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set(lr) if set(o) is rejected

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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canon123
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Posts: 275
Joined: Sun Oct 25, 2009 9:51 am

set(lr) if set(o) is rejected

Post by canon123 » Thu Feb 12, 2015 10:56 am

First entry to UK: Jan 2005, since then I extended student visa and then PSW and finally got Tier1 in Feb 2010.

Feb 2015: Applied for ILR at PEO under Tier 1 5 year route. Application on hold with home office for further verification. Not sure how long it takes. 20th Feb 2015 Tier 1 visa expires.

My question is, If for any reason home office rejects my application and no appeal given or lost for any reason.

Can I apply for 10 year route set(lr) after ILR set (o) rejection as I came in Jan 2005 and stayed legally till Jan 2015?

Will I be a over stayer if I make new set(lr) application after set(o) is rejected under Tier 1 route?

Members please advise
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canon123
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Re: set(lr) if set(o) is rejected

Post by canon123 » Fri Feb 13, 2015 1:16 am

please advice
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murugan14
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Re: set(lr) if set(o) is rejected

Post by murugan14 » Fri Feb 13, 2015 9:23 am

Hi canon123 looks like you are in the same situation like me.

Tier 1G 3 + 2 with two dependants
Application date : may 2014
Visa expiry date : 13th may 2014
10 Years legal residence completed - 7th october 2014
letter for interview : 29th jan 2015
Interview date : 9th feb 2015

Now wondering what would be my options in case of a negative from home office. :(
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canon123
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Re: set(lr) if set(o) is rejected

Post by canon123 » Fri Feb 13, 2015 9:43 am

What was the interview about and how did it go
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murugan14
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Re: set(lr) if set(o) is rejected

Post by murugan14 » Fri Feb 13, 2015 10:02 am

canon123 wrote:What was the interview about and how did it go

General questions about me, my work, studies and at the end they said the case worker has a query about the earnings i submitted during my last extension. they said there is a discrepancy in the earning amount i claimed to ukba and i declared to the HMRC. i explained to them the details what i submitted to ukba was not for the full tax year between april to april and falls between two different tax years and the amounts have been declared in the respective tax years to the hmrc. i offered them to get the statement from hmrc and send to them. They said they will put a note to the case worker about this. Now iam not sure if the explanation would be accepted by the home office.
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canon123
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Re: set(lr) if set(o) is rejected

Post by canon123 » Fri Feb 13, 2015 10:15 am

were you a LTD company?

It will all go well.
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murugan14
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Re: set(lr) if set(o) is rejected

Post by murugan14 » Fri Feb 13, 2015 10:16 am

canon123 wrote:were you a LTD company?

It will all go well.

No sole trader selfemployed.
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canon123
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Re: set(lr) if set(o) is rejected

Post by canon123 » Fri Feb 13, 2015 10:21 am

initial tier1, was it same??
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murugan14
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Re: set(lr) if set(o) is rejected

Post by murugan14 » Fri Feb 13, 2015 11:12 am

canon123 wrote:initial tier1, was it same??

yes initial tier 1 also same. they were questioning about my extension earnings only.
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canon123
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Re: set(lr) if set(o) is rejected

Post by canon123 » Fri Feb 13, 2015 11:17 am

Do you have Self assessment copy for those 2 years. Just in case if they ask to send any additional things, you can send them
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murugan14
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Re: set(lr) if set(o) is rejected

Post by murugan14 » Fri Feb 13, 2015 11:22 am

canon123 wrote:Do you have Self assessment copy for those 2 years. Just in case if they ask to send any additional things, you can send them

yes i have requested hmrc about it, not sure if case worker will contact me asking about it. Dono if i should file a variation of application to 10 year LR, in that case not sure what to apply for my dependants or wait until a decision comes for my present application. :(
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canon123
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Re: set(lr) if set(o) is rejected

Post by canon123 » Fri Feb 13, 2015 11:26 am

You will get it.
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canon123
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Re: set(lr) if set(o) is rejected

Post by canon123 » Fri Feb 13, 2015 11:58 am

Fyi...

If you filed your return using the HMRC software you should be able to print out a tax calculation (SA302). When you log in to your HMRC account choose Tax return options and pick the year you need. You should see a link for VIEW RETURN. If you follow this link you will be given an option view your calculation for your latest submitted return after which you will be given the option to view and print full calculation.
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murugan14
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Re: set(lr) if set(o) is rejected

Post by murugan14 » Fri Feb 13, 2015 2:15 pm

from hmrc website only the payments done is shown not the full tax return.
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mnaeem126
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Re: set(lr) if set(o) is rejected

Post by mnaeem126 » Sat Feb 14, 2015 12:34 am

Pls let us know the outcome as many others like me could be in the same boat. I did the same for my extension as my earnings were falling in last 6 months of 2011 n 1st 6 months of 2012. Total were 28000. I paid tax on 14000 in 2011 n on 14000 in 2012. I dont know it is right practice if ur income falls half n half in 2 financial years n how home office takes it but pls keep us informed ss soon as u get any update. We wud b grateful to you. Regards.
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canon123
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Joined: Sun Oct 25, 2009 9:51 am

Re: set(lr) if set(o) is rejected

Post by canon123 » Sat Feb 14, 2015 12:51 am

Hi Murugan

Your accountant should have a copy of the return before filing with HMRC. I guess SA100
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canon123
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Posts: 275
Joined: Sun Oct 25, 2009 9:51 am

Re: set(lr) if set(o) is rejected

Post by canon123 » Sat Feb 14, 2015 12:56 am

Please advise if I can go for 10 year route??




First entry to UK: Jan 2005, since then I extended student visa and then PSW and finally got Tier1 in Feb 2010.

Feb 2015: Applied for ILR at PEO under Tier 1 5 year route. Application on hold with home office for further verification. Not sure how long it takes. 20th Feb 2015 Tier 1 visa expires.

My question is, If for any reason home office rejects my application and no appeal given or lost for any reason.

Can I apply for 10 year route set(lr) after ILR set (o) rejection as I came in Jan 2005 and stayed legally till Jan 2015?

Will I be a over stayer if I make new set(lr) application after set(o) is rejected under Tier 1 route?

Members please advise
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