applying for 10 years visa

[sariyuracha]

Hi
I was on Tier-1 general and have made application for indefinite leave to remain March 2016. Waiting for decision on my application. My 10 years period of stay in UK will be completed in October 2016, several of my friends advised me to withdraw my current application and apply for 10 years visa.
Can you please advise whether is it possible to withdraw my current ILR application and what requirements needed to be fulfilled for 10 years Visa.
thank you.

[Casa]

You can only apply under LR no earlier than 28 days before the 10 year qualifying date. Do you have any tax discrepancies?

[sariyuracha]

could you please describe what is tax discrepancies?
I wanted t know whether we can withdraw application which I made for ILR in September?

[Casa]

You can vary your existing application, but no earlier than the 28th day before the 10th anniversary of your arrival in the UK. If you withdraw your application and don't qualify to apply for LR (too early), you will be without valid leave which will break your 10 years of legal residence.

[cs95tdg]

I was on Tier-1 general and have made application for indefinite leave to remain March 2016. Waiting for decision on my application. My 10 years period of stay in UK will be completed in October 2016, several of my friends advised me to withdraw my current application and apply for 10 years visa.
Can you please advise whether is it possible to withdraw my current ILR application and what requirements needed to be fulfilled for 10 years Visa.

Is there any particular reason why you wish to withdraw your current T1G ILR application and apply under the long residence route? There are many topics on this forum where applicants mistakenly believe that income tax discrepancies (e.g. Late Tax Amendments, adjustment etc... ) during their residence period will not be scrutinised if applying under the long residence route. If this is one of the reasons that you are considering changing your ILR application to the Long residence route, I would strongly suggest that you think twice.

For ILR under the long residence route please read the associated guidance. https://www.gov.uk/long-residence/eligibility

Additionally I assume here that you have sufficient leave to remain as a tier 1 general migrant in order meet the 10 year long residence requirement in October, and that your current leave does not expire before that?

For instructions on how to withdraw an application please see https://www.gov.uk/cancel-visa
Given that 4 months have passed since you made your original application, I wouldn't have thought withdrawing the application at this late stage you be beneficial.

[sariyuracha]

If home office don't make decision on my current application and if my 10 years living anniversary falls on Oct 1st, can I withdraw application on 3/9/16 or 2/10/16. please confirm when I can withdraw my current application and apply for 10 year permit.

[Casa]

Why would you withdraw your application when you can vary it to LR?

[cs95tdg]

If home office don't make decision on my current application and if my 10 years living anniversary falls on Oct 1st, can I withdraw application on 3/9/16 or 2/10/16. please confirm when I can withdraw my current application and apply for 10 year permit.

When does your current T1G leave expire?

If it doesn't expire before your 10 year residence period, then you could technically withdraw your current application at any time and make any other application you wish.

And what do you mean by 10 year permit?

I have to say though that what you are suggesting makes no logical sense to me. I'd agree with Casa, that if you are set on changing your application then the best option would be to vary your current application, rather than withdrawing it and re-applying.

[sariyuracha]

My current Tier-1 visa expired on 27/02/16. Myself and my friend we came here to do masters. After that we were self employed in 2011 and after that we got permanent job, when we 1st did our tier-1 application.
She applied for ILR recently as well and her application has been declined, she told me that it is due to the tax not paid as advised by accountant at that time. We both had same accountant so I am bit worried and also she told me that they are checking 5 years history instead of 12 months. Is it true? Please confirm?

Could you please advise me on when I can withdraw my current application if my 10 years anniversary is 01/10/2016 as one of my friend told that if I live here for 10 years I can apply for ILR on that basis.

[ara121]

I am looking forward to take a gamble. I have no choice at all, Any how can I reverse my loss.
Can I go back to HMRC and adjust the losses the 2010.

[Casa]

The Case Worker will cross check the full 5 year period with HMRC tax records and for LR the 10 year period will be checked. Adjusting tax discrepancies at this late stage won't help you as the HO are generally taking the view that adjustments are only being made due to the risk of ILR being refused.

[cs95tdg]

My current Tier-1 visa expired on 27/02/16. Myself and my friend we came here to do masters. After that we were self employed in 2011 and after that we got permanent job, when we 1st did our tier-1 application.
She applied for ILR recently as well and her application has been declined, she told me that it is due to the tax not paid as advised by accountant at that time. We both had same accountant so I am bit worried and also she told me that they are checking 5 years history instead of 12 months. Is it true? Please confirm?

Could you please advise me on when I can withdraw my current application if my 10 years anniversary is 01/10/2016 as one of my friend told that if I live here for 10 years I can apply for ILR on that basis.

As you say your current leave under T1G has already expired, I'd certainly not recommend withdrawing any in-time ILR application that you have in progress. If you do, then you will no longer have any valid leave to remain in the UK.

As for the other questions you've raised around taxes. Not sure whether you read my previous response, but if you didn't please do.

Yes, they will check your HMRC records covering all 5 years. Likewise, if you apply under the long residence route, then they would in all likelihood check your HMRC history covering the 10 year residence period.

As a matter of urgency I'd suggest you ensure that your tax affairs are in order either yourself, or by seeking help of a competent accountant/tax advisor.

Varying your T1G ILR application to a Long residence ILR application in order to avoid detection of past tax discrepancies will not be successful due to stringent HO checks that are now taking place.