ILR Refused via Tier-1 General..Reapplying Questions

[zullu41]

Please stop creating mulitple posts (click)

Acknowledged. I will put queries here now.

My AR was unsuccessful and the original refusal was maintained. Now i am planning to re apply as my missing SAs are already filed and i have the SA302s.

My query is that can the dependents also re apply with me if the application is within there 28 days overstaying period ? or do i need to do there extension first to align them with my Tier-1 G leave (which is till Mar 2018 ) ?

[CR001]

When did their visa expire? Why did you not extend their visas when you extended yours?

[zullu41]

When did their visa expire? Why did you not extend their visas when you extended yours?

I did my extension as a back up plan ( as i was qualifying for ILR in Oct 2015 without this extension ) and to save money i didn't do it for my dependents.
But now since due to this missing SA the ILR has been refused and also the AR refused so my family overstaying period has started from 07-01-2016 ( and they have been served enforcement notice ).
So now i am deciding to take which path :

(1) Re apply for ILR along with my dependents within the 28 days period ? ( if legally and technically possible )
or
(2) First do there extension to align them with my visa and later apply ILR ? ( again there is added complexity that as i was charged with deception due to this missing SA ; will the extension will be granted or do i have to clear myself first )

[zullu41]

Just to add that me + dependents applied for ILR in oct 2015 which was refused and then we filed AR which was also refused on 06-01-2015. I have the visa till 2018 but my dependents visa expired on 18-10-2015. So there overstaying period has started from 07-01-2016.

[jimtoole]

It was sure that the AR will be unsuccessful as its just a cover for HO. I wish you all the best with your fresh application and also thank you for your kind updates on the forum to educate others in your situation. I am and many others are in the same boat.
God Bless.
All the best bro.
Regards,

Just to add that me + dependents applied for ILR in oct 2015 which was refused and then we filed AR which was also refused on 06-01-2015. I have the visa till 2018 but my dependents visa expired on 18-10-2015. So there overstaying period has started from 07-01-2016.

[zullu41]

do i have to be in UK on the same date 5 years earlier ?

This requirement is applicable to British Citizenship applications.

Thanks. So just to confirm if calculating continuous period from 30-01-2016 total absences are below (including 30-01-2016)


Feb 2011 28 Days
March 2011 31 Days
April 2011 08+14 Days
May 2011 31 Days
June 2011 30 Days
July 2011 09 Days

Total Days outside UK in first 12 months 153 Days

So it is within the 180 days so the continuous period should be fine ?
Also do i need to explain every absence above 30 days with a evidence ? ( my main reason for these absences was birth of a child so a letter from me + the child birth certificate is enough evidence ? )

[shib123]

Any body know if I can go for Same day service again ( as I got refusal letter for Self Assessment Return not filing ) ? or only I can make postal application next?

[jimtoole]

If you think you can make a postal application, what makes you think you can not make a PEO application??. Be rational to your approach and ask valid questions please that is why no moderators answered it so far. YOU can use any way or Method to make an application again that is permitted by HO>

Hope that solves your question.
Regards.

Any body know if I can go for Same day service again ( as I got refusal letter for Self Assessment Return not filing ) ? or only I can make postal application next?

[manjunathhr]

Hi Zullu,

I got ILR refused and now visa has experied from yday...just want to know can we get change to apply ILR even after Administrator Reviewed refused.
please explain that how many days wull get time reapply for ILR

[shib123]

Thanks Jimtoole for the info. I was told by the immigration advisor that when a rejection happens, it is no longer a straight forward case.

[jimtoole]

HI mate trust me I have been speaking to Immigration barristers lately in the past 2 weeks and can tell you for sure that applying in PEO with all your documents in order is better then postal (Barristers Advice). So if you can afford apply Croydon PEO and you should get it. If you do postal you are giving them enough time for all scrutiny also take a lawyer with you this time to PEO.

Thanks

Thanks Jimtoole for the info. I was told by the immigration advisor that when a rejection happens, it is no longer a straight forward case.

[jimtoole]

Need more details for your case. What category did you apply? Why was the ILR refused? On what basis do you wish to apply ILR again?

If you think AR will definitely fail you need to consult a good immigration lawyer mate. After AR failure you get time to put in a fresh application but that will depend on your then circumstances.

Regards,

Hi Zullu,

I got ILR refused and now visa has experied from yday...just want to know can we get change to apply ILR even after Administrator Reviewed refused.
please explain that how many days wull get time reapply for ILR

[shib123]

Hi Jintoole,

My ILR was refused because my self assessment was not filed and when HO contacted HMRC, they told, they are unaware of my self employment income. Not blaming the Accountant, but my fault as well as not knowing about self assessment. There is no tax due as the dividends were claimed within the limit. All other taxes were paid on time, and only SA was missing for all the previous years. Also previously submitted company accounts reflects the dividends and salary. HO told, as the previous income was not declared, the current income cannot be considered. So 7600£ in trouble. Now waiting for the SA to be completed, but even if I complete now, as per the previous posts, I could see the chances of rejection will be more. I have visa until 2018 but families expiring by March 2016. It was Belfast PEO. So just thinking to go again for fresh application as the chances for review success is less.

