STATEMENT OF ADDITIONAL GROUNDS

[tsar_bomb36]

Hello good people, I have a query and wondering if any of you can help me make a decision.

Short history of myself

2005- came to UK on the then working holiday visa, valid for 2 years

2007- applied for visitors visa valid for 6 months

2007- 2011 lived illegally for 5 years

Late 2011- applied for further leave to remain on the basis of having a child and partner ( both British born citizens) and was denied
2012- applied for further leave to remain on the basis of having a British child and wife and was granted 10 year root to settlement on on the basis of having a British wife and child on Appendix FM, renewable every 2 and half years. I applied before the new rules were introduced on 12 May 2012 but when I was granted, the new rules affected me

Late 2015 applied on form flr(fp) for leave to remain on 5 year root and was granted because my circumstances had changed as I had separated with my then wife due to irreconcilable differences. I informed the home office via a telephone call shortly after the separation that my circumstances had changed.

Second renewal is due in February 2018 and I'm wondering if I should apply for ILR for two reasons;
1. I take it the Home Office might start to consider the period within which I informed them of my change in circumstance, which is about 5 years now, as appropriate to apply for ILR as I more or less qualify for ILR on the 5 year root from then. Moreover the immigration rules seem to suggest if a wrong application is made and denied, I will automatically be granted flr fp, 2.5 year as that should have been the right application to make.
2. The difference in the cost of both applications is not that much ( flr fp £983 application fee + £500 immigration surcharge + £600 premium, all totalling £2083 and for ILR it will cost me £2297). A difference of about £200.
My second question is, if I am to apply for flr fp can I use certificate B1 as proof of my knowledge in English ( speaking and listening) as opposed to the normally required A2 for leave to remain applications as B1 is higher than A2? I have taken the life in UK test and passed with a certificate to prove.
Thank you

[tsar_bomb36]

Hello good immigration experts, please can any of you reply to my questions as it's been over a week now and no comment from anyone , thank you

[tsar_bomb36]

Dear immigration experts, I am about to apply for ILR through the family route and as part of my application I am required to provide a letter from my employer confirming I work for them and my gross annual earnings etc. I informed my manager I will be needing a letter from them and he said the Home office needs to send a written request to them before they issue a letter of employment because they don't want to breach confidentiality laws. I never had this excuse from my previous employer when I was renewing my visa.
My question is, how do I get the home office to write a letter to my employer requesting a letter of employment? Is it not mandatory that my employer provides the letter since it's the UKVI we are talking about here?How do I convince my manager and hence my employer to write a letter that is nothing more a few paragraphs? Thank you

[CMOSUK]

Dear immigration experts, I am about to apply for ILR through the family route and as part of my application I am required to provide a letter from my employer confirming I work for them and my gross annual earnings etc. I informed my manager I will be needing a letter from them and he said the Home office needs to send a written request to them before they issue a letter of employment because they don't want to breach confidentiality laws. I never had this excuse from my previous employer when I was renewing my visa.
My question is, how do I get the home office to write a letter to my employer requesting a letter of employment? Is it not mandatory that my employer provides the letter since it's the UKVI we are talking about here?How do I convince my manager and hence my employer to write a letter that is nothing more a few paragraphs? Thank you

Hi,

as long as the information that is held by your employer is YOUR information solely, then under the Data Protection Act 1998, they will have to comply in providing that information within 40 calendar days, Provided, you send a "Subject Access Request" in writing to your employer/manager and if applicable pay the costs of up £10 to them (if they request this.

In a writing, You may have to confirm you full name, address, DOB and provide them with ID, and if applicable pay the appropriate fee (up to £10, unless accessing medical records, then i think it is up £50), most importantly you should mention what information that it is you are seeking from them to confirm, in this case, you employment status with them and your current contracted rate of pay and hours you work.

again, you have a right to access information held about you in their systems as long as you follow the procedure in doing so.

please click these links.

Link 1

and

Link 2

Again, even if the HO where to write to them in regards to your information, HO would need your permission to send them a SAR (subject access request) on your behalf. The first link also contains an action protocol incase the employer fails to comply with the request after the allowed time. Hope this helps.

This is basic information held about you and your employer shouldn't have an issue so as long as the proper procedures are followed including paying any fee (up to £10) and confirming your identity with them. Again i have done a SAR many times for people (helping them get phone records) and from my company.

[vinny]

Posts merged.

