10 years long residence help, pending FLR(FP)

[Riz258]

Hi all,
I am seeking all of you for urgent help as I am in a very difficult situation. I applied for ILR on tier 1 general basis in feb, 2016. Myself, and three dependants. Wife and two children. I got my rejection on 2nd nov, 2017 due to taxation issue. I am going to apply for AR. Is there any way I can save my 3C as I am completing my 10 years and would be eligible for LR application on 22nd of January. I am really v v stressed. One of my child is 9 years and other 5 years old both UK born.
I would be really thankful for your reply and guidance.

[makky86]

Hi all,
I am seeking all of you for urgent help as I am in a very difficult situation. I applied for ILR on tier 1 general basis in feb, 2016. Myself, and three dependants. Wife and two children. I got my rejection on 2nd nov, 2017 due to taxation issue. I am going to apply for AR. Is there any way I can save my 3C as I am completing my 10 years and would be eligible for LR application on 22nd of January. I am really v v stressed. One of my child is 9 years and other 5 years old both UK born.
I would be really thankful for your reply and guidance.

You have 14 days to apply for AR. While its under AR you'll be covered by Section 3C. But if the AR is refused this is where your section 3C will be over.

What exactly is the reason of the refusal?

[Riz258]

Ilr refused due to tax difference and HO said that your income is not genuine.
My question is my lawyer has told me that I can save my 3c and apply for LR if I don't get reply of AR till end of January . How long normally does it take for AR?
Or is there any other application I can pursue like FLR fp?

[makky86]

Ilr refused due to tax difference and HO said that your income is not genuine.
My question is my lawyer has told me that I can save my 3c and apply for LR if I don't get reply of AR till end of January . How long normally does it take for AR?
Or is there any other application I can pursue like FLR fp?

Not sure how long AR takes but you should apply in 14 days.

Also, 10 year ILR require you to have legal status throughout 10 years. As you have mentioned that officer refused based on that your income was not geniune so basically you should not have been issues T1.
This itslef can lead to the refusal as well even if you apply on 10-years route.

Wait for other gurus to resonsd

[CR001]

AR takes between 14 days and 28 days to conclude. AR is for when HO has made an error and will likely not drag on till January.

[Carwan10]

Hi Riz

I am not immigration lawyer or person but if you’ve been refused on basis of tax issues then you cant get ILR by applying LR application,
Its going to be same story as you are dealing with,
So my opinion is to apply visa on basis of yours kidz 7 years rule and save your money and time.

Thanks

[makky86]

Hi Riz

I am not immigration lawyer or person but if you’ve been refused on basis of tax issues then you cant get ILR by applying LR application,
Its going to be same story as you are dealing with,
So my opinion is to apply visa on basis of yours kidz 7 years rule and save your money and time.

Thanks

AS per OP question the UK born kid is only 5 years old.

[donny123]

Hi Ritz
At firsts Sorry for your refusal, I am not expert or solicitor to advice you, but I can advice from my experience. You should apply AR within 14 days and prepare to apply lr for you and flr m for your wife any reasonable time after apply of AR, when they will decide your lr case I think you will reach 10 years, most likely they will refuse your lr as well but you will get appeal right, and that will complete your son’s 10 years. But still take advice from solicitor or experts from this forum. Best of luck.

[makky86]

Hi Ritz
At firsts Sorry for your refusal, I am not expert or solicitor to advice you, but I can advice from my experience. You should apply AR within 14 days and prepare to apply lr for you and flr m for your wife any reasonable time after apply of AR, when they will decide your lr case I think you will reach 10 years, most likely they will refuse your lr as well but you will get appeal right, and that will complete your son’s 10 years. But still take advice from solicitor or experts from this forum. Best of luck.

That is NOT correct advise. He has 14 days to apply for AR. AR is decided between 14-28 days unless its in OPs favor he has no other options as that ends section 3C. He will be short of weeks eligible for 10 years

[donny123]

Hi Makky86
Thanks for your advice, but so far I know if you apply ILR (LR), when case worker will decide if that time you reach 10 years than you are eligible? I think Riz will get that time because if he applied than will takes at least 1 month to get biometric letter than another 3 weeks to give biometric. Anyway you should take advice from experts.

[makky86]

Hi Makky86
Thanks for your advice, but so far I know if you apply ILR (LR), when case worker will decide if that time you reach 10 years than you are eligible? I think Riz will get that time because if he applied than will takes at least 1 month to get biometric letter than another 3 weeks to give biometric. Anyway you should take advice from experts.

It is a good way to buy some extra time but I am not sure if that will. Lets wait for experts to respond.

