Fresh ILR application on LR bases, if ILR on T1-Gen refused?

[parwaz]

Hello everyone,

I need some assistance regarding my ILR and will appreciate any feedback. My application for ILR on T1-General bases (applied in Feb 2016) is still pending but visa has already expired in Feb 2016. I am not certain about the outcome due to a tax return amendment for year 2010/11.

I have been in the UK since Oct 2004 and completed my 10 years in Sept 2014 already with no gaps. I want to know if my ILR application gets refused with right to Administrative Review what options will I have, considering my visa had already expired in Feb 2016?

--> (1) Will I be able to make a fresh application for ILR on LR bases?
--> (2) If I decide to do an Admin Review and if it is un-successful, will I still be able to make a fresh application for ILR on LR bases?

Someone recently suggested to me that I should vary my application to ILR LR so that I am at least granted Right of Appeal.

I am eagerly waiting to get your feedback on what should be my next course of action. Any help will be greatly appreciated!

Many thanks,
Parwaz

[CR001]

For long residence ILR, HO will still check employment and tax records. It is a misconception that LR is a 'safer' route.

Why did you not apply for ILR when you qualified then in 2014??

[parwaz]

I completed my 10 years in Sept 2014 but due to the change of rules in Apr 2014, if I went the LR route, my wife’s previous stay would become null and she would have to stay for another 5 years to become eligible for ILR. We only needed another 15 months to apply for ILR on T1-G bases so it made more sense to wait.

I have not yet decided to vary my application but it hugely depends on the answer to following question:

Q: If my ILR application gets refused with right to Administrative Review what options will I have, considering my visa had already expired in Feb 2016?

--> (1) Will I be able to make a fresh application for ILR on LR bases?
--> (2) If I decide to do an Admin Review and if it is un-successful, will I still be able to make a fresh application for ILR on LR bases?

Thanks!!

[Plzilr]

Yes you can apply but only problem is there is high chances of visa refusal again and may get out of country appeal.....

[parwaz]

Yes you can apply but only problem is there is high chances of visa refusal again and may get out of country appeal.....

Hi Plzilr, do you know any cases (examples) on this form for me to look at? I supposed all SET(LR) applications receive an in-country right of appeal?

Thanks,
Abid

[quantum1]

Yes you can apply but only problem is there is high chances of visa refusal again and may get out of country appeal.....

Hi Plzilr, do you know any cases (examples) on this form for me to look at? I supposed all SET(LR) applications receive an in-country right of appeal?

Thanks,
Abid

Out of country appeals are new so I'm not sure how they will be implemented but in theory they will follow policy of deport first and appeal later. Only those at risk of serious irreversible harm will be allowed in country appeal. This was in the immigration act 2016 which got Royal ascent early this month. I do not know if it takes immediate effect though but I think you should consider the possibility

[parwaz]

What should I do in this situation??

Shall I wait for the decision of my SET(0) application or vary my application to SET(LR)?

Regardless of the decision on either applications - at least on SET(LR) I will get right of appeal and will be able to continue to work and go through the appeal process from within the UK.

If I decide to vary my application to SET(LR), can I go through the same-day service? What will happen to the application of my dependent (spouse)?

I am just getting very very confused and worried. It's been almost 4 months and haven't had a reply to my SET(0) application yet.

Any advise will be appreciated.

Thanks!!

[parwaz]

Any thoughts? Anyone??

I have just come to know that if my application for SET(O) is unsuccessful and the result of AR is also unsuccessful, my 3C will break. Any application I make afterwards will not resurrect 3C so I won't be able to work

Which means I only have one shot at it and must seriously consider varying it to SET(LR).

Any assistance will be greatly appreciated.

Thanks!!

[Immigrantshimmigrant]

In my view you should vary it as you get appeal rights which is better than judicial review. My understanding is that in appeal the decision is made on whether to grant you ILR or not whereas judicial review gives decision on whether or not the grounds of refusal apply in which case home office will reconsider your application.

Please note that this is just my own thinking and is not based on mine or the experience of anyone I know. Please do wait for some other senior members to comment on this too.

[shanuk]

Dear All,

Please provide details on below link:

http://www.immigrationboards.com/indefi ... l#p1359302

Thanks