Ilr on 10 yrs ct 600

[Ilr2107]

My history is entered uk jan 2007 on student visa, got
Psw nov 2009, then applied for tier1 in April 2011 got
Refuesed on the basis of 3 months required funding with no right of appeal, went for JR where HO BACK off and granted TIER 1G
For 3 years in Nov 2012 that was valid till Nov 2015,
In oct 2015 i applied for ILR on the basis of long residency route
Got refuesed with in country right of appeal, i made an appeal and hearing scheduled on Aug 2018, my solicitor advise me your
Case is straightforward so don't wait for appeal and go for PEO aand get ILR,
So went to liverpool , application was accepted but they ask for further documents sa302 from 2011 to date which i provided over the counter and also CT600 for entire period from 2011 to 2016, company closed in 2103 , called hmrc they saying as company is closed so they have no access or can't provide information and advised check company house, the account in companies house figures are lesser what i earned in 2011, i apid tax on personnel income for 2011 and all sa302 are avaialble since then,

The paper i was handed over by CW says to speed up case please provide sa302 and ct600 in 10 days failing to do so , CW WIill decide on the basis of avaialble documents that may be refuesal of ILR as per 322(9) means fail to provide required docs in particualr time

Query is
What option i got?
Ammned tax of the company after reinstating ? Time length?
Or ask HO my income for the year 2011 is taxed and i never extended T1G?
That HO intially refuesed my T1G and awarded after 18 months and compay was loosing,
And also my kids born in uk and is 8 yrs old, wife also in Uk 9 yrs
please advise

[ouflak1]

Case is straightforward...

From my experience on this board, I'd say that whatever the opposite of 'straightforward' is, is what your case is. In that regards, my first advice is to get an experienced qualified immigration lawyer. It looks like you've got a real battle on your hands, but seem willing and capable of fighting it.

My history is entered uk jan 2007 on student visa, ...
...In oct 2015 i applied for ILR on the basis of long residency route...

So this seems to be the first (big) hurdle. If these dates are correct, then you made an invalid application and were correctly refused as there should be minimum 10 years of continuous legal stay to qualify for ILR(LR). You mention a solicitor but when did they get involved in your case? I can't believe that you were advised to make an invalid application.

You also have a glaring tax issue which, if I understand you correctly, implies that the amount you reported as earning was more than the company earned, and was probably just enough to allow you to qualify for a visa.

The paper i was handed over by CW says to speed up case please provide sa302 and ct600 in 10 days failing to do so , CW WIill decide on the basis of avaialble documents that may be refuesal of ILR as per 322(9) means fail to provide required docs in particualr time

That's one possibility, but they can refuse the application for other reasons as well. Another big hurdle you have here is that this application was made out-of-time. Basically, when you abandoned your previous ILR app, any valid leave ceased plus I'm fairly certain you lost any time while the refusal was in appeal. So again you don't qualify for ILR(LR).

Query is
What option i got?
Ammned tax of the company after reinstating ? Time length?
Or ask HO my income for the year 2011 is taxed and i never extended T1G?
That HO intially refuesed my T1G and awarded after 18 months and compay was loosing,
And also my kids born in uk and is 8 yrs old, wife also in Uk 9 yrs
please advise

I'm not that knowledgeable on tax issues, but from what I've read on this forum, things seem to take time. I think your application's got bigger problem than that anyway.

[Ilr2107]

Thanks for reply ;
How it was out of time? It means i am overstayer? Jan 2107 my legal 10 years completed , it means Ho CW advised wrong by saying that i will be on 3c levae as i applied with in 14 days of appeal withdrwal , i specifically ask her what is my status after withdrawing appeal, she replied 3c,

And also FYI they did not refuesed , they requested further docs, anyone in this forum cameacross similar

thanks

[Ilr2107]

Thanks for reply ;
How it was out of time? It means i am overstayer? Jan 2107 my legal 10 years completed , it means Ho CW advised wrong by saying that i will be on 3c levae as i applied with in 14 days of appeal withdrwal , i specifically ask her what is my status after withdrawing appeal, she replied 3c,

And also FYI they did not refuesed , they requested further docs, anyone in this forum cameacross similar

thanks

[Archer1]

My history is entered uk jan 2007 on student visa, got
Psw nov 2009, then applied for tier1 in April 2011 got
Refuesed on the basis of 3 months required funding with no right of appeal, went for JR where HO BACK off and granted TIER 1G
For 3 years in Nov 2012 that was valid till Nov 2015,
In oct 2015 i applied for ILR on the basis of long residency route
Got refuesed with in country right of appeal, i made an appeal and hearing scheduled on Aug 2018, my solicitor advise me your
Case is straightforward so don't wait for appeal and go for PEO aand get ILR,
So went to liverpool , application was accepted but they ask for further documents sa302 from 2011 to date which i provided over the counter and also CT600 for entire period from 2011 to 2016, company closed in 2103 , called hmrc they saying as company is closed so they have no access or can't provide information and advised check company house, the account in companies house figures are lesser what i earned in 2011, i apid tax on personnel income for 2011 and all sa302 are avaialble since then,

