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SET LR advice

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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bruteforce
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Re: SET LR advice

Post by bruteforce » Sat Jul 25, 2020 10:56 pm

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 6:51 am
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.

ssasi2020
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Re: SET LR advice

Post by ssasi2020 » Mon Jul 27, 2020 6:17 pm

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.

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seagul
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Re: SET LR advice

Post by seagul » Mon Jul 27, 2020 7:07 pm

ssasi2020 wrote:
Mon Jul 27, 2020 6:17 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.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

ssasi2020
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Re: SET LR advice

Post by ssasi2020 » Mon Jul 27, 2020 7:42 pm

seagul wrote:
Mon Jul 27, 2020 7:07 pm
ssasi2020 wrote:
Mon Jul 27, 2020 6:17 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?

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seagul
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Re: SET LR advice

Post by seagul » Mon Jul 27, 2020 7:53 pm

ssasi2020 wrote:
Mon Jul 27, 2020 7:42 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.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

ssasi2020
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Re: SET LR advice

Post by ssasi2020 » Mon Jul 27, 2020 7:59 pm

seagul wrote:
Mon Jul 27, 2020 7:53 pm
ssasi2020 wrote:
Mon Jul 27, 2020 7:42 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.

ssasi2020
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Re: SET LR advice

Post by ssasi2020 » Tue Jul 28, 2020 4:20 pm

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.

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seagul
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Re: SET LR advice

Post by seagul » Tue Jul 28, 2020 8:25 pm

ssasi2020 wrote:
Tue Jul 28, 2020 4:20 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.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

ssasi2020
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Re: SET LR advice

Post by ssasi2020 » Tue Jul 28, 2020 9:36 pm

seagul wrote:
Tue Jul 28, 2020 8:25 pm
ssasi2020 wrote:
Tue Jul 28, 2020 4:20 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

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CR001
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Re: SET LR advice

Post by CR001 » Tue Jul 28, 2020 9:44 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.
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.

ssasi2020
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Re: SET LR advice

Post by ssasi2020 » Tue Jul 28, 2020 9:56 pm

CR001 wrote:
Tue Jul 28, 2020 9:44 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.

ssasi2020
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Re: SET LR advice

Post by ssasi2020 » Wed Jul 29, 2020 2:00 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

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CR001
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Re: SET LR advice

Post by CR001 » Wed Jul 29, 2020 2:02 pm

ssasi2020 wrote:
Wed Jul 29, 2020 2:00 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.
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.

ssasi2020
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Re: SET LR advice

Post by ssasi2020 » Wed Jul 29, 2020 2:18 pm

CR001 wrote:
Wed Jul 29, 2020 2:02 pm
ssasi2020 wrote:
Wed Jul 29, 2020 2:00 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) .

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seagul
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Re: SET LR advice

Post by seagul » Wed Jul 29, 2020 3:17 pm

Have you ever requested your employment history from HMRC or checked by yourself by registering online? Does your tax visible during 2013?
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

ssasi2020
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Re: SET LR advice

Post by ssasi2020 » Wed Jul 29, 2020 4:16 pm

seagul wrote:
Wed Jul 29, 2020 3:17 pm
Have you ever requested your employment history from HMRC or checked by yourself by registering online? Does your tax visible during 2013?
No, but i have looked online , it doesn't let me see more than 5 year old tax record. However, i can see ni contribution and it says "contribution from paid employment".
They were using personal allowance anyway so iam sure hmrc will have some record.
If they check and discover breach I am not sure how likely they will go through all the question i answered in the past and discovere related to breach and class my refusal for deception.
If they put me for deception, what will be the successful date for next set lr, 2023 or 2030?

ssasi2020
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Re: SET LR advice

Post by ssasi2020 » Wed Jul 29, 2020 7:38 pm

Hi guys,
After long consideration i am more inclined to go for flr fp (parent ) extension rather than set lr.
Will past breach ( may 2013)affect my march 2023 set m application.
Am i going for a safer option?
Please advise me. Thank you.

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seagul
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Re: SET LR advice

Post by seagul » Wed Jul 29, 2020 8:24 pm

ssasi2020 wrote:
Wed Jul 29, 2020 7:38 pm

Will past breach ( may 2013)affect my march 2023 set m application.
I don't think anybody will be able to foretell it because nearly all applications incorporate an indispensable question "have you ever breached the condition of your visa". Means you will have to keep replying spuriously which might propel several new vulnerabilities over your future applications.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

ssasi2020
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Re: SET LR advice

Post by ssasi2020 » Wed Jul 29, 2020 8:53 pm

seagul wrote:
Wed Jul 29, 2020 8:24 pm
ssasi2020 wrote:
Wed Jul 29, 2020 7:38 pm

Will past breach ( may 2013)affect my march 2023 set m application.
I don't think anybody will be able to foretell it because nearly all applications incorporate an indispensable question "have you ever breached the condition of your visa". Means you will have to keep replying spuriously which might propel several new vulnerabilities over your future applications.
Fair point, but there isn't such question. in fact , even in set lr online form there isn't, It was on paper form though.
Anyway, i feel set m will be more safer than set lr? Any thoughts?

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seagul
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Re: SET LR advice

Post by seagul » Wed Jul 29, 2020 9:18 pm

ssasi2020 wrote:
Wed Jul 29, 2020 8:53 pm

Anyway, i feel set m will be more safer than set lr? Any thoughts?
I guess yes
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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