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SET (O) to LR

Posted: Mon Feb 06, 2017 12:30 pm
by iworker
Asking for a friend.
Applied Set (o) in June 2016 following tier 1 gen.
Amendments made for 2011, on installments with hmrc for re-payments.
Declared everything in application.
August 2016, completed 10 years.
No decision till now.
Is it beneficial to vary application to LR, to gain working rights during appeal process, if and when the application is rejected.
The other way is, wait for the outcome now, then apply with 14 days of rejection to LR and then take the appeal route. Would section 3c still be valid?

Thanks.

Re: SET (O) to LR

Posted: Mon Feb 06, 2017 1:04 pm
by CR001
iworker wrote:Is it beneficial to vary application to LR, to gain working rights during appeal process, if and when the application is rejected. The same checks will be done re tax.

The other way is, wait for the outcome now, then apply with 14 days of rejection to LR and then take the appeal route. Would section 3c still be valid? If his visa has expired, he could have a problem with continuing 3c.

Thanks.

Re: SET (O) to LR

Posted: Mon Feb 06, 2017 1:59 pm
by iworker
CR001 wrote:
iworker wrote:Is it beneficial to vary application to LR, to gain working rights during appeal process, if and when the application is rejected. The same checks will be done re tax. Absolutely. Hence even more likely to be rejected considering he is flagging up that i have done something wrong.
However the reason of varying now, while the decision is still pending is, to get onto LR route so when he gets the rejection, it should have a appeal right, taking him to court appeal process rather than JR route, during which his right of work would not exisit?


The other way is, wait for the outcome now, then apply with 14 days of rejection to LR and then take the appeal route. Would section 3c still be valid? If his visa has expired, he could have a problem with continuing 3c.

Thanks.