The paper i was handed over by CW says to speed up case please provide sa302 and ct600 in 10 days failing to do so , CW WIill decide on the basis of avaialble documents that may be refuesal of ILR as per 322(9) means fail to provide required docs in particualr time

Query is
What option i got?
Ammned tax of the company after reinstating ? Time length?
Or ask HO my income for the year 2011 is taxed and i never extended T1G?
That HO intially refuesed my T1G and awarded after 18 months and compay was loosing,
And also my kids born in uk and is 8 yrs old, wife also in Uk 9 yrs
please advise

Hi there , you have stated that you came in UK in 2007 and applied for Long Residence ILR in 2015 , is that right ? If it is than its bit confusing after 8 or 9 years you submitted this application. Are you sure you were qualified for that

[ouflak1]

Thanks for reply ;
How it was out of time? It means i am overstayer? Jan 2107 my legal 10 years completed , it means Ho CW advised wrong by saying that i will be on 3c levae as i applied with in 14 days of appeal withdrwal , i specifically ask her what is my status after withdrawing appeal, she replied 3c,

I don't know who 'Ho CW' is. I'm guessing you mean the 'Home Office case worker'. It is possible there is some confusion here on someone's part. If an application is refused, and you are present in the UK and you feel the Home Office made an error in their decision, you have 14 days within which you must appeal the decision. This will extend your leave under 3C. But if you withdraw an appeal, you are effectively admitting that the Home Office was right and their original decision stands. Your 3C ends at that point and I believe your period of 'legal' stay actually ended with the expiration of your last valid visa.

If this wasn't the case, it would be a gaping loophole in immigration law that would allow people to just extend their stay by making invalid application after invalid application after invalid application indefinitiely.

And also FYI they did not refuesed ,

I think there is perhaps a bit of a language barrier here. I understood that your latest application was not refused. I was merely saying that they can refuse the application for several reasons, not just the reason you stated (322(9)).

There is still the open question about how you applied for ILR(LR) atleast a year and a half, by your given dates, before you actually qualified for it? Are you sure your dates are right?

If your dates are correct, then your application was invalid at worst, at best it refused for the correct reasons. I don't understand how a solicitor could say your case is 'straighforward' unless they were somehow assuming that it is possible to extend legal stay by making an invalid application. I definitely don't understand how withdrawing an application could not be interpreted as admitting the Home Office was correct in their original decision (which, if your dates are correct, they were). My only guess is that the solicitor confused leave under 3C with legal stay. Certain rights extend under 3C until a case is decided, but legal stay for that period is dependent on the outcome of the case itself.

[Ilr2107]

In 2015 after 9 years of legal stay i applied for ILR on human rights but refuesed with right of appeal , appeal was launched and in in jan 2017 my 10 years conpleted , i withdrwan my court appeal and applied on 10 years long residency , i hope this would have clear your query
Thanks

[Ilr2107]

And also application is accepted at PEO , if that was invalid they should have rejected straightaway , CW accepted and hold appication for further checks , it wasn't refuesed

[Archer1]

In 2015 after 9 years of legal stay i applied for ILR on human rights but refuesed with right of appeal , appeal was launched and in in jan 2017 my 10 years conpleted , i withdrwan my court appeal and applied on 10 years long residency , i hope this would have clear your query
Thanks

You have had withdrawn your appeal ? And after applied for set ILR yeah thats clear now . Am sorry to say but you may need a good a solicitor as your case doesn't looks so straight ,am afraid

[Ilr2107]

U know any good solicitor

[ouflak1]

In 2015 after 9 years of legal stay i applied for ILR on human rights but refuesed with right of appeal , appeal was launched and in in jan 2017 my 10 years conpleted , i withdrwan my court appeal and applied on 10 years long residency , i hope this would have clear your query
Thanks

For one thing, there is no ILR based on 9 years of legal stay. Second, according to your dates, you hadn't completed 9 years by the time of that application anyway. Third, there is no ILR (or appeal thereof) based on human rights. Frankly, I'm surprised they even accepted your application.

From the information you have given, you do not qualify for any type of ILR. You said you made a human rights claim. On what basis? Do you have family in the UK?

[Ilr2107]

U need to read it again i entered in UK jan 2007 and May 2017 mrans 10 years and 4 months of legal residence, if you please count again, i applied dec 2015 on human rights for ILR , they refuesed with right of appeal my 10 years completed during that appeal, and then i applied on 10 years LR ROUTE , they accepted hope this is clear now

[ouflak1]

U need to read it again i entered in UK jan 2007 and May 2017 mrans 10 years and 4 months of legal residence, if you please count again,

Here's what you wrote earlier:

My history is entered uk jan 2007 on student visa,...
.
.
.
...In oct 2015 i applied for ILR on the basis of long residency route

You later seemed to confirm these dates. If these dates are correct, you attempted to apply for ILR on a basis for which you did not qualify as you had only accrued 8 yrs and 8 months of legal stay ( and even that's assuming they give discretion for the earlier JR).

i applied dec 2015 on human rights for ILR ,

There is no ILR based on human rights that I'm aware of. The closest possibilities (6 years DLR -> ILR, FLR(LR) -> ILR) don't apply to you according to your details given.

