ILR 10 years same day question

[Sundas12]

Hi. I’m new to this forum. Have been going through all ILR topics but couldn’t find the required information. I really appreciate if experts can answer my query.

I’m going to apply ten years ILR same day service. I got T1 extension application refused in 2018 and admin review also refused. Within 14 days solicitor sent pap letter which they accepted and granted visa. Now I have T1 until November 2020. My 10 years are going to complete on 28 January 2020.

Please advise if I can go for same day window service for my ILR 10 years application, as all my friends say that if someone’s visa got refused they can’t use same day service.

I will be grateful for your advise.

[zimba]

You friends are wrong. There is no window service either: indefinite-leave-to-remain/online-appli ... 70084.html
All applicants must now apply online and attend an appointment. You may choose a super priority service if offered

[Sundas12]

You friends are wrong. There is no window service either: indefinite-leave-to-remain/online-appli ... 70084.html
All applicants must now apply online and attend an appointment. You may choose a super priority service if offered

Thank you for the reply. I meant to say super priority service. My question was ‘Am I eligible for super priority service’
Waiting for your answer, please guide. Regards

[zimba]

Super priority is offred when you want to apply. If offered, you can use it

[Sundas12]

Hi
Thanks for the response. I'm in process of applying 10 years online application. need guidance from you please. Not sure if my continuity breaks due to the following issue.
Applied T1 Extension : 28 August 2017.
Got refusal : 28/05/2018 (Due to director loan not specified in the accounts)
Admin Review: 12/06/2018 (Stated Director loan is under 'other creditors' head)
Admin Review unsuccessful: 10/07/2018

Applied FLR (fp) on 24/07/2018 (on the basis of settled spouse)

Solicitor send PAP - 27/08/2018
Response received- 15/09/2018 (stating will contact within 3 months)
Letter asking for Further evidence received - (09/10/2018)
T1 Extension granted - 07/11/2018

After I got extension FLR(fp) withdrawn.

On the basis of above please advise whether the status of my residency is intact or break. Thank you in advance for the help.

[zimba]

TIer 1E extension granted means that the refusal actually never happened.

[Sundas12]

Thank you so much, this forum is real help and works like a guide.
While I'm in the process of applying online 10 years ILR, I want to ask few more questions. It asks 'Do you have any other reasons to stay in the UK'. Not sure why this question has been asked as I'm applying 10 years ILR.

If you could kindly clarify following questions
1- Does this category has any income requirement? Like minimum earnings limit.
2- I have 18 months son who lives with his mum in a different city. Unfortunately we got separated few months back. There is also a question on the online form 'Why do they not live with you'. Is this going to have any effect on my ILR 10 years application?

Regards

[zimba]

While I'm in the process of applying online 10 years ILR, I want to ask few more questions. It asks 'Do you have any other reasons to stay in the UK'. Not sure why this question has been asked as I'm applying 10 years ILR.

Simply say no

1- Does this category has any income requirement? Like minimum earnings limit.

No

2- I have 18 months son who lives with his mum in a different city. Unfortunately we got separated few months back. There is also a question on the online form 'Why do they not live with you'. Is this going to have any effect on my ILR 10 years application?

No. SET(LR) must be applied by you on your own and you should qualify on your own. Also ignore the online list to send documents for your partner/children as their circumstances are not relevant

[Sundas12]

Thanks Zimba for help. I have now completed my application and made payment.
Now the problem is I did not get premium service option which I wanted to use. Could you please advise how can I use that service?
1- Also I’m still confused although I selected NO for the question ‘do u have any other reason to stay in Uk’. I could have said yes as my 16 months old son has British citizenship. What was the harm if I’d answered yes?
2- Do I have right to start a job while my ILR application is pending? I HAVE T1 Ent visa.

Regards

[CR001]

You cannot start working for anyone else while an application is pending. You must wait to get ilr and your ilr brp card first.

[Sundas12]

Thank you CR001. Can you please guide on the following as well.

1- I did not get premium service option which I wanted to use. Could you please advise how can I use that service?
2- Also I’m still confused although I selected NO for the question ‘do u have any other reason to stay in Uk’. I could have said yes as my 16 months old son has British citizenship. What was the harm if I’d answered yes as supplied documents?

