SET(LR) Refused Clauses 322(1A) and 322(2)

[abdul78]

Hi Friends,

Can you please help?

I applied for SET(LR) in September, 2015 and got refusal on the grounds that home office found the discrepancy in the taxes what I showed to HMRC.

I have been given refusal clauses 322(1A) and 322(2) but also got right of appeal to submit. I have valid leave till first week of February 2016.

I don't know what to do exactly. I have already submitted my tax amendments HMRC but haven't heard anything so far and it has been 4 months.

I am currently on Tier 1 General Visa but applied on 10 years Long residency. I have both options.
I want to know can I submit fresh application on SET(LR) again if my taxes are clear or do I need to win appeal?

Can you please guide me what actions to take or any one had same problem and any solicitor who has dealt such cases before?

Thanks

[Obie]

Well T1 General is close. Any future application is likely to fail, as they are alleging deception had been used.

You must appeal and hope to succeed on it. Simply replying will not remedy this situation.

You must ensure that appeal is filed within 14 days.

[muraxza]

Hi Abdul

as you mentioned that you send amendment first and then went for a PEO did you mentioned them in interview that your amendment are with HMRC and they will process it due course? did you show them acknowledgement letter from hmrc to case worker of your amendment??

[abdul78]

Hi Abdul

as you mentioned that you send amendment first and then went for a PEO did you mentioned them in interview that your amendment are with HMRC and they will process it due course? did you show them acknowledgement letter from hmrc to case worker of your amendment??

Hi
Sorry for late reply. No Blocked Username, I sent amendments after I had attended the PEO?

[abdul78]

Well T1 General is close. Any future application is likely to fail, as they are alleging deception had been used.

You must appeal and hope to succeed on it. Simply replying will not remedy this situation.

You must ensure that appeal is filed within 14 days.

Thanks for your reply. I submitted my appeal within 14 days and was confirmed and payment deducted as well. Can you please tell me that I have dependants as well what category they will apply for if I continue appeal, then their visa will expire very soon. Can they apply for FLR(M) category as my case is in appeal and will Home office hold documents of dependants till my appeal is sorted out. Is there any requirement to switch my dependants to FLR(M) category?

Can you please let me know?

thanks

[CR001]

They will have no choice but to switch to FLR(M) if you are granted ILR based on long residency through your appeal. They cannot continue on Tier 1 G Dependent visas. They also won't qualify for FLR(M) until your ILR has been granted.

How long have your dependents been in the UK?

[abdul78]

They will have no choice but to switch to FLR(M) if you are granted ILR based on long residency through your appeal. They cannot continue on Tier 1 G Dependent visas. They also won't qualify for FLR(M) until your ILR has been granted.

How long have your dependents been in the UK?

Thanks for your reply.
They have been here nearly for Five years. They came in April 2011. I have checked on website if dependants have lived here for 7 years then I can apply on their basis to stay here. Does it matter whether my kids should were born in UK or back home.

Can you please clear your point? Do you mean to say they can not apply or switch to any Category or FLR(M) now because my case is in appeal but their visa is due to expire so will Home office not hold her documents on FLR(M) till my appeal is sorted out or I am granted ILR? Can you please clear dependants point?

Another thing wanted to ask. Does my wife qualify for Long residency?
My wife came in Sept 2007 on student visa and left country in SEPT 2008 when she had PSW dependent visa because she wanted to have baby back home and also her mother was of old age and wanted to stay there. She didn't come back in UK and her PSW expired and then got Tier 1 general dependant visa Jan 2011 Entry Clearance.
Has her long residency period been broken? Can you please confirm me? Can I show any documents as a proof to cover her broken period to cover her continuous time that she was unable to come?


Can you please let me know?

Thanks

[Obie]

At this moment, the focus should be on succeeding on your appeal, and putting in a Human Right application in if your case is not decided before her visa expires.

At this point, break in residence should really be the least of your priority.

[abdul78]

At this moment, the focus should be on succeeding on your appeal, and putting in a Human Right application in if your case is not decided before her visa expires.

At this point, break in residence should really be the least of your priority.

Thanks for your reply.
My Appeal is continue but my family (wife and two childern ) visa expiring on 15th Jan, 2016 so what application should I make for them now. Should I submit my wife and childern case for all of them on Human Right Application or FLR(M) . Will Home office not accept FLR(M) form for them till my appeal is cleared. What will be status of my wife on Human Right Application. Will she have right of work?

Can you also please confirm me that do I have right of work till my case is in appeal so that I can give appeal conformation letter to my Employer.

Thanks

[Obie]

FLR (M) is usually accepted if a SET (LR) application is pending.

In a case where your leave has been refused and deception has been invoked, and appeal could take several months, they may refuse on the basis that there is no settled person.

I believe that FLR (O) or FLR (FP) may be the most appropriate.

I believe they may be granted a right of appeal if it is rejected.

If the child was 7 or has lived here for 7 years, then right of appeal would definitely be guaranteed.

[jimtoole]

HI Abdul,

I have sent you a PM, please check.

Regards,

At this moment, the focus should be on succeeding on your appeal, and putting in a Human Right application in if your case is not decided before her visa expires.

At this point, break in residence should really be the least of your priority.