[sanshah]

Hi Riz!
I have exactly similar case like you only difference was i did not have any dependent. My solicitor encouraged me to apply for Flr Fp to cover my time period which was 1 and half month short of my 10 year period. I did apply for flr fp and and once i reached my 10 years i did apply LR, and later withdraw my FLR fp. The chances are very minimal that i will get ILR but still hoping for the best. And as far AR decision is concern it wouldn't take more than a month from the date u apply for it. Might take longer in exceptional cases. All the best

[Riz258]

No both of my children are born in UK
quote=makky86 post_id=1559822 time=1510238883 user_id=77723]

Hi Riz

I am not immigration lawyer or person but if you’ve been refused on basis of tax issues then you cant get ILR by applying LR application,
Its going to be same story as you are dealing with,
So my opinion is to apply visa on basis of yours kidz 7 years rule and save your money and time.

Thanks

AS per OP question the UK born kid is only 5 years old.
[/quote]

[Riz258]

Hi Riz!
I have exactly similar case like you only difference was i did not have any dependent. My solicitor encouraged me to apply for Flr Fp to cover my time period which was 1 and half month short of my 10 year period. I did apply for flr fp and and once i reached my 10 years i did apply LR, and later withdraw my FLR fp. The chances are very minimal that i will get ILR but still hoping for the best. And as far AR decision is concern it wouldn't take more than a month from the date u apply for it. Might take longer in exceptional cases. All the best

Please what about right to work? How did you vary from FLR fp ?

[Kay2323]

Ritz, sorry to hear about your refusal. HO only wants EU people to get their ILR and protect their rights. HO is only concern about 2010-2011 tax and totally ignoring the hefty taxes we have paid since past 10 years. Needless to mention the HO fees we have paid for all extensions so far and according to recent PM announcement ILR or Extension fees of EU is going to be less then passport fees which is very unfair. We get the same national wages as them so why this discrimination.

Any ways coming to your case,I am not an expert but sharing my suggestion.

Apply AR on 15th or 16th Nov taking in account you have received refusal on 2nd November, 2017.

As per above comments HO will take 14 to 28 days which you will land in December and as every organisation even HO will be in Christmas mood or may be short of staff i guess. Assuming they dont reply within 28 days which will be around 12th December, 2017 then you just need to wait until 22nd December as you can apply for LR 30 days prior of your 23rd Jan.

In between be ready with plan B if they refuse your AR withing 28 days

I hope this helps and works for you.

[Riz258]

First off all thank you so much for all of your suggestions.
I can only apply on 22nd of January i.e. 28 days prior for completing my 10 years.
Please that's my humble request to the experts in this forum to guide me.
If I get an early response and apply FLR fp within 14 days and after that in January vary my application to LR. Is this a feasible solution?
My 3C will be saved ?
I know chances of successful LR application will be minimal. But on the other hand there is chance of getting appeal right.
Thank you

[ilruk84]

Hi Riz258

If you apply on the basis of 10 year for ILR you will be most likely be getting refusal for your previous deception you have on your application as HO is now even looking into the tax evasion on 10 years route.

As you mention that you have two kids one is 9 years and second one is 5 years both UK born so your best bet will be to apply for FLR FP as one of your kid has been here for more than 7 years.

I will suggest to wait for experts to comment and suggest you the best way forward.

[monty87]

@riz

Sorry to hear about your refusal.

What was your situation and explanation for HMRC tax discrepancies? Its very likely that set(lr) will be refused due to 322(5) imposed by HO unless it is challenged in the court.

[Riz258]

Thank you all for reply.
I know the chance of getting ILR on LR are less it I want to save my 3c. 2ndly my wife is going to compete 10 years in and would be eligible to apply for LR in April.
I don't know how to approach this situation. I don't know if I apply FLR FP and then Vary to LR it will save 3c?
Secondly my case was not refused on amendments , HO has wrongly assumed some tax difference. I have got letter from my accountant with explanation for AR.
Please moderators and members guide me in a difficult time .

[Riz258]

Zimba88 and all moderators I am waiting for your reply and help.
Thank you

[sm12]

Very sorry to hear about this.
Is it correct that you did not amend your tax returns at all, or is this simply not stated in the letter?

Also, can you type out the full reason on here, so that people can better understand what is stated in the letter from HO?

[Route to ILR]

Thank you all for reply.
I know the chance of getting ILR on LR are less it I want to save my 3c. 2ndly my wife is going to compete 10 years in and would be eligible to apply for LR in April.
I don't know how to approach this situation. I don't know if I apply FLR FP and then Vary to LR it will save 3c?
Secondly my case was not refused on amendments , HO has wrongly assumed some tax difference. I have got letter from my accountant with explanation for AR.
Please moderators and members guide me in a difficult time .

