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ILR 10 year Long residence route

Posted: Mon Apr 10, 2017 10:49 am
by ashak
Hi Gurus,

I applied for 10 year long residency route in July 2016 but have not heard anything yet. UKVI sent me a letter in December that they cannot make decision due to the complexity in my case (see below). In Feb they asked me to send any other relevant docs if my wife is living with me and if there is any children living with me and asked for the evidence that we all living at one place.

Case history:

1- Came in UK Sep 2006 as student
2- Had couple of student extensions till 2011.
3- Applied Tier 1 General in 2011
4- Visa granted in 2012 after fighting in the court
5- Tier 1 general extension applied in 2014 which was refused with deception in 2015 as home office said the company you work for in 2010-2011 never traded so false representation was made.
6- Took case to 1st, 2nd tribunal but they refused too without considering my evidences i.e. tax documents, payslips also lost in JR who did not considered the case.
7- Applied for 10 year long resident route in June 2016
8- Due to payment issues the bio metric went late so my bio metric was done in Oct 2016 but my wife's was done earlier.

So far there is no news. Could you please review and share your views that will I get this ILR ?

Regards

Re: ILR 10 year Long residence route

Posted: Mon Apr 10, 2017 11:09 am
by Moon84
ashak wrote:Hi Gurus,

I applied for 10 year long residency route in July 2016 but have not heard anything yet. UKVI sent me a letter in December that they cannot make decision due to the complexity in my case (see below). In Feb they asked me to send any other relevant docs if my wife is living with me and if there is any children living with me and asked for the evidence that we all living at one place.

Case history:

1- Came in UK Sep 2006 as student
2- Had couple of student extensions till 2011.
3- Applied Tier 1 General in 2011
4- Visa granted in 2012 after fighting in the court
5- Tier 1 general extension applied in 2014 which was refused with deception in 2015 as home office said the company you work for in 2010-2011 never traded so false representation was made.
6- Took case to 1st, 2nd tribunal but they refused too without considering my evidences i.e. tax documents, payslips also lost in JR who did not considered the case.
7- Applied for 10 year long resident route in June 2016
8- Due to payment issues the bio metric went late so my bio metric was done in Oct 2016 but my wife's was done earlier.

So far there is no news. Could you please review and share your views that will I get this ILR ?

Regards
Hi ashak,
could you please explain some more details was you self-employed and you had any tax amendment and why was your initial tier 1 general application refused. and what documents you send to home office regarding your wife and kids. thanks

Re: ILR 10 year Long residence route

Posted: Mon Apr 10, 2017 11:28 am
by ashak
In 2011 I had an employment. I served the payslips and P45 as the employment was not for full 1 year. Also I requested HMRC for my earnings for the year 2010-2011, the document shown me my income and the tax amount. Also, HMRC was chasing me to pay the underpaid tax which was around £3000 between 2012-2013 which I paid.

The documents I sent to home office in Feb 2017 was marriage certificate, child birth certificate, any bills on both names on, council tax letter and any NHS documents in which we all are on the same address.

Re: ILR 10 year Long residence route

Posted: Mon Apr 10, 2017 11:37 am
by Moon84
ashak wrote:In 2011 I had an employment. I served the payslips and P45 as the employment was not for full 1 year. Also I requested HMRC for my earnings for the year 2010-2011, the document shown me my income and the tax amount. Also, HMRC was chasing me to pay the underpaid tax which was around £3000 between 2012-2013 which I paid.

The documents I sent to home office in Feb 2017 was marriage certificate, child birth certificate, any bills on both names on, council tax letter and any NHS documents in which we all are on the same address.
Hi Ashak,
thank you for your reply as you mention in your post you came in this country Sep 2006 and you applied set LR in July 2016 so technically you are short 2 months in your completion of 10 years as per my understanding.

Re: ILR 10 year Long residence route

Posted: Mon Apr 10, 2017 11:44 am
by ashak
That was when the case was applied but my BioMetric was done in Oct 2016. I believe the case starts from the Biometric. The issue is Deception, while it is on my history will I be able to achieve the ILR ? Also why HO is taking too much of time to process and asking for more docs is something positive or just regular thing.

As deception attracts automatic refusal I was expecting that HO will refuse me on the basis of deception do you think is there any good as they have taken more than enough time to process ?

Re: ILR 10 year Long residence route

Posted: Mon Apr 10, 2017 11:54 am
by Moon84
ashak wrote:That was when the case was applied but my BioMetric was done in Oct 2016. I believe the case starts from the Biometric. The issue is Deception, while it is on my history will I be able to achieve the ILR ? Also why HO is taking too much of time to process and asking for more docs is something positive or just regular thing.

