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Ok. What if i apply for set m, the rule says general ground for refusal doesn't apply. 320 (11) , still applies which is breaching the condition, but it has to be together with other aggravating circumstances.
Maybe you come across with same question on set (M) application as well under past immigration history.
No, i had a look there isn't that question.
Some places its reworded as "have you ever breached the visa condition". Despite all that there were a lot of students who never had issue in similar circumstances but equally a lot of them got refusals especially where in past they were questioned and identified.
ILR is not the same as simply getting a visa. While family routes are more relaxed, any breach will affect the ILR even under family routes unless such a breach happened a long time ago and discretion is applied.ssasi2020 wrote: ↑Fri Jan 17, 2020 4:36 pmOk. What if i apply for set m, the rule says general ground for refusal doesn't apply. 320 (11) , still applies which is breaching the condition, but it has to be together with other aggravating circumstances.
Am i right to say i am safe in this instance coz there isn't any aggravating circumstances in my case.
Will set m go through and not gonna show anything for citizenship afterwards. Please advise. Thank you.
I was never questioned... and never identified ( i guess) . But i am not sure whether the risk is worth taking. And if i wait till 2023 for set m. That breach not gonna be in last 10 years. That could help.seagul wrote: ↑Fri Jan 17, 2020 5:25 pmSome places its reworded as "have you ever breached the visa condition". Despite all that there were a lot of students who never had issue in similar circumstances but equally a lot of them got refusals especially where in past they were questioned and identified.
If it was just losing the money, that wouldn't be the big deal . If it gets refused, what would be my option? Could i still continue on my family life visa and apply for set m in 2023?
Thank you for your input zimba. What you saying is interesting. So, lets say i have flr fp under 5 years , from 2018 and due extension in end of 2020. And set m will be due in 2023.
I was going through family policy published for home office staff state, people making an application under appendix FM are not subject to the general ground for refusal except for the provisions in paragraph 320(3), (10), and (11) . These provisions only apply to application for entry clearance.
Ok but i am opting for set m. In this case i will be ok right? ThanksZimba wrote: ↑Tue Jan 21, 2020 1:10 amWhy focus only on general grounds for refusal ? How about the fact that you can be refused under long residence rules ??
For long residence you must also satisfy the requirements under paragraph 276B of the rules. You still must satisfy the lawful residence and no breach of the immigration rules requirement there too.
Thank you zimba. Can you please explain me ' your status must be separated ' part. I am confused on that . ThanksZimba wrote: ↑Thu Jul 23, 2020 12:50 amYour were advised previously on your query regarding SET(LR). If you are under 5-year parent route, you can get ILR in 2023 if you satisfy all the requirements. Your status must be separated.