...my 10 years completed during that appeal..

And I think this is a critical point of misunderstanding. You do not accrue legal stay that counts toward ILR during an appeal unless you win the appeal (and even then, it is somewhat discretionary/conditional). Since you abandoned the appeal, you lost that case and your legal stay stopped accruing when your Tier 1 visa expired in 2015. Worse, your ILR application wasn't applicable in the first place, which makes it look like you were just making an attempt to remain in the UK without regards for the rules or the many serious valid applicants that the Home Office has to deal with. They gave you the slightest bit of a possibility of success by delaying your appeal hearing until 2018. That hope is gone now with your abondoned appeal. And as if things couldn't get worse, it seems you were making a human rights claim, which also has now been abondoned. This will call into doubt and high scrutiny any further claims you attempt to make on that basis, and they may just disregard any such future claims altogether.

If people could extend their legal stay in the way you assumed is possible, the home office would be flooded with loads of invalid and questionable applications, and forced to accept their own over-burdened processing times as 'legal stay' for the applicants! That would be madness and surely you can see the chaos that would result. The rules are specifically setup to make sure that this is impossible or atleast minimized.

You might get extraordinarily lucky with your recent application. These things do happen. It is rare, but not winning-the-lottery rare. However from the details you've given, I don't see a way you get ILR out of this. The only possibility I see now is some sort of human rights/family life route.

On what basis did you claim human rights earlier?

[Archer1]

Any moderator or most senior member can guide you better because it's very confusing for us to understand what you have done, two things which I have concluded so far are;

a) If you are after 10 years lawful Long term residence which is SET LR

b) If you have had applied ILR on the bases of Private life or human rights.
Are you living your wife and kids?

Regards.

[Ilr2107]

Yes i am living with my family older kid is 7 years and 6 month old born in Uk, and the other one is turning 6 this October , wife with me since Aug , in 2015 i applied for ILR on human rights now i aplied 10 years , appication is accepted so no point discussing this, issue is CT600? company is closed few in 2104 aand hmrc saying cant provide for close company any sloution ?

[ouflak1]

Yes i am living with my family older kid is 7 years and 6 month old born in Uk, and the other one is turning 6 this October , wife with me since Aug ,

I think you might have a shot at FLR(LR) though I'm not very knowledgeable on that visa, so others will have to chime in. You say your older child was born in the UK. Have they actually been living in the UK the entire time? Or have they been mostly living with your wife outside of the UK until she joined you in 2015? This matters because for your FLR(LR) application, how easily your family can relocate back to your home country is a major factor. If the children have only been living here for a couple years, at this age, it would easy for them to go back.

...in 2015 i applied for ILR on human rights...

I hate to sound like a broken record just repeating myself, but it is so important that we are clear in our understanding here because others come and read these forums looking for correct information. And mistakes like this can cost people time and frustation and even disaster. THERE IS NO SUCH THING AS AN ILR BASED ON HUMAN RIGHTS. There are some routes that may involve human rights that can lead to ILR such as DLR, FLR(LR) and ofcourse the refugee/asylum routes. You can appeal a decision based on human rights if your circumstances have changed so radically that the claim is valid. Otherwise, you are confusing people when you say this and I think that is one reason why some contributors on this forum have not jumped into this thread as they normally would.

..now i aplied 10 years , appication is accepted so no point discussing this

Just because you've handed in an application to the Home Office doesn't mean its valid or that it will succeed or fail because of a key point that they haven't had time to process yet. I just don't want you to get false hopes. On this forum, we try to state the facts as they are so people can make realistic decision and prepare properly. I'm sorry if I'm not saying something you want to hear. But it would disingenuous of me if I did. Maybe somebody else will come along and give you better news that's factual. I genuinely hope so.

You said you made a human rights claim in 2015 on your appeal (which you've now abandoned. Not good). On what basis did you make that human rights claim? I know I keep asking, but I'm trying to find a way through for you and right now, this is the thread of possibility I see that is plausible.

Any moderator or most senior member can guide you better

This is a free site with volunteer contributors. I can only give advice from the information provided and my own experiences. Maybe there is somebody who's got a better grip on the OP's situation that can suggest a better way through. We'll all learn from it, so I don't mind being wrong on something as long as I can use that information to help others in the future.

[Ilr2107]

My wife entered UK in 2008 since then she is living with me andkids all born in UK

[ouflak1]

My wife entered UK in 2008 since then she is living with me and kids all born in UK

Ok so this is something to work with. On what basis did you origiinally claim human rights? I think you have a stronger FLR(LR) case than you realize. That's not something I know a lot about, but I'm surprised your solicitor didn't suggest that you wait out the appeal to 2018 (which, however unlikely, might have gone in your favor) and then throw an FLR(LR) application at them. With your kids being born and raised here, that would have bought time and the application might actually have succeeded on its own merit even with your tax issues. Seems a more plausible route though, like I said, I'm not so knowledgeable about FLR(LR).

Maybe somebody else will read this and give you some further advice.