Shogun75 wrote:zen135 wrote:I would advise you to appeal this refusal in the same way as you did for your initial Tier 1 application but also add an additional ground (that you also qualify for ILR under the 10 year Long Residence rules) to be considered at appeal as a further backup.
If you send an ILR application under the Long Residence rules now while you have an outstanding appeal, it would be voided and the fees refunded but it might be beneficial in your case as this application would be linked to your current appeal and sent to the presenting officers unit dealing with your appeal to be taken into consideration. See pg.25 of the guidance below for detailed information:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Also, remember that you can apply for a fresh ILR application under the Long Residence rules within 28 days of the expiry of your 3C/3D leave after a decision has been made on your current appeal.
Hello,
I think your advices are so relevant...
I just want to ask you just few more questions. I applied for ILR under the Long Residence with original P60's dating back to 2002-2003 as well as Life In the UK test certificate as supporting docs. I did explain that I've got an appeal pending and that was the reason why my passports (expired+current) were not included in the application pack. I was expecting the application to be voided and a copy of the application form transferred to the UKBA Presenting Officer (POU) as additional grounds for appeal and the fees refunded accordingly. However, 3 weeks after the application, I was requested to resubmit biometrics which I did. That means I've currently got 2 set of biometrics with the UKBA. Now, more than 1 month down the line the application has not been voided yet and the application fees not been refunded, contrary to the published process. I'm not sure I fully understand what's going on with the UKBA. Any ideas? I qualified for ILR in Sep2012, i.e. well before the Tier 1 application was submitted. Unfortunately, I didn't receive the right advice at the time...
Hello,
Up till now, I neither received any ILR (LR) application fees refund nor an ICD 3207 telling me that they've merged both applications.
I did receive a fax from UKBA explaining that the Section 47 - Removal Directions initially issued were "unlawful" and therefore "withdrawn".
The Grounds of Appeal were based on the fact that the UKBA failed to apply "evidential flexibility" and didn't request Business Bank statements, Managements Accounts and Invoices whilst knowing that profit were retained into the business, i.e. Gross dividend declared, tax paid on them but Net dividend retained in Business Bank Account. I hold 100% of shares and therefore qualified for both "employed" and "self-employed".
Earlier this month, I attended the Appeal Hearing armed with the originals of 300 pages of financial statements, tax documents, Commercial Insurance Policies (Professional Indemnity, Employer's & Public Liability) as well as Companies House document and the UKBA own previous decisions which shows the inconsistencies in the treatment of my applications.
It should be noted that I submitted all of these 2 years ago, in the Initial "Tier 1 - G" but the UKBA overlooked the whole lot and refused the application because the Accountant letter was showing Gross Salaries instead of Gross + Net. I believe, this was a harsh but correct decision 2 years ago. The decision was eventually overturned on appeal after submitting the correct "format" of accountant letter (and "wasting" almost £2,000 worth of Legal expenses).
The UKBA representative did turn up at the Appeal Hearing but unfortunately requested an adjournment to "review their decision because they hadn't had time to consult the files in the appeal bundle". They did not mention anything about ILR (LR) or whether they will allow the variation of leave.
I don't want to sound cynical but I just have the impression that it's yet another attempt to waste time and depress me by incurring additional expenses and reduce my ability to sign new contracts, i.e. no passport to show prospective clients in order to demonstrate eligibility to work in UK.
Has anyone experienced similar situation? What was the outcome?
. I've just sent a completed SET(LR) form to the UKBA with all the original P60's for the Tax Years 2002-2003 to 2012-2013 as well as Company official documents and UK-Born Birth Certificate. 
