Am I eligible for long residence ILR?

[Luckystrike]

Hello All Moderators & Members,
All comments, suggestions and advice will be helpful.

Immigration history :
Entered the U.K as a student on 07/09/2006 valid un till 31/12/2007.
Applied for further student extension. Granted from 18/12/2007 to 31/01/2009.
Applied for further student extension. Granted from 15/01/2009 to 31/01/2010.
Applied for further extension as PSW on 27/01/2009. Granted from 09/03/2010 to 09/03/2012.
Applied for Tier 1 Dependent partner from home country on 12/03/2012. Granted from 27/03/2012 to 16/06/2012.
Applied for further leave to remain as Tier 1 dependent partner. Granted from 06/06/2012 to 16/06/2015.

Applied for ILR as Tier 1 dependent partner on 21/05/2015. Refused on 07/01/2016. Decision letter received on 14/01/2016. AR applied on 27/01/2016. AR decision dated 23/02/2016 received by post on 25/03/2016. Original decision maintained.

Voluntary departure from the U.K. on 22/03/2016 to home country within 28 days from AR refusal.
Applied for Tier 2 General on 23/03/2016. Granted from 11/04/2016 to 14/04/2019.

My questions are:

1. Is my lawful stay continuous?

2. If eligible I am planning to apply for SET LR in Aug/ Sep'16. I already have a LIUK test passed from March'15,is there any validity for it?

3. I have a M.Sc. degree from U.K. Do I need NARIC assessment for English language?

Look forward to responses.

Many thanks,

Luckystrike..!!

[geriatrix]

AR decision dated 23/02/2016 received by post on 25/03/2016.

Are these 2 dates correct? It took 30 days to receive the AR decision? You left UK before receiving the AR decision and applied for EC before receiving AR decision?

1. Unknown until the above is answered.
2. Life long.
3. Yes

[Luckystrike]

@geriatrix,

Thank you for your prompt reply and answering Q 2& 3.

Sorry my mistake.Typo error. AR decision dated 23/02/2016 received by post on 25/02/2016.

[Luckystrike]

@geriatrix,

Thank you again. Is there any other requirement apart from KOLL for long residence ILR?

Also I can apply 28 days before 07/09 for same and will I get a right of appeal if for some reason my SET LR gets refused? and will it have any implications on my Tier 2 leave?

Cheers..!!
Luckystrike

[Nvsc]

Just a Quick question why your ILR T1 partner was rejected what was the refusal reason for it ?

[Luckystrike]

@Nvsc,

It was rejected for tax discrepancies.

[CR001]

@Nvsc,

It was rejected for tax discrepancies.

Your tax discrepancies???

You won't avoid HMRC and tax/employment checks by applying for ILR based on long residence. HO will still do the same checks again.

[geriatrix]

1. Is my lawful stay continuous?

Yes. You applied for EC (23/03/2016) within 28 days of your leave ending (section 3c leave ended 25/02/2016 and you became an overstayer on 26/02/2016) - so continuous residence is not broken.

Is there any other requirement apart from KOLL for long residence ILR?

Read the form and guidance.

Also I can apply 28 days before 07/09 for same and will I get a right of appeal if for some reason my SET LR gets refused? and will it have any implications on my Tier 2 leave?

Yes, and (AIUI) yes, and no.

[geriatrix]

@Nvsc,

It was rejected for tax discrepancies.

Your tax discrepancies???

You won't avoid HMRC and tax/employment checks by applying for ILR based on long residence. HO will still do the same checks again.

Not the OP's but his / her spouse's. OP was included as a PBS dependant in his/her spouse's ILR application.

[Luckystrike]

@ CR001,

geriatrix is right. My partner was the main applicant for our ILR and I was dependent. Will it have any consequencys on my long residence ILR?. My partner is going through JR.

@geriatrix,

Thank you for confirming my lawful stay and providing the link for form and guidance. Is there any other issues I need to be careful about?

Thank you both for your input.

Luckystrike

[geriatrix]

My partner was the main applicant for our ILR and I was dependent. Will it have any consequencys on my long residence ILR?

No.

[Luckystrike]

@Nvsc,

My partner is not my dependent with my Tier2. My partner is dealing with JR.

[Nvsc]

My partner is not my dependent with my Tier2. My partner is dealing with JR.

why can not your partner apply for your dependant in the mean time dealing with JR and you said tax discripencies is that self employed tax or employment i mean employer did not pay tax to hmrc like that.

[Luckystrike]

@All Moderators,

Why the post has been cut short as some of the recent post appears to be deleted? Has it been deleted by author?

[geriatrix]

Focus on getting answers to your queries, rather than how the forum is managed.

[Luckystrike]

@geriatrix,

I very much appreciate valuable advice from moderators & members. My intention was not to question the management but the question was out of curiosity. Also I was in a conversation with Nvsc.

Many thanks.

[Nvsc]

,

It was rejected for tax discrepancies.

what type of tax discrepancies is that self employed or employed tax