ILR Rejected-Dependants legal status ?

[poojabhatt]

Dear All,

After waiting for 13 long months the HO have finally rejected my ILR SET (O) application due to tax amendments in 2010-2011. I am in my AR stage and a barrister is representing me. It may go to the JR stage but I have decided to fight it out.

One concern is my spouses ILR Application. Applied about 6 months after my application date : SET (O) Dependant by post. Not received any reply yet.

I have been advised that IF my AR is rejected then they will reject the dependants application as well.(Does the dependant get appeal rights ?) Although, ideally they should keep hold of the dependants application until the final decision on the main applicant is made but perhaps logic & reasoning does not work well with the HO.

My question to the moderators/gurus/experts is: what will my spouses legal status/working rights/3c be after the dependant application is rejected ? I will be in the JR process but what visa category will the dependant be on ?

Does the spouse need to apply for FLR (FP/M) once the dependant ILR application is rejected ? Will they hold on to that application until the final decision on my application is made ?

Is it worth withdrawing my spouses ILR application before receiving the rejection and putting in a FLR (FP/M) so that the legal stay/working rights/3c could be maintained ?

I have spoken to a few people and each one of them is giving a different answer, hence am more confused.

Could someone please shed some light on this ?

[paboluuk]

Hi poojabhatt,

Sorry to here about outcome of your ILR application. With regards to your dependants, I believe they can stay along with you just by applying another visa. Barrister can help you this.

Once you've Amended your application, Have you included Accountants letter ? If you don't mind would you be able to give rejection reasons. Was it just Tax Amendments or includes others?

Thanks,

[poojabhatt]

Hi poojabhatt,

Sorry to here about outcome of your ILR application. With regards to your dependants, I believe they can stay along with you just by applying another visa. Barrister can help you this.

Once you've Amended your application, Have you included Accountants letter ? If you don't mind would you be able to give rejection reasons. Was it just Tax Amendments or includes others?

Thanks,

Thanks for your response.

I had amended and paid the full tax amount before applying.Had provided the updated SA-302 along with tax year overview confirming full amount of tax was paid.Still rejected.

Can any senior members,moderators advise which visa category to apply on, once spouse's dependant application is rejected ?

Please advise gurus!

[jarraj1102]

Hi Poojabhatt,

Sorry to hear your news.You have taken a right decision in fighting out your case in JR(sincerely hope it does not come to that stage).

Below are some suggestions i would give, as i myself am waiting for a decision on my application.

1. Just after you have your decision from AR , and unfortunately if its a negative decision you can try to put an new application for your spouse using FLR (FP). In that case you have the option of 3c continuing for atleast one person while your JR is heard and decided (in this case your spouse) .So as to support yourself during this possible hard times.Although how successful would FLR (FP) application would be, will entirely depend on whether your spouse is eligible for that route.

2.While you on AR withdraw your spouse's application and if possible get an out of country Tier 2 application and you can apply later to be the dependent.

Now there are other possible solutions depending on other factors like

1. When do you qualify for your LR ILR?
and could you please let me know .What was the section under which the HO rejected your application?

Looking forward for your reply.

Regards

Dear All,

After waiting for 13 long months the HO have finally rejected my ILR SET (O) application due to tax amendments in 2010-2011. I am in my AR stage and a barrister is representing me. It may go to the JR stage but I have decided to fight it out.

One concern is my spouses ILR Application. Applied about 6 months after my application date : SET (O) Dependant by post. Not received any reply yet.

I have been advised that IF my AR is rejected then they will reject the dependants application as well.(Does the dependant get appeal rights ?) Although, ideally they should keep hold of the dependants application until the final decision on the main applicant is made but perhaps logic & reasoning does not work well with the HO.

My question to the moderators/gurus/experts is: what will my spouses legal status/working rights/3c be after the dependant application is rejected ? I will be in the JR process but what visa category will the dependant be on ?

Does the spouse need to apply for FLR (FP/M) once the dependant ILR application is rejected ? Will they hold on to that application until the final decision on my application is made ?

Is it worth withdrawing my spouses ILR application before receiving the rejection and putting in a FLR (FP/M) so that the legal stay/working rights/3c could be maintained ?

I have spoken to a few people and each one of them is giving a different answer, hence am more confused.

Could someone please shed some light on this ?

[jarraj1102]

Sorry bhatt i should have been much clearer in my early post.

If possible apply for a FLR(FP) route for your spouse while your AR is decided so as to continue the 3c.