Thanks for your reply.
My Appeal is continue but my family (wife and two childern ) visa expiring on 15th Jan, 2016 so what application should I make for them now. Should I submit my wife and childern case for all of them on Human Right Application or FLR(M) . Will Home office not accept FLR(M) form for them till my appeal is cleared. What will be status of my wife on Human Right Application. Will she have right of work?

Can you also please confirm me that do I have right of work till my case is in appeal so that I can give appeal conformation letter to my Employer.

Thanks

[Obie]

You could share your experience on open forum. I am sure it will help Abdul and others.

[CR001]

You could share your experience on open forum. I am sure it will help Abdul and others.

Obie, user jimtoole Set(LR) held for further enquiries due to income / tax discrepancies. http://www.immigrationboards.com/indefi ... 00239.html

[abdul78]

FLR (M) is usually accepted if a SET (LR) application is pending.

In a case where your leave has been refused and deception has been invoked, and appeal could take several months, they may refuse on the basis that there is no settled person.

I believe that FLR (O) or FLR (FP) may be the most appropriate.

I believe they may be granted a right of appeal if it is rejected.

If the child was 7 or has lived here for 7 years, then right of appeal would definitely be guaranteed.

Do you know how long appeal time takes?
Will my dependants(childern) time be counted during my appeal or if they apply on FLR(O) or FLR(FP) and if rejected, Will their time be counted during their appeal and if they can complete their 7 years in UK while their case is continue. Will it be helping point for me in my case if my case is still continue?

Thanks

[abdul78]

You could share your experience on open forum. I am sure it will help Abdul and others.

Thanks Obie,
can you please reply me of my last message and also this?

Can you please tell me the requirement of FLR(O) or FLR(FP). My wife has Trinity college London A1 English certificate and also Level1 (Equivalent to B2) English Certificate. Does she need to take Life in the UK Test?
Is it mandatory?

Can you please update me?

Thanks

[CR001]

Life in the UK is ONLY required for ILR.

FLR(O) application and guidance notes (click)

FLR(FP) application and guidance notes (click)

[Obie]

You could share your experience on open forum. I am sure it will help Abdul and others.

Thanks Obie,
can you please reply me of my last message and also this?

Can you please tell me the requirement of FLR(O) or FLR(FP). My wife has Trinity college London A1 English certificate and also Level1 (Equivalent to B2) English Certificate. Does she need to take Life in the UK Test?
Is it mandatory?

Can you please update me?

Thanks

English language not required for both categories.

[abdul78]

You could share your experience on open forum. I am sure it will help Abdul and others.

Thanks Obie,
can you please reply me of my last message and also this?

Can you please tell me the requirement of FLR(O) or FLR(FP). My wife has Trinity college London A1 English certificate and also Level1 (Equivalent to B2) English Certificate. Does she need to take Life in the UK Test?
Is it mandatory?

Can you please update me?

Thanks

English language not required for both categories.

Thanks for your help.
appreciated

[abdul78]

Life in the UK is ONLY required for ILR.

FLR(O) application and guidance notes (click)

FLR(FP) application and guidance notes (click)

Thanks for application forms.
Will my dependants period be counted during the time my appeal or their case is with home office. I don't know how long my appeal continues but if my dependants stay here and home office holds their documents so will their time be counted during completion of further 2 years to complete their 7 years as they have already lived here for 5 years nearly.

Can you please let me know?

Thanks

[CR001]

They should be fine provided you submit applications before their current visas expire.

[jimtoole]

HI Abdul,

I have spoke to a few solicitors and they have said that its better we applied through the Set LR as if had applied through Set O there had been no right to appeal. Now we have hope that we can get this tax updated as soon as possible and win in appeal. Also after speaking to a CA its is definite that Tax amendments (where owed to HMRC) can be updated up for up to 6 years where Carelessness is pleaded and for 20 years where HMRC finds Tax Evasion. So even though its a very bad situation but not the worst and we have to face it.

Kind Regards,

[abdul78]

They will have no choice but to switch to FLR(M) if you are granted ILR based on long residency through your appeal. They cannot continue on Tier 1 G Dependent visas. They also won't qualify for FLR(M) until your ILR has been granted.

How long have your dependents been in the UK?

Hi
I called Home office couple of times and asked them what applications my dependants should make they told me that your dependants will have to make Tier 1 General Dependant Application. This category is closed for Main applicant but not for dependants and they can still extend their visa on Tier 1 General Dependant. I checked website and checked that family dependants can still make Tier 1 General Dependant Application and they will need maintenance fund for 90 days and £630 for each dependant and £945 for main applicant.
can you pelase check this link below
https://www.gov.uk/tier-1-general/overview

Can you please advise?

Thanks

[vinny]

CR001 is correct, unless you apply for SET(O) as a Tier 1 (General) Mirgrant and succeed.

[jimtoole]

HI Abdul,

Did you ask them how long will they be granted for. As our Tier 1 General is expiring shortly last time they got visa till our leave. As now we dont have a leave (covered till the appeal goes) so how long will they get their visa for if they get.

Regards,

[tuntuna]

HI Abdul,

Did you ask them how long will they be granted for. As our Tier 1 General is expiring shortly last time they got visa till our leave. As now we dont have a leave (covered till the appeal goes) so how long will they get their visa for if they get.

Regards,

Abdul is banned