ILR denied

JoPro · Post by **JoPro** » Sat Apr 13, 2013 9:48 am

Hi guys Advice please
I am South African
I applied for my Set0 ilr in August last year. 8 months of waiting and I got my refusal letter yesterday saying it was refused because they do not consider commission as my salary and therefore puts me under the required code ( if they did then I would have been ok)

I have been here on a work permit and have been in this job for almost 7 years. I have 4 weeks left on my current visa. And they say I do not have the right to appeal.

I am however in a long term relationship with a British citizen and have been engaged to each other since February.

I don't know what the best route to take so my life here does not get shattered to pieces. I am running out of time.

I am speaking to a lawyer next week hopefully

Please help is there some other route I can take? FlrM is looking the best ?

Post by **Lucapooka** » Sat Apr 13, 2013 12:17 pm

Long-term relationship? What does that mean exactly? Is it dating for a long time while maintaining separate households, or living together in a relationship akin to marriage for at least two years (and have a paper-trail of official instruments to support that)?

Post by **vinny** » Sat Apr 13, 2013 12:32 pm

If you qualify, then apply again, shorty before your leave expires.

JoPro · Post by **JoPro** » Sat Apr 13, 2013 12:39 pm

Lucapooka wrote:Long-term relationship? What does that mean exactly? Is it dating for a long time while maintaining separate households, or living together in a relationship akin to marriage for at least two years (and have a paper-trail of official instruments to support that)?

We will have been together for exactly two years on the 20th May, we have council tax bills in our name but only from November 2011 when I moved in.

We have been engaged since February this year and set a wedding date for 2014 but because my ILR has been refused stating that I cannot appeal.

We are now pushing the wedding date to ASAP. It's a risk, we might not be able to.

If the UKBA didn't take 8 months to reject my original application, I wouldn't be here.... They have totally ruined our lives. (My employer sponsored me in 2006 so obviously all has changed and he needs to apply for a licence if I where to renew my current visa, but who knows how long that will take) I have 4 weeks of living here before my visa expires

JoPro · Post by **JoPro** » Sat Apr 13, 2013 12:42 pm

vinny wrote:If you qualify, then apply again, shorty before your leave expires.

I can change my pay slips to take away my commission and show gross, but they have the previous info on record won't they?

JoPro · Post by **JoPro** » Sat Apr 13, 2013 1:22 pm

JoPro wrote:
vinny wrote:If you qualify, then apply again, shorty before your leave expires.
I can change my pay slips to take away my commission and show gross, but they have the previous info on record won't they?

So now I'm thinking why don't I just reapply for my ILR with new payslips ? I am over the SOC code 3131 by about £6000 as of now (it was £28k now it's around 24k...

Post by **vinny** » Sun Apr 14, 2013 3:46 pm

JoPro wrote:I was on a work permit and applied for my ILR in august last year via post.
it took just under 8 months to refuse my application because of my salary being below the required level because they dont take commission into account for earnings. ie my basic was too low but if they included comms i would have been ok.

If my boss changes my pay slips to increase my basic and reduce my comms to equal out the required level(not changing the amount im paid), Can i just reapply for the visa again ? I have just under 4 weeks left on my work permit.

also can i back date payslips or do you think it should only be recent ones?

Lucapooka wrote:You have already presented your accounts to the UKBA. Retroactively doctoring those accounts (that they have already seen) would fraudulent and really dumb.

JoPro wrote:
Lucapooka wrote:You have already presented your accounts to the UKBA. Retroactively doctoring those accounts (that they have already seen) would fraudulent and really dumb.
they have only seen the ones up until august last year, if i have a cover letter from my employer saying they have changed the pay structure to make it compliant with pay slips from this year, would it matter ? i pay tax on my gross, the comms on my payslips is just for me to see what i have been doing.

JoPro wrote:
JoPro wrote:
Lucapooka wrote:You have already presented your accounts to the UKBA. Retroactively doctoring those accounts (that they have already seen) would fraudulent and really dumb.
they have only seen the ones up until august last year, if i have a cover letter from my employer saying they have changed the pay structure to make it compliant with pay slips from this year, would it matter ? i pay tax on my gross, the comms on my payslips is just for me to see what i have been doing.
i will be seeking legal advice however. just want to know if its a case of re applying with new updated payslips from this year ( they have even dropped the the required amount for what i have needed)

JoPro · Post by **JoPro** » Sun Apr 14, 2013 3:48 pm

So just re read the refusal letter again and they state that my salary is calculated exaclty 1 month before the application date.

So to make things clearer, My employer is willing to change my pay structure with my pay from this year to make it compliant to the rules required followed by a cover letting stating that he has done this. so this should then be classified as a new application under the 6th April 2013 criteria?

Can i just reapply ? or is there a cooling off period?

JoPro · Post by **JoPro** » Tue Apr 16, 2013 7:04 am

Spoken to Lawyers, they say it will come down to discretion and that it has high chance of denial again but a good chance of an appeal, and £5 grand later. um no thanks, luckily I however reach the Criteria for FLR(m) just had to oush my wedding date forward from 5 months to 2 weeks

oh well main thing is i still get to be with my wife to be and get to stay here.

thanks for advice guys

Expat1066 · Post by **Expat1066** » Sun Jun 08, 2014 4:24 pm

Hi my friend applied ILR as he was previously married to EEA Citizen but his ILR application was denied. The reason of his application denial due to his wife tax, the company his wife worked been dissolved and there is no record on HMRC that she paid any tax.
My friend got pay slips to prove she worked with the company apart from that he has no other documents i.e. P60 or P45 with him. Just want to know is there any chance that he can prove that it’s company fault they did not submit her tax or he will be consider as providing false pay slips as he only got pay slips.
Much appreciated your advice as he is in panic.
Thank you

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