[poojabhatt]

Hi Poojabhatt,

Sorry to hear your news.You have taken a right decision in fighting out your case in JR(sincerely hope it does not come to that stage).

Below are some suggestions i would give, as i myself am waiting for a decision on my application.

1. Just after you have your decision from AR , and unfortunately if its a negative decision you can try to put an new application for your spouse using FLR (FP). In that case you have the option of 3c continuing for atleast one person while your JR is heard and decided (in this case your spouse) .So as to support yourself during this possible hard times.Although how successful would FLR (FP) application would be, will entirely depend on whether your spouse is eligible for that route.

2.While you on AR withdraw your spouse's application and if possible get an out of country Tier 2 application and you can apply later to be the dependent.

Now there are other possible solutions depending on other factors like

1. When do you qualify for your LR ILR?
and could you please let me know .What was the section under which the HO rejected your application?

Looking forward for your reply.

Regards

Thanks for your reply -

"You therefore do not meet the requirements stated in paragraph 245CD as you do not meet the requirements of 245CD (b) of the immigration rules."

The above is from the HO. This inspite of paying about £50,000 in taxes to the HMRC in the past 5 years.

I qualify for LR next year in November.

My spouse hasn't received the descision yet. Is it better to wait till the rejection comes through and then apply or try & vary it to FLR (FP) straight away ?

Dear All,

After waiting for 13 long months the HO have finally rejected my ILR SET (O) application due to tax amendments in 2010-2011. I am in my AR stage and a barrister is representing me. It may go to the JR stage but I have decided to fight it out.

One concern is my spouses ILR Application. Applied about 6 months after my application date : SET (O) Dependant by post. Not received any reply yet.

I have been advised that IF my AR is rejected then they will reject the dependants application as well.(Does the dependant get appeal rights ?) Although, ideally they should keep hold of the dependants application until the final decision on the main applicant is made but perhaps logic & reasoning does not work well with the HO.

My question to the moderators/gurus/experts is: what will my spouses legal status/working rights/3c be after the dependant application is rejected ? I will be in the JR process but what visa category will the dependant be on ?

Does the spouse need to apply for FLR (FP/M) once the dependant ILR application is rejected ? Will they hold on to that application until the final decision on my application is made ?

Is it worth withdrawing my spouses ILR application before receiving the rejection and putting in a FLR (FP/M) so that the legal stay/working rights/3c could be maintained ?

I have spoken to a few people and each one of them is giving a different answer, hence am more confused.

Could someone please shed some light on this ?

[zimba]

My question to the moderators/gurus/experts is: what will my spouses legal status/working rights/3c be after the dependant application is rejected ? I will be in the JR process but what visa category will the dependant be on ?

If her visa has already expired and you applied before her visa expiry, she is currently covered under section 3C.
She will be refused ILR if you get an AR refusal and you both will become overstayers the section 3C comes to an end.
JR has nothing to do with immigration rules and there will be no section 3C cover, so you both will be overstayers.

Does the spouse need to apply for FLR (FP/M) once the dependant ILR application is rejected ? Will they hold on to that application until the final decision on my application is made ?

That will not change her status as an overstayer after a refusal. You can vary her application to FLR before any refusal but given she has no grounds to stay here under FLR route, she will be eventually refused. So she ends up in the same place. You might just buy some time on section 3C but that is all.

Is it worth withdrawing my spouses ILR application before receiving the rejection and putting in a FLR (FP/M) so that the legal stay/working rights/3c could be maintained ?

Withdrawing a pending application will end her section 3C if she is covered under it currently.

[poojabhatt]

Thanks a lot zimba88

[Obie]

If Human Right Grounds are raised, then there will be a right of appeal, unless the claim is unfounded, and if there is a right of appeal, Section 3C may well continue.

[poojabhatt]

If Human Right Grounds are raised, then there will be a right of appeal, unless the claim is unfounded, and if there is a right of appeal, Section 3C may well continue.

Thanks a lot Obie

Is It possible to vary a SET (O) dependant ILR application to FLR (HRO) or do we have to withdraw the ILR application & apply for FLR (HRO) ?

As Zimba88 correctly mentioned withdrawing the current pending ILR application will break the 3C.

[tom.draper]

Sorry to hear that Pooja. hope you will be successful in your AR

could you please mention your application timelines (when did you apply)

were you self employed during your ILR Application?

did you receive any questionnaire or attended any interview?

Thank you.