[tsar_bomb36]

Dear immigration experts, I am about to apply for ILR through the family route and as part of my application I am required to provide a letter from my employer confirming I work for them and my gross annual earnings etc. I informed my manager I will be needing a letter from them and he said the Home office needs to send a written request to them before they issue a letter of employment because they don't want to breach confidentiality laws. I never had this excuse from my previous employer when I was renewing my visa.
My question is, how do I get the home office to write a letter to my employer requesting a letter of employment? Is it not mandatory that my employer provides the letter since it's the UKVI we are talking about here?How do I convince my manager and hence my employer to write a letter that is nothing more a few paragraphs? Thank you

Hi,

as long as the information that is held by your employer is YOUR information solely, then under the Data Protection Act 1998, they will have to comply in providing that information within 40 calendar days, Provided, you send a "Subject Access Request" in writing to your employer/manager and if applicable pay the costs of up £10 to them (if they request this.

In a writing, You may have to confirm you full name, address, DOB and provide them with ID, and if applicable pay the appropriate fee (up to £10, unless accessing medical records, then i think it is up £50), most importantly you should mention what information that it is you are seeking from them to confirm, in this case, you employment status with them and your current contracted rate of pay and hours you work.

again, you have a right to access information held about you in their systems as long as you follow the procedure in doing so.

please click these links.

Link 1

and

Link 2

Again, even if the HO where to write to them in regards to your information, HO would need your permission to send them a SAR (subject access request) on your behalf. The first link also contains an action protocol incase the employer fails to comply with the request after the allowed time. Hope this helps.

This is basic information held about you and your employer shouldn't have an issue so as long as the proper procedures are followed including paying any fee (up to £10) and confirming your identity with them. Again i have done a SAR many times for people (helping them get phone records) and from my company.

Thank you so much

[tsar_bomb36]

Dear immigration experts, I recently made an application for Indefinite Leave to remain as the father of a child present and settled in the UK. I have one worrying issue though and that is, I owe the HMRC tax to the tune of about £590 and I'm wondering if this can negatively affect my application. This tax that I owe came about as a result of a wrong tax code being issued to me. I have been informed by the HMRC that from April 2018 an amount of £50 will be deducted from my monthly salary to take care of tax I owe and I have no problem with that at all. I'm only slightly worried it will impact on my application negatively. I intend to borrow money and pay it ASAP so that when the UKVI make enquiries regarding my employment and tax, it won't show I owe HMRC. Any ideas or advice? Application was only put in two days ago. Thank you.

[naveediiqbal]

Dear immigration experts, I recently made an application for Indefinite Leave to remain as the father of a child present and settled in the UK. I have one worrying issue though and that is, I owe the HMRC tax to the tune of about £590 and I'm wondering if this can negatively affect my application. This tax that I owe came about as a result of a wrong tax code being issued to me. I have been informed by the HMRC that from April 2018 an amount of £50 will be deducted from my monthly salary to take care of tax I owe and I have no problem with that at all. I'm only slightly worried it will impact on my application negatively. I intend to borrow money and pay it ASAP so that when the UKVI make enquiries regarding my employment and tax, it won't show I owe HMRC. Any ideas or advice? Application was only put in two days ago. Thank you.

Shouldn't be issue as after final assessment you may owe a refund or liable to pay extra.

[tsar_bomb36]

Thank you for your reply. Puts my mind at ease somehow.

[tsar_bomb36]

Hello immigration experts, I recently applied for ILR as the biological father of a British son whose mother is native British. The HO received the application on 29 January and yesterday I received a two part letter dated 09 February 2018. One of the letters is the standard type asking applicants to go for biometric enrolment at a participating post office and also acknowledging receipt of my application. It also says my application will be decided within 6 months from the date of application unless they are prevented by reasons beyond their control, in which it will be communicated to me.
The second part is under the heading ''STATEMENT OF ADDITIONAL GROUNDS under section 120 on the Nationality, Immigration and asylum act 2002''. This is the exact wording.

There is no need to repeat reasons or evidence that you have already given if you have made an immigration application.
If you have no more reasons to give, tick the first box (A) then sign, date and return the form
If you have reasons which you have not explained before, tick the second box (B) and explain clearly;
1. Your reasons for wishing to come into the UK or stay here
2. Any grounds why you think you should be allowed to stay in the UK
3. Any grounds why you think you should not be removed from this country or asked to leave.

I'm wondering whether these are normal questions asked to anyone applying for ILR or they are pertaining to my circumstances. Anyone with good info is welcome to help please, thank you.

[CR001]

Posts merged.