ILR through Tier 1 (General). Please help!!

[Waleedmirza83]

Hi guys,

I have few questions about my case.

1- I have applied ILR in Dec 2015 under the guidance of Long Residence (10 years) which got refused as of under Tax payment in my previous Tier 1 (G) and misleading figures to HMRC and UKVI as per case worker. I have already lodged an appeal against the decision as I had a right of appeal. However my Tier 1 (G) is still valid till Apr 2016 (Next month). They have not curtailed my Tier 1 (G). I have paid the tax now and have HMRC confirmation of revised figures and payment. According to Solicitor I can lodge a fresh ILR application on the basis of Tier 1 (5 Year) route. I do meet the earnings and all other criteria for ILR (5 years Tier 1 route). I have already made a premium appointment for 08 Apr 2016. Is that acceptable or not please? What are the chances of Home Office entertaining my application when it was already refused 3 months ago for same reasons.

2- My wife is on Spouse (Tier 1) for less than 2 years in UK. Her visa will expire on the same day as mine which is 12 Apr 2016. If I do not get my ILR before that date. How would it effect her immigration status?

3- If I get ILR by 12 Apr 2016 and she has not done her English qualifications by that time, can I send her application FLR (M) with a covering letter explaining that we are waiting for her English qualifications?

4- Last as I have paid £1900 for PO. If Home office refuse to accept my application on the day at Sheffield Visa Centre, as of my appeal going parallel. Would I loose the whole money or they will refund it?

I would highly appreciate if someone can kindly answer these questions for me!!!

[CR001]

1. They can look at a new application, but of course there is no guarantee you will get an approval if previous refusal for ILR was for deception. You cannot lodge a new application if you have an appeal pending. My understanding is that you have to withdraw your appeal before you are able to submit a new application.

2. She will not have any status. If both your visas expire, you will become overstayers. You might be covered by 3C if you follow the appeal process, but not your spouse unless she submits some sort of application.

3. No, her FLR(M) will be refused if she does not submit the English test. If you get ILR, why can she not continue to extend her Tier 1 G dependent visa? The rules allow this provided you get ILR based on 5 years Tier 1 G.

4. You will not get a refund.

[Waleedmirza83]

Thank you very much for your reply. I really appreciate it.

1- So if I withdraw my appeal and get refusal God forbidden, I will be left with no choice then if no right of appeal is given. What is the best solution in my case then.

3- My wife will still need English Qualification to extend spouse Tier 1 (G). Isn't that correct?

[Waleedmirza83]

1- Also in relation to new application, the grounds for revised tax returns will be my accountant errors and incompetency due to which I have changed my accountant and paid the right tax. Is it acceptable?

[CR001]

It is your business, your income and your responsibility to make sure all your obligations are met and paid and that you meet all the requirements of your visa. HO won't take pity on you if you say 'it was my accountants fault', if that is what you expect. Given how harsh they are being regarding tax and income discrepancies / declared previously, I would be worried.

[f317633]

Hi guys,

I have few questions about my case.

1- I have applied ILR in Dec 2015 under the guidance of Long Residence (10 years) which got refused as of under Tax payment in my previous Tier 1 (G) and misleading figures to HMRC and UKVI as per case worker. I have already lodged an appeal against the decision as I had a right of appeal. However my Tier 1 (G) is still valid till Apr 2016 (Next month). They have not curtailed my Tier 1 (G). I have paid the tax now and have HMRC confirmation of revised figures and payment. According to Solicitor I can lodge a fresh ILR application on the basis of Tier 1 (5 Year) route. I do meet the earnings and all other criteria for ILR (5 years Tier 1 route). I have already made a premium appointment for 08 Apr 2016. Is that acceptable or not please? What are the chances of Home Office entertaining my application when it was already refused 3 months ago for same reasons.

2- My wife is on Spouse (Tier 1) for less than 2 years in UK. Her visa will expire on the same day as mine which is 12 Apr 2016. If I do not get my ILR before that date. How would it effect her immigration status?

3- If I get ILR by 12 Apr 2016 and she has not done her English qualifications by that time, can I send her application FLR (M) with a covering letter explaining that we are waiting for her English qualifications?

