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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
Please seniors helppLuluokis29 wrote: ↑Thu Feb 20, 2020 12:57 amI am in the same situation please. I am so scared to apply. I also had a breach in 2011. I entered the UK in April 2010 on a student visa, which expired in July 2013. I however applied to vary leave to spouse visa in March 2013. This was refused on paragraph 322, no right of appeal as I still had leave left but visa wasn't curtailed. I reapplied on FLR fp before visa was expired, refused again but with a right of appeal. Appeal won on human right grounds and 2nd visa issued untill 2018. Applied for spouse visa in 2018 and got it till Aug 2020. I am however eligible for 10 yr ILR in March. What do I do? Will my previous breach affect me???
Extend under family route as usual.
Thanks so much Zimba. So will I be able to apply for ILR after a further 30 months and be okay? Or I should attempt SET LR in 2021 as the breach hapoened in 2011?
Okay
Luluokis29 wrote: ↑Thu Feb 20, 2020 8:21 amI entered the UK in April 2010 on a student visa, which expired in July 2013. I however applied to vary leave to spouse visa in March 2013. This was refused on paragraph 322, no right of appeal as I still had leave left but visa wasn't curtailed. I reapplied on FLR fp before visa was expired, returned as invalid (out of date) even though it was in date. Applied for a SAR and I found evidence to suggest a mistake has been made. I then did a PAP threatening a judicial review, application was resurrected, reconsidered, refused again but with a right of appeal. Appeal won on human right grounds and 2nd visa issued untill 2018. Applied for spouse visa in 2018 and got it till Aug 2020. I am however eligible for 10 yr ILR in March. What do I do? Will my previous breach affect me??? If it will, what is my best option now. I have a British spouse and 2 British kids. Current spouse visa expires in August 2020. Please kindly help moderators. I am losing sleep over this. My friend says I have "nothing" to worry about as she was refused ILR due to tax issues and accused of deception later got ILR when she varied her application to SET LR. I do not want to lose my money or get offered 30 months again...really confused!!
So they checked internally and discovered it by themselves or you presented your income on bank statement to them to meet income requirement for spouse visa then they raised the question how you have this much income if you are student and only working 20 hours a week?Luluokis29 wrote: ↑Fri Jul 24, 2020 12:56 amBreach 322 (breaking a condition attached to leave).in my case, it was working more than 20hrs as a student. My income made them question me at the time.
Lucia
Ok. Do you know anything about ' Zayn121 ' breach. Was it discovered through payslip and banks statement that he presented when he applied for spouse visa? I would have asked him but his page is locked.Luluokis29 wrote: ↑Fri Jul 24, 2020 5:54 amYes correct. After presentation of payslips and bank statements!
Read the users story to avoid everything being repeated again!!Luluokis29 wrote: ↑Fri Jul 24, 2020 9:26 amNo I don't how his was discovered but what does it matter? Breach is breach! What's your story? Really chuffed for him and his case has given me hope too.
Ok. Apparantly, zyan121, set lr was approved, knowing he breached the condition, did ukvi used discretion then.CR001 wrote: ↑Fri Jul 24, 2020 10:17 amRead the users story to avoid everything being repeated again!!Luluokis29 wrote: ↑Fri Jul 24, 2020 9:26 amNo I don't how his was discovered but what does it matter? Breach is breach! What's your story? Really chuffed for him and his case has given me hope too.
https://www.immigrationboards.com/indef ... 03734.html
When you make an application for ILR to UKVI, they check your full HMRC history, which is how they would find out if you worked in breached if your visa conditions.
Sorry i tagged you again on this. Just one question, will this apply to set m too. Or they check only for last 5 years for set m. ThanksCR001 wrote: ↑Fri Jul 24, 2020 10:17 amRead the users story to avoid everything being repeated again!!Luluokis29 wrote: ↑Fri Jul 24, 2020 9:26 amNo I don't how his was discovered but what does it matter? Breach is breach! What's your story? Really chuffed for him and his case has given me hope too.
https://www.immigrationboards.com/indef ... 03734.html
When you make an application for ILR to UKVI, they check your full HMRC history, which is how they would find out if you worked in breached if your visa conditions.
Best of luck. Even if they refuse set lr, i think they will consider under 10 years route and ask you to pay ihs but you can vary to 5 year spouse soon after paying ihs, so they don't decide it and vary is still applicable.Luluokis29 wrote: ↑Fri Jul 24, 2020 3:49 pmI took the risk. I have applied for set LR. There is a delay due to the covid 19