ILR due in 5/16 from Tier 1 General. TAX RETURN AMENDED

[c4click]

Dear Moderators

I received response from HO after 10 month. Asking to complete new enhanced Questionnaire in regard to Self Assessment & Director Limited Co. earning during 2010-11 to 2015-16 (6 years). Detail as under:
1. How much earnings, turnover, net profit & tax etc year wise.
2. SA302 from 2010-11 to 2015-16.
3. Company tax return for each year.

Case history is as below:
Tier 1 general to ILR application in 05/2016
2010-11 Self Employed
2011-12 to 2015-16 Director Limited Co.
2010-11 tax return revised in 02/2016
Dependent: 5 (Mrs, 2 Child over 18 years & 2 under 18 years)
10 years also completed now.
Dependents in UK= 5 years

I need your urgent help please on the following Questions:
1. Either I should vary application on 10 years LR basis or wait as tier 1 general to ILR
2. What are pros & cons
3- As tier 1 General application is still pending in HO, which application for dependents needs to be send?
4- Is there anyway my dependent can get ILR at the same time or they can get sooner after me.

Regards
c4click

[CR001]

1. Either I should vary application on 10 years LR basis or wait as tier 1 general to ILR

Your choice. The same checks re tax/income etc will be done.

2. What are pros & cons

You get appeal rights if refused ILR LR as a pro. Dependents must switch to FLR(M) which resets their clock to zero - con.

3- As tier 1 General application is still pending in HO, which application for dependents needs to be send?

FLR(M) and they must meet ALL the requirements (English and financial)

4- Is there anyway my dependent can get ILR at the same time or they can get sooner after me.

No, they cannot get ILR independently from you or before you as PBS Dependents. They also cannot get ILR with you if you apply for ILR based on long residence. They must switch to FLR(M), which resets their clock.

[c4click]

CR001 thank you.

1. Either I should vary application on 10 years LR basis or wait as tier 1 general to ILR

Your choice. The same checks re tax/income etc will be done.

2. What are pros & cons

You get appeal rights if refused ILR LR as a pro. Dependents must switch to FLR(M) which resets their clock to zero - con.

3- As tier 1 General application is still pending in HO, which application for dependents needs to be send?

FLR(M) and they must meet ALL the requirements (English and financial)

4- Is there anyway my dependent can get ILR at the same time or they can get sooner after me.

No, they cannot get ILR independently from you or before you as PBS Dependents. They also cannot get ILR with you if you apply for ILR based on long residence. They must switch to FLR(M), which resets their clock.

Dear CR001 Thank You.

Q.2 Is it possible i can only change Tier 1 Gen to Long Residence instead of dependent. as the application is already pending as PBS dependent. their application automatically goes on hold/pending. when i will get ILR on long residence then i can apply my dependents?

Q. My 2 children more than 18 years and 2 are less than 18 years. heared that, those who are less than 18 years will get immediately with wife when i got it. is this yes or no please. or they have to wait an other 5 years as now they are living 5 years in UK. or they have to another wait 10 years start the clock from 0 to 10 years.

Q. SA amendment , earlier revised, get a letter from accountant that it was his mistake. is this letter will helpful or it is better to send HO along with new questionnaire or this letter need to be presented in court later on, if refused.

[c4click]

Dear CR001 Thank You.

Q.2 Is it possible, i can only change Tier 1 Gen to Long Residence instead of all dependent. as the application is already pending PBS dependent. their application automatically will go to on hold. when i will get ILR on long residence basis then i can apply my dependents?

Q. My 2 children more than 18 years and 2 are less than 18 years. it revealed, those who are less than 18 years will get immediately with wife when i got it. is this yes or no please. or they have to wait an other 5 years as now they are living 5 years in UK. or they have to another wait 10 years start the clock from 0 to 10 years.

Q. SA amendment , earlier revised, get a letter from accountant that it was his mistake. is this letter will helpful or it is better to send HO along with new questionnaire or this letter need to be presented in court later on, if refused.

[c4click]

Dear All
My time line:
22/04/07 1st entry UK as student
03/10 P.S.W.
05/11 to 05/13 Tier 1 (General)
05/13 to 05/16 Extension Tier 1 (General)
05/16 ILR application sent to Home Office on 5 years basis along with dependants
ILR application pending up to present i.e 30/03/16
10 years completing 04/17 (28 days before 25/03/17)

Tier 1 DEPENDANT
Wife & 4 children came UK 02/12, more than 5 years now
2 children less than 18 years & 2 more than 18 years

I want to change application on 10 years long residence.
Q.1 Does my wife & Children are eligible ILR as they spent 5+ years
Q. 2 If they eligible, which form please? either SET (M)
Q. 3 I am worry about 2 children over 18 yeras because there UNI fees is £46K per annum, 23K each per year considering International student
**If they get ILR, will be considered home student rather than int. student
Please reply urgent with detail Pros & Cons. thanks

Regards
Clk

[vinny]

Posts merged.

[vinny]

Q1 No, unless they are eligible under Long residence.

[vinny]

May be difficult for over 18 year old children applying under Appendix FM?

[c4click]

Hi Vinny
Thank you.

One my friend Tier 1 General, has sent his application on 10 years long route & his wife as SET (M) while she came UK 1st time in 11/2011. Is this possible & legal? I would like the same if you agree please.
He was told by his solicitor, because her wife came before 07/2012, she need only 2 years to complete. So they are eligible. That is why his solicitor send his 10 years long residence application while his wife use SET (M) application. please respond. thanks

[vinny]

No.

However,

Some Category A applicants have been lucky with SET(O)/SET(M) at a PEO.