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ILR 10 years query

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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gbengi
Newly Registered
Posts: 17
Joined: Sat Nov 23, 2013 12:09 am

ILR 10 years query

Post by gbengi » Sun Nov 24, 2013 12:06 am

Hello All,
I came to UK as a student in Nov 2004 later swap my visa to a dependant Tier 1 General. My wife apply for ILR on June 28 as a Tier 1 General migrant 5 yrs using set 0 form. My wife used salary and self employed for her previous earning. HO wrote a letter to my wife that there was a descripancy on her self employed tax return in 2011. We went to the accountant to explain himself and he admitted the errors that he made a mistakes. He corrected the errors and all tax due has been paid. Accountant gave us a letter that he admitted his mistakes and we put the evidences of tax paid then sent it to HO Liverpool but at the end of the day My wife application was refused with right to appeal on Nov 12 due to accountant mistakes during the last 2 yrs extension in 2011.
please I need your urgent advice from the guru's in this forum to help me out. I av been in this country legally for 9 yrs and I dont want to waste my life. We got a mortgage and 2 kids. My first son will be 6 yrs in Dec 2013.

We are using a good barrister for this case and the barrister said they av a long waiting list for the appeal hearing in London that the minimum date they would give us for our hearing will be Dec 2014 based on the recent appeal form submitted by our barrister to the First Tier Tribunal.

(1) As we are waiting on the appeal from my understanding I believe my 10 yrs legal in UK still continue counting. So please if I apply for my 10 yrs legal residency hope my wife case will not affect my ILR application for 10 yrs legal even if my wife appeal is not granted.
Please all guru's in d forum I need your advice.

sheraz7
Respected Guru
Posts: 2509
Joined: Thu Jan 27, 2011 8:56 pm
Location: UK

Post by sheraz7 » Sun Nov 24, 2013 5:04 pm

At the moment, no exact advice can be given over this complicated case but on generic basis it can be said that if the error is not fully justified then it may lead to RFL04 - Deception in an application - paragraph 320(7A)
Therefore, it may affect the dependent too.
Please donot send PM. Write in open forum to facilitate others too.
REGARDS

gbengi
Newly Registered
Posts: 17
Joined: Sat Nov 23, 2013 12:09 am

Post by gbengi » Mon Nov 25, 2013 12:41 am

Hi Sheraz7,

My wife did not use deception and she will never agree with HO that she used a deception to colleceted her extentions in 2011. It was accountant errors and the accountant will be there on the hearing date to explaining the errors to the judge. I believe we got a strong case against HO. HO got no proof that my wife use a deception in UK except the accountant errors.
Thanks

gbengi
Newly Registered
Posts: 17
Joined: Sat Nov 23, 2013 12:09 am

Re: ILR 10 years query

Post by gbengi » Mon Jul 28, 2014 4:34 am

Thank God.

Appeal date 25 April
Our appeal was allowed on 30 April
ILR received 17 July. 

Freedom at last with peace for my family.

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