Need advice for set lr

[Harry23]

Harry23 wrote:
Hi i want to know i am came in this country in aug 2007 as a student dependent, and then tier 1 general dependent visa until august and then I applied for flr fp, still waiting for decision. But wife's set lr is refused due to tax issue in june with the in country appeal right. I haven't received my decision yet.
I want to ask is it i will be eligible for set lr or not?
If i am eligible can i very my application from flr fp to set lr premium service?
Please give me advice. Thanks

[Casa]

Under what grounds have you submitted a FLR(FP) application?

[CR001]

In addition to Casa's question, did you submit FLR(FP) before your visa expired?

Why FLR(FP) and not FLR(M)?

[Harry23]

In addition to Casa's question, did you submit FLR(FP) before your visa expired?

Why FLR(FP) and not FLR(M)?

As my wife applied for set lr, I applied for flr fp and advised on the cover letter to hold the case until my wife's application case is not decided, as my 10 years are going to completed so thought i will vary my application to lr when she will get ilr. Now unfortunately her ilr is refused but ho haven't decided mine. So don't know if i am eligible for ilr kr or not! Yes I applied my application before the expiry of my visa! Thanks

[CR001]

Can you list all the dates of issue and expiry of all your visas you have held and the date you submitted your FLR(FP) application?

FLR(M) would have been the correct form by the way if your spouse applied for ILR LR.

[Harry23]

Can you list all the dates of issue and expiry of all your visas you have held and the date you submitted your FLR(FP) application?

FLR(M) would have been the correct form by the way if your spouse applied for ILR LR.

Aug 2007- 2009 as student dependent
Sept 2009 to 2011 psw dependent
2011- 2016 tier 1 general dependent
Applied flr fp in 16th dec 2016 before exipry of the visa.

[CR001]

You would have to apply to vary your FLR(FP) application to Set(LR). You must do this before your FLR(FP) visa is refused in order to keep your Section 3C intact.

On what date did you ENTER the UK in 2007??

[Harry23]

You would have to apply to vary your FLR(FP) application to Set(LR). You must do this before your FLR(FP) visa is refused in order to keep your Section 3C intact.

On what date did you ENTER the UK in 2007??

25 th of august 2007
Do you think if i will vary to set lr same day for quick decision i will get it or not? As i can understand i will not get result same day, but might be earlier than waiting for more 6 months, as i never been out of the country more than 3 months and not having any criminal record. But very confused that they will consider my 10 year stay as wife's lr is refused on late tax with 322(5).
Thanks for all the help

[CR001]

You cannot apply any earlier to vary before 28th July.

You won't get a decision on same day appointment as they won't have your documents. You can however use the in person service to vary but it will take a few weeks.

YOU need to qualify for long residence ILR, including no absence of more than 180 days and nor total absence in 10 years of more than 540 days. You also need LIUK and English B1 test.

[Harry23]

You cannot apply any earlier to vary before 28th July.

You won't get a decision on same day appointment as they won't have your documents. You can however use the in person service to vary but it will take a few weeks.

YOU need to qualify for long residence ILR, including no absence of more than 180 days and nor total absence in 10 years of more than 540 days. You also need LIUK and English B1 test.

Hopefully i will not get result until that time, i never been outside the country more than 90 days in year, i have life in uk and English b1 already.
Thanks

[Wanderer]

On topic ish question from me.

The OP is using as part of 10 years legal stay, some years as a T1G dependant. if the T1G holder is found to be guilty of tax-teated deception does that not extend to dependants?

[CR001]

On topic ish question from me.

The OP is using as part of 10 years legal stay, some years as a T1G dependant. if the T1G holder is found to be guilty of tax-teated deception does that not extend to dependants?

No, not for long residence ILR, unless the dependent was also complicit in any tax deception in the limited company.

[Harry23]

On topic ish question from me.

The OP is using as part of 10 years legal stay, some years as a T1G dependant. if the T1G holder is found to be guilty of tax-teated deception does that not extend to dependants?

No, not for long residence ILR, unless the dependent was also complicit in any tax deception in the limited company.

Thanks for the help i got Ilr

[Harry23]

You cannot apply any earlier to vary before 28th July.

You won't get a decision on same day appointment as they won't have your documents. You can however use the in person service to vary but it will take a few weeks.

YOU need to qualify for long residence ILR, including no absence of more than 180 days and nor total absence in 10 years of more than 540 days. You also need LIUK and English B1 test.

I got my ilr. Thanks for all the help. I just want to ask as my wife's ilr lr was refused in june and now she is in appeal from june. Is she can apply any visa on my base or she need to wait for court hearing? As she want to travel and court hearing is going to take long. Please let me know. Thanks

[CR001]

Why was her ILR refused?

She could apply FLR(M), but will have to withdraw her appeal which will end her Section 3C cover if her previous visa has already expired.

[Harry23]

Why was her ILR refused?

She could apply FLR(M), but will have to withdraw her appeal which will end her Section 3C cover if her previous visa has already expired.

Her ilr refused for late filing tax. As she was self employed in 10/11 and never filed self assessment, but it was filed well before applying for ilr. There was no tax liability but home office refused that it was not filed on time and they put 322(5).
Yes her previous leave is expired. So if she will withdraw the appeal, then in future she can't apply for ilr?

[CR001]

Why was her ILR refused?

She could apply FLR(M), but will have to withdraw her appeal which will end her Section 3C cover if her previous visa has already expired.

Her ilr refused for late filing tax. As she was self employed in 10/11 and never filed self assessment, but it was filed well before applying for ilr. There was no tax liability but home office refused that it was not filed on time and they put 322(5).
Yes her previous leave is expired. So if she will withdraw the appeal, then in future she can't apply for ilr?

She will need to spend 5 years on FLR(M) - 2 x 2.5 year visas - before she can apply for ILR based on spouse visa.