4- Last as I have paid £1900 for PO. If Home office refuse to accept my application on the day at Sheffield Visa Centre, as of my appeal going parallel. Would I loose the whole money or they will refund it?

I would highly appreciate if someone can kindly answer these questions for me!!!

Did you apply at PEO in December when ur application was rejected? Were you employed or self employed at the time of your ILR application in December?

[Waleedmirza83]

Okay. Thank you for your kind advise. I am not sure what to do at this point of time then. Shall I leave as it is and fight in the court in front of judge as it was not that I have not paid tax at all. I had £27000 for my payee job in my initial application and £21000 from payee job at the time of extension for which tax has been paid already.

[Waleedmirza83]

Yes I have used premium service in Dec.
I was employed and self employed at the time of Tier 1 Initial and Extension but now have become a ltd company. My earnings requirements were £35000
Earnings at initial from Payee £27000 and self employment £8000
Earnings at extension from Payee £21000 and self employment £16000
Current figures of 2015/16 from Payee £13000 and Dividends from company £23000
I am still not sure shall I take a chance going to Premium service by withdrawing an appeal OR
Wait for my appeal and try ti win in front of judge.

[CR001]

If you go the appeal route, your problem will be your dependents as they have no application or appeal in process.

[Waleedmirza83]

So I guess the best solution will be to go at PEO and explain everything to the case worker and wish mysefl good luck. Thank you guys for your help and advise. It was all very useful.
Will post again after my appointment on 08 Apr 2016. Wish me good luck

[f317633]

Yes I have used premium service in Dec.
I was employed and self employed at the time of Tier 1 Initial and Extension but now have become a ltd company. My earnings requirements were £35000
Earnings at initial from Payee £27000 and self employment £8000
Earnings at extension from Payee £21000 and self employment £16000
Current figures of 2015/16 from Payee £13000 and Dividends from company £23000
I am still not sure shall I take a chance going to Premium service by withdrawing an appeal OR
Wait for my appeal and try ti win in front of judge.

So the underpayment of tax was in the initial application or the extension application or both?

All the best for your PEO appointment in April. Good luck mate.

[Waleedmirza83]

Unfortunately it was both applications but I truly wasn't aware of it as if it was discrepancies as I had that profit at the time of applications but being reduced after expenses at the time of Tax Return. Also, how come they didn't pick up during my extension in 2013 and refused. I traveled 3-4 times after gaining both visas. Being stopped at Heathrow airport in 2014 and questioned but got cleared after answering all the self employed queries. I had no idea at all if I will get a refusal otherwise I would have done everything correct before applying. I had my visa till Apr 2016 anyway. Seems like they started doing these checks quite recently and I was one of the victim. My bad

[Waleedmirza83]

My Solicitor is quite positive about it as he says I am still doing the same business full time now which gives an indication that It wasn't just opened to gain the visa. The figures look much better and I will be going only after paying my 2015/16 Tax too. A total of £13000 previous revised and new accounts which enables him to make my case strong in front of case worker on the day. He is willing to come along on the day to explain things himself. I have around 50-60 genuine clients at the moment and he advised me to take as many Testimonials as possible. I don't know if he is giving me these hopes for his fee of £800 or he really knows what he is doing. Any opinion guys!!!

[f317633]

My Solicitor is quite positive about it as he says I am still doing the same business full time now which gives an indication that It wasn't just opened to gain the visa. The figures look much better and I will be going only after paying my 2015/16 Tax too. A total of £13000 previous revised and new accounts which enables him to make my case strong in front of case worker on the day. He is willing to come along on the day to explain things himself. I have around 50-60 genuine clients at the moment and he advised me to take as many Testimonials as possible. I don't know if he is giving me these hopes for his fee of £800 or he really knows what he is doing. Any opinion guys!!!

Is your solicitor OISC regulated? Is he a member of law society? What OISC level he is? I guess he is an advisor not a solicitor. There is a difference.

[Casa]

"Legal representatives can’t use the premium service on behalf of clients unless they’re registered with the Office of the Immigration Services Commissioner and have sent the Home Office a written request."


