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ILR on T1(general)

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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Tension_2016
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Posts: 33
Joined: Thu May 04, 2017 9:09 pm

ILR on T1(general)

Post by Tension_2016 » Thu May 04, 2017 9:36 pm

Hello to all moderators and members:
I need some help if someone please guide me in these matter
I applied ILR on 27 June 2016 and after that I had no response from HO I contact to my local MP and ask him to enquire about my application after 3 weeks time period in March I received a letter for interview which was nearly 1 hour and 55 mints and in interview she asked me 99% questions about my recent application. She didn't ask me a single question about tax or amendments etc I have completed my 10 years in March 2017 now my question is :::
1.if I get rejection on my current application from HO and I proceed it to AR and Then JR and if unfortunately I could not succeed can I apply my new application on LR. Because I know when case is in JR section 3c is not continue anymore. But I have already completed 10 years and still in progress
Kindly response me about my query
Thanks

poojabhatt
Newbie
Posts: 41
Joined: Wed Mar 27, 2013 3:03 pm

Re: ILR on T1(general)

Post by poojabhatt » Thu May 04, 2017 9:57 pm

If you have completed 10 years, Vary your leave to remain under Long residency as soon as possible.

If for any reason the ILR is rejected (I hope it doesn't), you will get appeal rights and you will be covered under section 3c and you can continue to work.

Good luck!

Tension_2016
Newbie
Posts: 33
Joined: Thu May 04, 2017 9:09 pm

Re: ILR on T1(general)

Post by Tension_2016 » Thu May 04, 2017 10:12 pm

Thank you phoojabhatt for reply me but I don't want to vary my application because my wife and son doesn't completed 10 years and I apply their ilr application with me on as a dependent of tier 1 general because they have just completed 7 years in uk . And if I vary my application now can I get application fees back and which application I use for my son and wife and
But my question is still same if I don't win JR Can I apply on LR basis or my long residency will be broken

Thanks

Tension_2016
Newbie
Posts: 33
Joined: Thu May 04, 2017 9:09 pm

Re: ILR on T1(general)

Post by Tension_2016 » Thu May 04, 2017 11:25 pm

Any moderators please answer my query
Thanks

jt897142
Newly Registered
Posts: 21
Joined: Fri Jun 10, 2016 11:34 am

Re: ILR on T1(general)

Post by jt897142 » Fri May 05, 2017 11:00 am

Tension_2016 wrote:Thank you phoojabhatt for reply me but I don't want to vary my application because my wife and son doesn't completed 10 years and I apply their ilr application with me on as a dependent of tier 1 general because they have just completed 7 years in uk . And if I vary my application now can I get application fees back and which application I use for my son and wife and
But my question is still same if I don't win JR Can I apply on LR basis or my long residency will be broken

Thanks
Tension_2016,

As far as I know if you loose JR, you will become an overstayer and your continuity will break too, Senior members please correct me if wrong.

+ You are lucky that you have completed 10 years and eligible for LR. (Many of us while have applied for ILR under T1G route and waiting since/more than a year are not that lucky as they have not completed 10 years yet.)

my advice is, vary your application for LR unless you are 100% sure that your current application will be approved. as poojabhatt mention your 3c will retain under LR route.

choice is yours. :)

Good Luck.

Tension_2016
Newbie
Posts: 33
Joined: Thu May 04, 2017 9:09 pm

Re: ILR on T1(general)

Post by Tension_2016 » Fri May 05, 2017 2:25 pm

poojabhatt wrote:If you have completed 10 years, Vary your leave to remain under Long residency as soon as possible.

If for any reason the ILR is rejected (I hope it doesn't), you will get appeal rights and you will be covered under section 3c and you can continue to work.

Good luck!
Thanks for reply yesterday I spoke to barrister he told me the reason for delaying the application is HO filed a case in court of appeal against the amendments to declare it deception 3 or hearing has been done and yesterday was last hearing HO is waiting for the decision becz of this all LR and tier 1 application are on hold if someone has a information please share it

Thanks

vut88
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Joined: Sun Nov 06, 2016 2:33 am

Re: ILR on T1(general)

Post by vut88 » Fri May 05, 2017 9:57 pm

Let us know the outcome if you know about this please

Tension_2016
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Posts: 33
Joined: Thu May 04, 2017 9:09 pm

Re: ILR on T1(general)

Post by Tension_2016 » Fri May 05, 2017 10:23 pm

vut88 wrote:Let us know the outcome if you know about this please
Yes VUtt88 I will update it as I received any information about it

Tension_2016
Newbie
Posts: 33
Joined: Thu May 04, 2017 9:09 pm

Re: ILR on T1(general)

Post by Tension_2016 » Fri May 05, 2017 10:29 pm

I want to ask if I get refused my ilr application in tier 1 general and after I apply LR on my 10 years for continuity of LR but the same time can I go for JR to challenge HO in previous application refusal
Thanks

monty87
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Posts: 103
Joined: Thu Jun 02, 2016 10:05 am

Re: ILR on T1(general)

Post by monty87 » Sat May 06, 2017 2:04 am

Tension_2016 wrote:I want to ask if I get refused my ilr application in tier 1 general and after I apply LR on my 10 years for continuity of LR but the same time can I go for JR to challenge HO in previous application refusal
Thanks
Yes you can. You can apply in any other category with 14 days of your refusal and challenge tier 1 general at the same time.

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Casa
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Re: ILR on T1(general)

Post by Casa » Sat May 06, 2017 8:34 am

Bear in mind that the same issues with tax amendments will be raised if applying under LR. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

vut88
Newbie
Posts: 39
Joined: Sun Nov 06, 2016 2:33 am

Re: ILR on T1(general)

Post by vut88 » Sun May 07, 2017 1:45 am

But if he apply for LR he will get appeal right and he can continue his job.

Tension_2016
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Posts: 33
Joined: Thu May 04, 2017 9:09 pm

Re: ILR on T1(general)

Post by Tension_2016 » Mon May 08, 2017 9:57 pm

[
monty87 wrote:
Tension_2016 wrote:I want to ask if I get refused my ilr application in tier 1 general and after I apply LR on my 10 years for continuity of LR but the same time can I go for JR to challenge HO in previous application refusal
Thanks
Yes you can. You can apply in any other category with 14 days of your refusal and challenge tier 1 general at the same time.
If I apply for FLR(HRO) do I need to pay health surcharge because I don't want to apply on LR the reason is my friend apply on LR he received questionnaire which Tier 1 general has received about amendments etc
So if I apply on HRO to continue my legal stay I have already completed 10 years in March 2017 but I want to apply JR in case my application which is under process of Ilr on Tier 1 (general)
I had the amendments but I did it before I apply for iLR and I Had a interview in 4th April but she questioned me all about my current application business etc not a question about amendments etc or tax
My family and son is with me from last 7 years
So is this right to apply on basis of FLR (HRO)
Thanks

vut88
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Posts: 39
Joined: Sun Nov 06, 2016 2:33 am

Re: ILR on T1(general)

Post by vut88 » Tue May 09, 2017 4:23 am

But when you apply for ILR later they will still check your previous Visas, I think.

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Casa
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Re: ILR on T1(general)

Post by Casa » Tue May 09, 2017 7:04 am

vut88 wrote:But when you apply for ILR later they will still check your previous Visas, I think.
They will make the same checks for each application. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

honey2008
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Re: ILR on T1(general)

Post by honey2008 » Tue May 09, 2017 7:12 am

Very strange thinking that switching to another category will ensure the NO CHECKS on previous TAX AFFAIRS/applications !!!! there :idea: :idea: :idea:

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