Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
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Jay2021
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by Jay2021 » Thu Dec 15, 2022 6:42 pm
ILR application was made in July 2019 on the basis of 10 years residency.
Home office refused ILR due to tax discrepancies and FLR (M) was given for 2.5 years because spouse has ILR.
Initial Tier 1 ( General ) application mentioned in November 2010 net profit of £__ ' s for the period feb 2010 to sept 2010 which covered the tax years 2009/10 and 2010/11
income declared to HMRC was less
Tax Year 2009/10 - £__'s
Tax Year 2010/11 - £__'s
in JULY 2016 income was Amended to HMRC
Here my question is can I apply for ILR in year 2023 based on 10 years residency with clean 10 years history?
or should I have to apply FLR( M ) and wait for another 2.5 year and then apply ILR based on 5 years FLR (M )
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poper
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by poper » Sat Dec 17, 2022 10:11 pm
My 2 cents. If your previous 10 years time in 2023 will still include leave as a Tier 1 General, the application is bound to be refused due to the already known reason.
Please explain as to why you consider applying again in 2023.
Any suggestions I make in the forum are out my personal experience and should not be taken as a legal/professional advise.
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zimba
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by zimba » Tue Dec 20, 2022 11:19 am
Jay2021 wrote: ↑Thu Dec 15, 2022 6:42 pm
ILR application was made in July 2019 on the basis of 10 years residency.
Home office refused ILR due to tax discrepancies and FLR (M) was given for 2.5 years because spouse has ILR.
Initial Tier 1 ( General ) application mentioned in November 2010 net profit of £__ ' s for the period feb 2010 to sept 2010 which covered the tax years 2009/10 and 2010/11
income declared to HMRC was less
Tax Year 2009/10 - £__'s
Tax Year 2010/11 - £__'s
in JULY 2016 income was Amended to HMRC
Here my question is can I apply for ILR in year 2023 based on 10 years residency with clean 10 years history?
or should I have to apply FLR( M ) and wait for another 2.5 year and then apply ILR based on 5 years FLR (M )
UKVI is of the view that you got Tier 1G visa unlawfully so time spent is not considered lawful unless proven otherwise.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
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Jay2021
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by Jay2021 » Wed Dec 21, 2022 1:26 pm
my current Visa is FLR ( FP )
Since FLR ( FP) route will take 10 years for ILR
Can I apply FLR( M ) and then apply ILR on 5 years route
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CR001
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by CR001 » Wed Dec 21, 2022 2:01 pm
Jay2021 wrote: ↑Wed Dec 21, 2022 1:26 pm
my current Visa is FLR ( FP )
Since FLR ( FP) route will take 10 years for ILR
Can I apply FLR( M ) and then apply ILR on 5 years route
You would need 5 years (2 x 2.5 years) on FLR(M) to apply for ILR based on 5 years residence.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.
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Jay2021
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by Jay2021 » Wed Dec 21, 2022 2:25 pm
I have already spent 2.5 years with my current Visa FLR ( FP ) , is there 5 years route on FLR ( FP ) basis for ILR or should I have to switch to FLR ( M ) 5 year route for ILR
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zimba
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by zimba » Wed Dec 21, 2022 2:29 pm
Jay2021 wrote: ↑Wed Dec 21, 2022 2:25 pm
I have already spent 2.5 years with my current Visa FLR ( FP ) , is there 5 years route on FLR ( FP ) basis for ILR or should I have to switch to FLR ( M ) 5 year route for ILR
Time spent under the 10-year family route does not count. You need 5 years under the 5 year family route
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
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CR001
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by CR001 » Wed Dec 21, 2022 2:31 pm
Jay2021 wrote: ↑Wed Dec 21, 2022 2:25 pm
I have already spent 2.5 years with my current Visa FLR ( FP ) , is there 5 years route on FLR ( FP ) basis for ILR or should I have to switch to FLR ( M ) 5 year route for ILR
Really important to remember that FLR(FP) and FLR(M) come under two different sets of immigration rules. One is not interchangeable with the other.
You seem to be looking for a shortcut route, there isn't one unfortunately. If you switch to FLR(FP) or FLR(M) 5 year route, your 5 year ILR clock starts from zero.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.