@Riz258 If u think u never lied about tax issues than u can go for JR as well after AR refusal. But i think they have strong case against u as most of Tier 1 general did something wrong with their tax declarations. U can only save your 3c if u win JR. and u r not covered by 3c during JR process. When your AR refuses your 3c ends. So no legally work right after that Unfortunately.
U r in a very difficult position after deception allegations. Even if somehow u manage to complete 10 years, your chances to get ILR on 10 year basis r very slim as HO will take into account your previous deception.

As your wife is completing her 10 years in April. My advise is, u and your apply flr fp separately after AR refusal. Once u complete 10 years vary flr fp to set lr. So your wife do the same when her 10 years complete in April.

[ashak]

Hi Riz,
Could you please elaborate non genuine income ? was employment or self employment ? how they said its non genuine how did you earn ?

[Riz258]

Thank you all for reply.
I know the chance of getting ILR on LR are less it I want to save my 3c. 2ndly my wife is going to compete 10 years in and would be eligible to apply for LR in April.
I don't know how to approach this situation. I don't know if I apply FLR FP and then Vary to LR it will save 3c?
Secondly my case was not refused on amendments , HO has wrongly assumed some tax difference. I have got letter from my accountant with explanation for AR.
Please moderators and members guide me in a difficult time .

@Riz258 If u think u never lied about tax issues than u can go for JR as well after AR refusal. But i think they have strong case against u as most of Tier 1 general did something wrong with their tax declarations. U can only save your 3c if u win JR. and u r not covered by 3c during JR process. When your AR refuses your 3c ends. So no legally work right after that Unfortunately.
U r in a very difficult position after deception allegations. Even if somehow u manage to complete 10 years, your chances to get ILR on 10 year basis r very slim as HO will take into account your previous deception.

As your wife is completing her 10 years in April. My advise is, u and your apply flr fp separately after AR refusal. Once u complete 10 years vary flr fp to set lr. So your wife do the same when her 10 years complete in April.

Thanks for your suggestion. Any idea when my wife will vary from fLR Fp to LR in April what will be her status in terms of right to work?
Secondly home office has not raised any question about amendments just a tax difference that is nearly 2000£. Which is based on wrong assumptions by home office. As far as my decision is concerned I don't need any advice for AR.
Also one lawyer has told me that once we vary from Flr Fp to LR we will get our right to work back. Is that true?
Because wherever I go people tell me different stories and options. Please if anyone authentically answer my question.
Thank you so much once again for your replys and time .

[Route to ILR]

Thank you all for reply.
I know the chance of getting ILR on LR are less it I want to save my 3c. 2ndly my wife is going to compete 10 years in and would be eligible to apply for LR in April.
I don't know how to approach this situation. I don't know if I apply FLR FP and then Vary to LR it will save 3c?
Secondly my case was not refused on amendments , HO has wrongly assumed some tax difference. I have got letter from my accountant with explanation for AR.
Please moderators and members guide me in a difficult time .

@Riz258 If u think u never lied about tax issues than u can go for JR as well after AR refusal. But i think they have strong case against u as most of Tier 1 general did something wrong with their tax declarations. U can only save your 3c if u win JR. and u r not covered by 3c during JR process. When your AR refuses your 3c ends. So no legally work right after that Unfortunately.
U r in a very difficult position after deception allegations. Even if somehow u manage to complete 10 years, your chances to get ILR on 10 year basis r very slim as HO will take into account your previous deception.

As your wife is completing her 10 years in April. My advise is, u and your apply flr fp separately after AR refusal. Once u complete 10 years vary flr fp to set lr. So your wife do the same when her 10 years complete in April.

Thanks for your suggestion. Any idea when my wife will vary from fLR Fp to LR in April what will be her status in terms of right to work?
Secondly home office has not raised any question about amendments just a tax difference that is nearly 2000£. Which is based on wrong assumptions by home office. As far as my decision is concerned I don't need any advice for AR.
Also one lawyer has told me that once we vary from Flr Fp to LR we will get our right to work back. Is that true?
Because wherever I go people tell me different stories and options. Please if anyone authentically answer my question.
Thank you so much once again for your replys and time .

After AR Refusal 3c ends for both of you. No right to work. No other way round. Once your right to work ends it will not come again until u get the new visa. If you and your wife employer check ECS and it will come negative it would effect your wife Set lr application if they find that she is working without right to work. So be very very careful.
Your wife can go to premium service for her set lr application. I know a friend who did the same and got the ILR in one week. It depends on caseworker as well. Try to go sheffield PEO for same day service. Pay a new set lr fees with the covering letter that your wife wants to vary her flr fp application to set lr and ask them for the flr fp fees refund with health surcharge. Again it also depends on the caseworker. In my friend case i think he was very lucky that he got his ILR in one week time.

He applied flr fp after Ar refusal and spend 4 months on flr fp than vary it to set lr on same day at sheffield PEO.