[jimtoole]

Mate consider yourself lucky that you have visa till 2018. So First thing Get the SA in order for all last 5-6 years. Apply for visa extension for your family this will be Tier 1 dependants. Then just once all accounts are updated with HMRC and you get updated tax docs from them apply again and this time have a immigration lawyer/consultant by your side.

Hi Jintoole,

My ILR was refused because my self assessment was not filed and when HO contacted HMRC, they told, they are unaware of my self employment income. Not blaming the Accountant, but my fault as well as not knowing about self assessment. There is no tax due as the dividends were claimed within the limit. All other taxes were paid on time, and only SA was missing for all the previous years. Also previously submitted company accounts reflects the dividends and salary. HO told, as the previous income was not declared, the current income cannot be considered. So 7600£ in trouble. Now waiting for the SA to be completed, but even if I complete now, as per the previous posts, I could see the chances of rejection will be more. I have visa until 2018 but families expiring by March 2016. It was Belfast PEO. So just thinking to go again for fresh application as the chances for review success is less.

[shib123]

Hi Jimtoole, please let me know if the following additional docs are sufficient when reapplying,

1. Employment history from HMRC
2. Personal Letter explaining why the SA was delayed
3. Letter from accountant explaining the tax payment history
4. SA302 from HMRC
5. Earnings confirmation from Accountant

[jimtoole]

Yes mate seems fine but as advised before this time do not risk it by doing it on your own and take a qualified person with you to represent you and also he can check all your documents to make sure every thing is in order. Even though I know by now HO has made us Visa consultants ourselves but its not worth the hassle
and risk.

Hi Jimtoole, please let me know if the following additional docs are sufficient when reapplying,

1. Employment history from HMRC
2. Personal Letter explaining why the SA was delayed
3. Letter from accountant explaining the tax payment history
4. SA302 from HMRC
5. Earnings confirmation from Accountant

[shib123]

I have found some solicitor online and made payment. But no news after making payment. Not sure they are a scam. Any one knows about reference to company websites removed by moderator

[jimtoole]

To find a good Immigration solicitor with experience follow these step.

1. Google Immigration Tribunals.
2. Find Cases for ILR appeals similar to your case.
3. On the published Tribunals the name of Solicitors is always there so make a note of a few solicitors that have won the appeals.
4. Call them and tell them what services you want and ask them their fixed fee.
5. Decide after meeting them if you are happy to have them working for you.

This way you know the solicitors have experience in winning immigration appeals so must be able to help you get through your application.

This is my opinion.

Regards,

[shib123]

Thanks Jimtoole for the info. very useful

[shib123]

Hi, any one know how the review process will be? I don't want to go through Solicitor as it will not be affordable to me as I already lost 6700£ for visa fee and 1800 £ taken by some online scams.

Will be getting UTR number within 10 days only. But my review period ends tomorrow. My questions are,

1. When I submit for the review, do I need to give supporting documents as well? in my case I will be able to amend SA within 10 days only.
2. Do I need to tell now itself, why needs to reconsider the decision or will they call me for a hearing to submit my points?
3. Will the review be happening on the same PEO centre?
4. If they call for hearing, approximately how many days after could be ? (just to know if I could get enough time to make everything clear meanwhile)

[jimtoole]

Mate you need to be ready with a back up plan. If the AR fails you need to apply fresh with in 28 days and this time in a category where you know you will succeed 100%.
I sent my amendments to HMRC on 5th Jan they got it on 8th Jan according to the Royal mail Delivery Report. Now I have called them since then and they can still not see in their system. I called them today and the lady said "WE HAVE LOST THEM SEND IT AGAIN". So with HMRC we are dealing with not a very competent department as if they can loose a signed for delivery then any thing is possible or not possible in time.

Hi, any one know how the review process will be? I don't want to go through Solicitor as it will not be affordable to me as I already lost 6700£ for visa fee and 1800 £ taken by some online scams.

Will be getting UTR number within 10 days only. But my review period ends tomorrow. My questions are,

1. When I submit for the review, do I need to give supporting documents as well? in my case I will be able to amend SA within 10 days only.
2. Do I need to tell now itself, why needs to reconsider the decision or will they call me for a hearing to submit my points?
3. Will the review be happening on the same PEO centre?
4. If they call for hearing, approximately how many days after could be ? (just to know if I could get enough time to make everything clear meanwhile)

[usernew123]

Hi Jimtolle, A quick question, if incase someone's AR is failed can someone again apply for ILR as fresh application?

[shib123]

Even though there is visa validity, one must go for AR ?

[shib123]

After a long chase, got my money back from the solicitor. Also got my UTR number. Will be applying PEO next month

[zullu41]

Hi,

I got the ILR approved today in re application.

Based on my experience following are key points:
(1) Sort out the SA returns filing/corrections
(2) Find a good solicitor/immigration consultant ( very hard to find )
(3) You should have a good reason with proof why the SA were not filed/correct before
(4) Re apply.

Admin review is a complete waste of time and money. On the positive side it gives you some extra time ( upto 28 days ) to prepare your case.

If your visa has expired then you have 28 days after the admin review result to re apply.