As deception attracts automatic refusal I was expecting that HO will refuse me on the basis of deception do you think is there any good as they have taken more than enough time to process ?
Hi Ashak,
as your all appeals exhaust so that is not positive sign in your case but you have family in UK so might be they give you discretionary leave on private life and due to your length of stay in UK. finger cross and good luck. stay positive.

Re: ILR 10 year Long residence route

Posted: Mon Apr 10, 2017 1:05 pm
by ashak
Thanks Moon..

Could anyone else share their expert opinion in regards to my case ?

Re: ILR 10 year Long residence route

Posted: Mon Apr 10, 2017 1:34 pm
by CR001
ashak wrote:That was when the case was applied but my BioMetric was done in Oct 2016. I believe the case starts from the Biometric.
No it doesn't. Date of application is the date you posted your application to HO in July.

Re: ILR 10 year Long residence route

Posted: Mon Apr 10, 2017 1:39 pm
by ashak
If thats the case then why it was not rejected immediately ..

Tier 1 G ext, appeal and JR refused - Set LR applied

Posted: Sun Oct 01, 2017 5:48 pm
by ashak
I have the similar case .. I came in Sep 2006 as a student applied for T1 General 2011, My wife came in this country in July 2014 and a baby born in UK on July 2015.

1- Refused - Reason: income docs not provided
2- Appealed - Won the appeal in 2011 as docs was in the same envolpe
3- HMRC - Contacted me to pay underpaid tax for the employment 2010-2011 which income I used for T1-G
4- HMRC - Paid underpaid tax which was around £3000
5- T1-G ext - 2014
4- Refused - Reason: Company which I worked in 2010 never traded and the employment is non geniune (322(2) discreetion)
5- Appealed - FTT - Refused - I provided payslips, P45A stamped by HMRC, Tax doc from HMRC showing income from the same company period 2010-11, evidence of underpaid tax for the same company
6- Appealed - UTT - Refused - without any hearing nothing discussed as FTT decision stand
7- Appealed - JR - Refused - without any hearing nothing discussed as FTT decision stand
8- Application- SET(LR) posted on July 2016
9- BioMetric - Wife's after few weeks, mine not done as the payment could not be taken as balance went low
10-Biometric - My biometric was taken in Oct 16 after the clear payment
11- UKVI - Sent me a letter of complexity in Dec 2016 and gave me a decision date of June 17
12- UKVI - Contacted to provide evidence of my wife or any baby living with me

so far there is no update yet as there is no outcome yet. Not sure what will I get, I worked for the company 2010-11 and as far as I know the tax should have been paid as HMRC asked me to pay underpaid tax for my employment no the whole amount of tax. After my T1-G I worked for very big MNC and blue chip companies as an IT consultant.

Please advise if any Gurus can ?

Re: ILR refused

Posted: Sun Oct 01, 2017 6:03 pm
by CR001
What date did your Tier 1 General expire?

Re: ILR refused

Posted: Sun Oct 01, 2017 6:07 pm
by ashak
July 2014

Re: ILR refused

Posted: Sun Oct 01, 2017 6:14 pm
by CR001
You have been an overstayer since that date as you exhausted all appeal options and therefore do not have 10 years legal residence.

You would have needed the JR to be successful for the overstay to be disregarded. Your section 3C protection ended at the UTT stage. JR comes under the Judiciary system not the immigration system.

Re: ILR refused

Posted: Sun Oct 01, 2017 6:33 pm
by ashak
As far as I know if I put an ILR application within 14 days the overstayer will be disregarded and if its not then what are they doing with my application from July 2016 till date ?

Re: ILR refused

Posted: Sun Oct 01, 2017 6:35 pm
by CR001
It would be helpful if you listed the exact dates for all of these if you expect anyone to offer useful advice.
5- T1-G ext - 2014
4- Refused - Reason: Company which I worked in 2010 never traded and the employment is non geniune (322(2) discreetion)
5- Appealed - FTT - Refused - I provided payslips, P45A stamped by HMRC, Tax doc from HMRC showing income from the same company period 2010-11, evidence of underpaid tax for the same company
6- Appealed - UTT - Refused - without any hearing nothing discussed as FTT decision stand
7- Appealed - JR - Refused - without any hearing nothing discussed as FTT decision stand

Re: ILR refused

Posted: Sun Oct 01, 2017 6:35 pm
by CR001
ashak wrote:
Sun Oct 01, 2017 6:33 pm
As far as I know if I put an ILR application within 14 days the overstayer will be disregarded
Within 14 days of what??

