Varying ILR application

[Mii]

Hello All,
Please I am in desperate need of advice.
My timeline:
I came to UK 20th September 2006.
Extended my student visa till Dec 2008 to finish my masters degree.
Applied for PSW in Dec 2008 but got refused in Feb 2009. I appealed and was granted PSW from 3nd July 2009 to 4th July 2011.
Applied for Tier 1 General in Dec 2010 and got Tier from 02/02/2011 to Feb 2013. I extended in Jan 2013 to 03/02/2016.
I applied for ILR on Jan 10th 2016 but was refused due to tax issue. I applied for Admin review through a solicitor but decided to put in a fresh postal application on 01/02/2016. Meanwhile I contacted HMRC to resolve the tax issue and after 3 months HMRC wrote to me confirming that my tax affairs are ok and infact that I don't need amendment. HMRC actually refunded me some money. My solicitor contacted HO in April with the response from HMRC. After that I was called for interview in June but that was rescheduled to 25th July 2016 due to technical issues. I attended interview in July and am currently waiting for the outcome of my application.

My solicitor has advised that I should VARY my application to Long Residency route as it will be better since I have not been outside the UK apart 3 weeks in 2013 and a week in 2015.

Please can anyone advise if this doable and the pros and cons of applying for LR through this means. My visa expired in Feb 2016.
Thanks,

Mii

[vinny]

I am doubtful that you may vary a refused application.

[Mii]

Hi Vinny,

My postal application is still outstanding. A decision has Not been made yet.

[vinny]

Sorry. I misread.

I applied for ILR on Jan 10th 2016 but was refused due to tax issue. I applied for Admin review through a solicitor but decided to put in a fresh postal application on 01/02/2016.
...
My visa expired in Feb 2016.

If you made the fresh application prior to expiry of leave, then you should be able to vary it.

However, what was your fresh application? If it was for ILR already, then why do you wish to vary it to ILR under a different category?

[Mii]

My solicitor just advised that since tier 1 ilr has no right of appeal its better to vary the application to long residency ilr which has right of appeal. It will exactly 10 years on 16th September. This is just a precautinary measure.

[Casa]

I'm confused, as Vinny was. If your ILR application was refused due to tax issues, how is it still outstanding?

It would be wise to take note of the following:
Pending Administrative Review
Section 3C leave continues during any period when:
• an administrative review could be sought
• the administrative review is pending ie it has not be determined
• no new application for leave to remain has been made

AND

An administrative review is pending until either:
• it is withdrawn
• it is determined
• a fresh application is made which brings the section 3C leave to an end

AND

Fresh application while an Administrative Review is pending
When an administrative review is pending against refusal of an application, if a
person submits a fresh application the administrative review will no longer be
pending. This is because the Immigration Rules (Appendix AR 2.10) states that the
administrative review will cease to be pending the day prior to the day on which the
fresh valid application is submitted.

https://www.gov.uk/government/uploads/s ... ve-6_0.pdf

[noajthan]

Hello All,
Please I am in desperate need of advice.
...
I applied for ILR on Jan 10th 2016 but was refused due to tax issue. I applied for Admin review through a solicitor but decided to put in a fresh postal application on 01/02/2016.

...

Casa, OP has apparently applied several times in parallel

[Abc499]

Seems OP T1G-ILR refused on same day service and made fresh application again before leave expire ( same T1G- ILR). 2nd application waiting for decision.

[Casa]

Hello All,
Please I am in desperate need of advice.
...
I applied for ILR on Jan 10th 2016 but was refused due to tax issue. I applied for Admin review through a solicitor but decided to put in a fresh postal application on 01/02/2016.

...

Casa, OP has apparently applied several times in parallel

My slow editing noajthan

[Casa]

Seems OP T1G-ILR refused on same day service and made fresh application again before leave expire ( same T1G- ILR). 2nd application waiting for decision.

Ah! I can see now that they decided against a AR.

[Mii]

Hello all,

Sorry for the confusion. First application (same day) was refused. Applied for admin review in Jan based on same day application but subsequently changed it to postal application which is currently outstanding.

My question is: can i vary my current postal application to long residency ilr.

[Casa]

I really don't know where you stand now, as your Section 3c leave was lost when you submitted a new application while under AR.

Ask your solicitor (which is what you're paying them for), or stand by for advice from others better placed to advise.

[CR001]

I really don't know where you stand now, as your Section 3c leave was lost when you submitted a new application while under AR.

Ask your solicitor (which is what you're paying them for), or stand by for advice from others better placed to advise.

@ casa, as i read it, OP submitted postal ILR application before visa expired on 3/2/2016 so should still be covered

[Abc499]

I really don't know where you stand now, as your Section 3c leave was lost when you submitted a new application while under AR.

While on AR but OP visa was not expired and made the 2nd application before visa expiry . So is that could be like complete new application ( not linked with anything).

[Mii]

Yes i applied before my visa expired in February. I yave a new postal application with HO at the moment.

[Casa]

As they say on Dragon's Den , "I'm out"

[Abc499]

@ Mii
remember same checks will be applied on you even if you apply via LR. Just wondering to know as you said there was no issue with tax on the first place and you found it after contacting HMRC, so the refusal was wrong or what they mention was incorrect !

[Mii]

Yes the first refusal was wrong. Because Hmrc came back and i didnt need to do anything. That my tax affair were ok. By then i had already reapplied through postal just to buy some time.