"When you can't use the service. someone whose case is complex because of personal circumstances"
Your solicitor should be aware that PSC case workers don't have the level of authority to decide complex cases or an application which isn't 100% straightforward. There is no opportunity to have an interview with a case worker during a PSC appointment. The documents and evidence are simply checked for validity and if there are any discrepancies the application would either be rejected on the day or passed to a senior caseworker for a decision at a later date (joining the postal queue at the premium fee).

[Waleedmirza83]

I was called in for an interview in last PO. So I guess if they have any query based on my last application or refusal they should be calling me for an interview again where my solicitor will get a chance to speak. I hope I am right!

[jimtoole]

I am exactly in the same situation just the reason of refusal was not tax and no 322(2) or 322 (5) or any other sections were used to refuse. The 10 page letter only contained 2 lines of rejection mentioning I have used deception in previous application as a limited company that i inoiced and they paid me through their business accounts didnt have thier Office at the Regitered address.

Any how I have now paid all the due tax and have requested updated SA302s from HMRC. I am thinking of applying again as well coz the wait for hearing is too long and my work is suffering due to me being totally cut off mentally.

Also i am confused between SET LR or T1 G based ILR if I do T1 G they might again reject for any silly reason so am more inclined now to do a SET LR again. Will be discussing it with a solicitor and then book a same day appointment but NOT IN LIVERPOOL this time.

Regards,

[Waleedmirza83]

Yes. My one was refused using para 276D and para 322 (5). If they used the word deception it automatically becomes a refusal using para 322 as far as I understand. Yes, you will be better off going through Set LR as they only need to be clarified about your previous application tax payment but if you go through T1 G route you have to show the earnings and tax again for the last year. Too much hassle. I tried to avoid this route as my 10 years were completed before T1 G expiry but wasn't expecting a refusal. Anyway left with no choice now. My only and last option to try and if not wait for 8-10 months for appeal hearing.

I went to Birmingham the worse one. Sheffield is best according to most people with a success rate of 90%. Good luck to all of us where ever we go.
Keep posted.

[CR001]

Applying on Set(LR) will make no difference for the reasons you have been refused. HO will still check ALL your history and compliance with ALL the visas you have held.

It is a misconception that long residence ILR is 'safer'.

[O_Relly]

See also,
http://www.immigrationboards.com/indefi ... 03107.html

[noajthan]

So I guess the best solution will be to go at PEO and explain everything to the case worker and wish mysefl good luck. Thank you guys for your help and advise. It was all very useful.
Will post again after my appointment on 08 Apr 2016. Wish me good luck

It is a misconception that a PEO appointment is an opportunity to thrash everything out 'man to man' with the caseworker.

PEO is for simple and straightforward cases only. Anything complex will either be refused or else put on the backlog so you will have wasted the premium fee,

[Casa]

So I guess the best solution will be to go at PEO and explain everything to the case worker and wish mysefl good luck. Thank you guys for your help and advise. It was all very useful.
Will post again after my appointment on 08 Apr 2016. Wish me good luck

It is a misconception that a PEO appointment is an opportunity to thrash everything out 'man to man' with the caseworker.

PEO is for simple and straightforward cases only. Anything complex will either be refused or else put on the backlog so you will have wasted the premium fee,

...or even 'woman to woman'

[noajthan]

It is a misconception that a PEO appointment is an opportunity to thrash everything out 'man to man' with the caseworker.

PEO is for simple and straightforward cases only. Anything complex will either be refused or else put on the backlog so you will have wasted the premium fee,

...or even 'woman to woman'

Indeed

[O_Relly]

So I guess the best solution will be to go at PEO and explain everything to the case worker and wish mysefl good luck. Thank you guys for your help and advise. It was all very useful.
Will post again after my appointment on 08 Apr 2016. Wish me good luck

It is a misconception that a PEO appointment is an opportunity to thrash everything out 'man to man' with the caseworker.

PEO is for simple and straightforward cases only. Anything complex will either be refused or else put on the backlog so you will have wasted the premium fee,

But it certainly is an oppotunity for an interview.

The applicant may not be able to clarify or convince the case worker on the same day for complex cases, but is certainly an opportunity to explain their situation or stand point, which will go onto file for further checks or consideration of a senior authority.

Even in the case of rejection on the same day it is better to know on the same day rather than wait weeks via a postal application IMHO.

[aq123]

Hi waleedmirza83,
Whats the update on your case please?