[Sundas12]

Hi. Can anyone please guide on the following.

1- I did not get premium service option which I wanted to use. Could you please advise how can I use that service?
2- Also I’m still confused although I selected NO for the question ‘do u have any other reason to stay in Uk’. I could have said yes as my 16 months old son has British citizenship. What was the harm if I’d answered yes as supplied documents?

Thank you.

[zimba]

1. Premium service is only offered if available. High demand low availability
2. Having a son with British citizenship is not a basis to stay in the UK. Simply say no

[Sundas12]

Thank you so much for the guidance. Your response will be appreciated for Two more questions related to my ILR application.

1- Do we need to scan all pages of passports with stamps or just first two pages are fine?
2- Just preparing myself for the worst outcome. Do I have any other visa option if ILR application gets refused for any reason? As I mentioned previously I'm separated and my son has British citizenship although he lives with his mum.

[zimba]

1. All pages with stamps
2. Why would your ILR be refused ??! Also Don't you have visa till Nov 2020 ??! What about ILR under TIer 1E ? I suggest not being paranoid

[secret.simon]

Applied T1 Extension : 28 August 2017.
Got refusal : 28/05/2018 (Due to director loan not specified in the accounts)
Admin Review: 12/06/2018 (Stated Director loan is under 'other creditors' head)
Admin Review unsuccessful: 10/07/2018

Applied FLR (fp) on 24/07/2018 (on the basis of settled spouse)

Solicitor send PAP - 27/08/2018
Response received- 15/09/2018 (stating will contact within 3 months)
Letter asking for Further evidence received - (09/10/2018)
T1 Extension granted - 07/11/2018

I am tempted to argue that continuity was broken.

You had Section 3C leave till 10/07/2018.

If you were granted FLR(FP) based on your application within 14 days (the application made on 24/07/2018), then continuity would have been maintained.

However, in this case, your application was granted by the Home Office based on your earlier T1 extension. I am not sure if that suggests that the T1 Extension remained valid throughout or whether it was revived. The PAP is irrelevant as PAP and JR do not extend Section 3C leave.

It would be interesting to learn the outcome of your case.

[zimba]

I disagree. This is because OP never applied for another extension at all and the original decision was overturned. UKVI reconsidered the extension application meaning that until grant, section 3C continued. The FLR(FP) application was irrelevant or can even viewed as invalid (no new application can be made while Section 3C is engaged)

[Sundas12]

Thank you respected GURUs for your input. Special Thank s to Zimba for clarification. I was confused after Simon replied. So surely there is no doubt about continuity.

I have my current visa valid till Nov 2020. You are right I can use that route as well for ILR.

Just another query “if I have already applied using standard service, is there any way to upgrade this to super priority?”

Regards

[zimba]

No you cannot expedite it

[Sundas12]

Hi respected members, hope you are all doing well. I have recently submitted my ILR application and this question has been in my mind. My T1 extension was refused which was later granted. How will this refusal be considered?
1- An application for a visa was refused
2- I was refused permission to stay or remain

Please guide which of the two is correct?

[zimba]

A refusal on its own is not an issue. The reason for refusal is the main key. In most cases it is simply due to ineligibility which has no effect on the future applications.

[Sundas12]

Sorry I think I didn’t explain it. This question is on the application form. For someone whose extension was refused in the past how this would be treated?
- visa refused
Or
- permission to stay/ remain refused.

[zimba]

Those refer to visa being refused outside the UK vs being refused extension here.

[Sundas12]

Thank you Guru's. I have another question for the respected members.

As you know I applied LR last week. I selected 'No' for 'the other reasons to live in the UK'. Now when I see the list of documents that I need to upload ask me to upload my son's birth certificate to evidence my relationship with him and his British passport. I think it has nothing to do with my application however I can provide them both documents. If I don't upload this they may say we asked you to upload all documents in the checklist but you haven't followed that.

Please guide 'whether I should upload these docs as well or just ignore it?'

Regards

[zimba]

Your son's circumstances are not relevant to your application. Under SET(LR), you must apply on your own and qualify on your own.