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SET(LR) after ILR through Tier 1 General Refused
Posted: Tue Feb 27, 2018 5:51 pm
by lastresort
Hi All,
I applied for ILR through Tier 1 General route last year which was refused because of tax amendments (322(5) applied) after which I applied for administrative review which HO have refused yesterday as well. My Tier 1 G visa expired 2 months ago while the ILR application was in process.I have completed 10 years a couple of months ago.
1) My questions is if I now apply for visa through 10 year route, will my leave 3c stay valid? I know HO could refuse the 10 years application for the same reason but I just wanted to know will I still be eligible to work or not.
2)Also if my 10 year applications gets refused as well, will I get a chance of appeal?
Kindly advise as soon as possible.
Re: SET(LR) after ILR through Tier 1 General Refused
Posted: Tue Feb 27, 2018 9:53 pm
by donny123
Hi Lastresort
As far as I know you don’t have 3c leave now, which finished with AR refusal, you can apply for ilr LR but I think they will not give appeal right but you can do judicial report, I have exactly same situation, I have already applied for LR, though few solicitors confused me that someone saying go JR with previous decision and someone saying apply ILR LR then do JR against previous decision, which I did, I applied LR and preparing to do PAP to HO against last decision, I don’t know why they refused your application but they refused my application because of that I declared earnings later than intitial return time but still that was HMRC’s 1 year time limit and there was no tax due.
Re: SET(LR) after ILR through Tier 1 General Refused
Posted: Tue Feb 27, 2018 11:09 pm
by zimba
1) My questions is if I now apply for visa through 10 year route, will my leave 3c stay valid? I know HO could refuse the 10 years application for the same reason but I just wanted to know will I still be eligible to work or not.
Your section 3C protection has now ended as AR is concluded. You get 14 days to apply for a new application. However SET(LR) will lead to the same refusal due to tax amendments
2)Also if my 10 year applications gets refused as well, will I get a chance of appeal?
Probably
Re: SET(LR) after ILR through Tier 1 General Refused
Posted: Wed Feb 28, 2018 12:48 am
by lastresort
Hi Donny,
Thanks very much for the clarification. I now understand my current situation. So I must do the same as you did to apply for ILR (LR) and submit a PAP against the current decision.
@@Zimba thanks for the help.
However I am still not sure about the answer of my second question.
2)Also if my 10 year applications gets refused as well, will I get a chance of appeal?
Has anyone else been in similar situation and got the chance of appeal?
I will also request the other moderators of this group to put some light and advise.
Thanks in advance.
Re: SET(LR) after ILR through Tier 1 General Refused
Posted: Wed Feb 28, 2018 9:58 am
by ILR2015-2016
lastresort wrote: ↑Wed Feb 28, 2018 12:48 am
Hi Donny,
Thanks very much for the clarification. I now understand my current situation. So I must do the same as you did to apply for ILR (LR) and submit a PAP against the current decision.
@@Zimba thanks for the help.
However I am still not sure about the answer of my second question.
2)Also if my 10 year applications gets refused as well, will I get a chance of appeal?
Has anyone else been in similar situation and got the chance of appeal?
I will also request the other moderators of this group to put some light and advise.
Thanks in advance.
dont go for jR instead apply LR. if you have family here then they will give you in country appeal right.