pay ihs but you can vary to 5 year spouse soon after paying ihs, so they don't decide it and vary is still applicable.
This is what one solicitor suggested me in the event of set lr refusal. I am not sure how practical this is though.

I would really appreciate if any seniors would give their second thought especially on that vary part whether thats possible?

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