Re: ILR refused

Posted: Sun Oct 01, 2017 6:58 pm
by ashak
5- T1-G ext - 05-July-2014
4- Refused - 27-04-15 - Reason: Company which I worked in 2010 never traded and the employment is non geniune (322(2) discreetion)
5- Appealed - FTT - 11-09-15- Refused - I provided payslips, P45A stamped by HMRC, Tax doc from HMRC showing income from the same company period 2010-11, evidence of underpaid tax for the same company
6- Appealed - UTT - 04-03-16 - Refused - without any hearing nothing discussed as FTT decision stand
7- Appealed - JR - 27-06-16 - Refused - without any hearing nothing discussed as FTT decision stand

8- Application- SET(LR) posted on 1st week of July 2016 with in 14 days of JR refusal


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Re: Tier 1 G ext, appeal and JR refused - Set LR applied

Posted: Sun Oct 01, 2017 7:04 pm
by CR001
It is really important that you remember that JR does not give you Section 3C protection and JR is outside of the immigration rules process. Applying 'within 14 days of JR refusal', does not mean overstay is ignored at all.

Re: Tier 1 G ext, appeal and JR refused - Set LR applied

Posted: Sun Oct 01, 2017 7:21 pm
by ashak
I understand but if I look at the ILR rules page 5 states that overstay will be disregarded if ILR application in placed within 14 days.. Also as I already have 322(1A) and 322(2) then what HO is doing with my Set(LR) application ? it could have rejected straightaway but they asking me for more docs and stretched the case till date.. is there any hope in it ? the proof of burden was put always on me but my provided P45, Payslips and the HMRC tax letter and the HMRC tax receipt were all not taken into consideration at all and my solicitors keep on forcing HO to as the burden of proof should be on them but I had never seen anything against me .. they just said the company never traded .. if they never traded then why HMRC asked me to pay underpaid tax ? and the amount I paid i.e. £3000 where did it go ?

Re: Tier 1 G ext, appeal and JR refused - Set LR applied

Posted: Sun Oct 01, 2017 7:28 pm
by CR001
ILR rules page 5 states that overstay will be disregarded if ILR application in placed within 14 days
Provide the link for this.

The point is your section 3C protection under the immigration rules ended when the UTT refused your application and you then automatically became an overstayer from the date your last visa expired.

Re: Tier 1 G ext, appeal and JR refused - Set LR applied

Posted: Sun Oct 01, 2017 7:42 pm
by ashak
I am finding the link and will post soon.. If I agree that after UTT my 3C ended then why should they be entertaining my case at all and as they have considered then what will be the outcome ? does the whole scenario take this towards discretionary leave ? .. the case is not just dumped they are asking for document etc. and someone is dealing with it .. does it go towards any human rights or any facts which were not true when they refused me initially ?

Re: Tier 1 G ext, appeal and JR refused - Set LR applied

Posted: Sun Oct 01, 2017 9:37 pm
by hussy7177
thanks ashak for your response,i had a friend who was done by the TOEc scandel and after all his appeals exchasted he applied for set lr when his ten years completed they called him for the interview once and gave him indefinate visa so i wish you all the best and hope someone will give you the advice towards success.


however my case is slightly diffrent then yours i was refused my initial tier 1 general visa which was successfully challenged and gone back and forth but eventually in sept 2013 they granted me the tier 1 general 3 years visa. my ten years completed in jan 2016 and i applied for long residency and exactly after six months last year around june they sent me the refusal by saying the doc you provided in your intial application of 2010 werent authentic and hence they refused me under section 322(2) with the right of appeal. my hearing is in two months time i have received the bundle from the home office with old verfication report dated august 2010 which is saying my docs werent authentic.
i would like the respectable guru to shed some light on it.
thanks in advance

Re: Tier 1 G ext, appeal and JR refused - Set LR applied

Posted: Sun Oct 01, 2017 9:56 pm
by ashak
Thanks for the light of hope .. HO is keeping my SET LR application from July 2016 till date .. they ve asked me few docs in Feb17 .. I am hoping something good .. could you PM me his solicitor as it may be helpful for me..

Re: Tier 1 G ext, appeal and JR refused - Set LR applied

Posted: Mon Oct 02, 2017 8:04 am
by CR001
ashak wrote:
Sun Oct 01, 2017 9:56 pm
Thanks for the light of hope .. HO is keeping my SET LR application from July 2016 till date .. they ve asked me few docs in Feb17 .. I am hoping something good .. could you PM me his solicitor as it may be helpful for me..
Neither of you have PM access.

Re: Tier 1 G ext, appeal and JR refused - Set LR applied

Posted: Mon Oct 02, 2017 8:16 am
by ashak
@CR001 Would you please help me to get the solicitor name from hussy7177 as it may be very helpful for me