Long Residency ILR - SET(LR)

[jarraj1102]

Dear Members,

I wanted to clarify some doubts i have on ILR based long residency.

I am currently have my pending SET(0) application with HO.
My last leave expired on end of August 2016.
I submitted my SET(0) application in August before my leave expired.
I am currently working
I am eligible for ILR based on 10 years continuous residency on August 2017.

Now i am looking for some possible solutions/answers to some of the questions i have . In case my SET(O) application is rejected.

1. Can i submit a new application during the AR review period like FLR (O) application and once i complete 10 years can i vary it to 10 years application?
2. Will i be able to work during the period my FLR(O) application is being decided ?
if the above is possible then
3. Will i be able to work during the period my SET (LR) is being decided?

Many thanks in Advance.

[tally80]

Dear Jarraj,

FLR O Does not exist anymore. Current changed one is FLR HRO

[jarraj1102]

Many thanks for responding Tally80,

Thanks for replying .Then my question would be

1. Can i submit a new application during the AR review period like FLR (HRO) application and once i complete 10 years can i vary it to 10 years application?
2. Will i be able to work during the period my FLR(HRO) application is being decided ?
if the above is possible then
3. Will i be able to work during the period my SET (LR) is being decided?


Thanks

[zimba]

Why do you think your SET(O) will be rejected ?? Did you apply for ILR under Tier 1 General ??
If you think you have income/tax issues like most of the people here, you MUST know that if your 5 year settlement is REFUSED on such basis, your SET(LR) or any ILR application will ALSO be refused on the same basis as the 10 year needs to be spent lawfully. There is no loophole to evade the tax/income issue of Tier 1 General.

1. Can i submit a new application during the AR review period like FLR (HRO) application and once i complete 10 years can i vary it to 10 years application?

No, because then your AR will be automatically considered withdrawn which brings the section 3C to an end.
So the time spent waiting to get the result of FLR you will be overstaying which will NOT count towards your 10 year, unless the FLR is subsequently granted (very very unlikely without a very strong human rights basis)

2. Will i be able to work during the period my FLR(HRO) application is being decided ?

No, over stayers cannot work

3. Will i be able to work during the period my SET (LR) is being decided?

You do not get to apply for that mate if you apply for FLR as explained above

[jarraj1102]

Thanks Zimba,

Yes you are right, i do have issues with taxes.

I am looking for my options on this forum and i am not trying to find a loophole but a solution to my immigration problems .

There have been many who have managed to get their ILR in-spite of tax descrepencies ; so its not like HO is taking a standard approach and people with no tax issues are getting rejected too.

I have one more option on my hand . Can anyone please answer some of my other questions please
If my SET(O) application is rejected
1. My partner has the option of getting a Tier 2 visa( listed on the shortage occupancy list), she is currently awaiting result on her Tier 1 general dependent visa. Can she switch in country to Tier 2 visa ?
2. Can i switch to tier 2 dependent in country while i have a pending appeal process in uk?

Thanks

[zimba]

I am not sure who are the MANY who got their ILR if they failed to declare their incomes properly or claimed non-genuine self employed income to deceive HO to get a visa and stay here If you made a claim regarding your income but you have no proper explanation for where it came from, then based on the balance of probability your income cannot be regarded as genuine. The solution is to be able to provide proper explanation for your declared income and the any discrepancies on your retunes. No matter what you do, the income/tax issues during you time as a Tier 1 General visa holder will be questioned and if you are refused on such basis, you have no chance of getting ILR any other way without solving this, I am afraid.

1. My partner has the option of getting a Tier 2 visa( listed on the shortage occupancy list), she is currently awaiting result on her Tier 1 general dependent visa. Can she switch in country to Tier 2 visa ?

No, a PBS dependent visa holder cannot switch to become a main PBS migrant. That can only be done from home country.

2. Can i switch to tier 2 dependent in country while i have a pending appeal process in uk?

There are no appeal rights for migrants in the UK. I am not sure which appeal you are talking about and how can you do that given that your partner cannot become a main PBS migrant.

[jarraj1102]

Thanks for the quick response Zimba,

Many are people who have made amendments and still managed to get their ILR.

I understand there are no appeal process for migrants . I was talking about JR process.Apologies should have mentioned.

Now if my partner who is currently my dependent (Tier 1 ) makes a out of country Tier 2 visa and moves over to UK . While i am still fighting my JR , would i able to change to her tier 2 dependent within UK?

If so would , Would i be able to still keep fighting on my Tier 1 general ILR process wile being on Tier 2 dependent visa?

Once again many thanks

[zimba]

No, you probably will not be able to switch to a dependant visa as your wife can only get her passport after your ILR is refused and AR is concluded (when you become an overstayer and your section 3C ends)
It would be impossible for her to go back home, get Tier 2 visa and come back to the UK within just 14 days period (as you MUST apply within 14 days of becoming an overstayer for a fresh application to be accepted)

JR is outside the scope of immigration rules and will not extend your section 3C. You can pursue JR separately via the courts

[jarraj1102]

Hi Zimba,

Thanks for your reply once again.

You had mentioned that my partner wont be able to get back her passport before my AR is decided.

Can you please share with me any link from HO which mentions that a dependent applicant cannot withdraw their application while the main applicants decision is pending or in the AR process?

https://eforms.homeoffice.gov.uk/outrea ... ments.ofml

What do you gather from the link above. I don't see why a person cannot get back their travel document when they need it.

[CR001]

They can withdraw their application BUT, if their visa has already expired they are unlikely to get their passport back until they get to the airport to leave. You should also note that the minute the application is withdrawn, she becomes an overstayer from the date her visa expired.

[jarraj1102]

Thanks CR001

Your reply is much appreciated.

Do you think if her Tier 2 application (Employer:NHS) from India will be affected by the fact she was an overstayer earlier?


Thanks

[zimba]

Thanks CR001

Your reply is much appreciated.

Do you think if her Tier 2 application (Employer:NHS) from India will be affected by the fact she was an overstayer earlier?


Thanks

Not If left the UK voluntarily within 30 days of becoming an overstayer without any pending application. Otherwise there could be a re-entry ban of at least a year