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Hi
Dear forum members and experts

Can any one please clarify my doubt which is if any person was main applicant for 8.5 years and then changed visa status to dependent for 1.5 years then completed 10 years legally. can that person eligible for ILR on the basis of 10 year long residency please.
can any one please tell me

thanks
nvsc

Yes.

Thanks casa

that's very quick reply

Nvsc wrote:Thanks casa

that's very quick reply

Simple answer.

Hi Sorry again

i have a question can you please clarify me please my friend he applied for ILR on basis of Tier 1 general route
if his visa is refused because of tax discrepencies. can he able to switch visa to either tier-2 or dependant.
if then how many days before he can do. and finally can he eligible for 10years basis ILR please.

Nvsc wrote:Hi Sorry again

i have a question can you please clarify me please my friend he applied for ILR on basis of Tier 1 general route
if his visa is refused because of tax discrepencies. can he able to switch visa to either tier-2 or dependant.
if then how many days before he can do. and finally can he eligible for 10years basis ILR please.

For ILR based on long residence, tax and employment is still checked. There is no way that he can avoid this being checked by HO.

thanks CR001

by that time he can resolve those with HMRC ?? and also he can also give appeal right ?

He should get this tax affairs in order and have some confirmation from HMRC that the records have been updated as a result of amendments "before" making an application for settlement.
Else it is highly likely that Home Office will refuse the settlement application - be it under PBS or LR route.

hi
sorry to ask
just a quick question if the main applicant ILR is refused then dependent applied for Tier 2 and now main applicant is dependent. at that time can the main applicant for ILR can proceed JR for ILR rejection. ??

Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body. It is not really concerned with the conclusions of that process and whether those were ‘right’, as long as the right procedures have been followed. The court will not substitute what it thinks is the ‘correct’ decision. This may mean that the public body will be able to make the same decision again, so long as it does so in a lawful way.

An application for JR does not -
a) make illegal stay (e.g. - overstaying) legal,
b) doesn't extend leave that is near expiry,
c) brings section 3c leave into play

AFAIK, you don't have to be in the same immigration category as the one under which you received a refusal (and applying for JR for). As long as you have enough leave (to remain in the UK) to last the entire JR process (start to finish), you should be okay.

And, please post your queries in your own topic (this one). Don't hijack topics.

geriatrix wrote:

Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body. It is not really concerned with the conclusions of that process and whether those were ‘right’, as long as the right procedures have been followed. The court will not substitute what it thinks is the ‘correct’ decision. This may mean that the public body will be able to make the same decision again, so long as it does so in a lawful way.

An application for JR does not -
a) make illegal stay (e.g. - overstaying) legal,
b) doesn't extend leave that is near expiry,
c) brings section 3c leave into play

AFAIK, you don't have to be in the same immigration category as the one under which you received a refusal (and applying for JR for). As long as you have enough leave (to remain in the UK) to last the entire JR process (start to finish), you should be okay.

And, please post your queries in your own topic (this one). Don't hijack topics.

sorry @geriatrix

I thought i am posting in to right topic finally
as you said i am bit confusing for example i am tier 1 main applicant i applied for ILR and if it is refused because of Tax Discripencies (not self employed) can i apply Tier 2 to my wife and can i appy for dependant ( am i able to appy for dependant) and then can i fight for JR for ILR rejection. ? is this possible

hi

sorry not hurry but just i am asking

any one got any idea about question please...

I have already responded to your query.

Thanks Geriatrix

just a final question is that person is eligible to make a dependent application if the ILR is Refused as a main applicant. ??

Yes, subject to him / her fulfilling the prescribed immigration rules for the category that he / she wishes to apply for ... and only from outside the UK.

geriatrix wrote:Yes, subject to him / her fulfilling the prescribed immigration rules for the category that he / she wishes to apply for ... and only from outside the UK.

If a person still has valid leave (ILR refusal aside), surely they can switch within the UK to PBS dependent? Many members have switched.

Sorry, I guess I was daydreaming! I had the opposite scenario in mind (NVsc's wife) ... dependant to main! Apologies for that NVsc!!

(Wife) Dependant to main migrant - outside the UK.
(NVsc) main migrant to dependant - within the UK, after wife returns to UK as main migrant.

All assuming that NVSc has enough extant leave that will last until he makes a dependant application from within the UK.

Thanks Geruatrix and CR001

thanks you for your valuable information. thats what we are planning if ILR refused (in case i am hoping it wont refused) they will give 28 days grace period so, will apply my partner to Tier 2 an i will appy for PBS dependent then we will finish 10 year route next year so, straight away we can apply for long resident.

thanks for your valuable information once again

Nvsc wrote:Thanks Geruatrix and CR001

thanks you for your valuable information. thats what we are planning if ILR refused (in case i am hoping it wont refused) they will give 28 days grace period so, will apply my partner to Tier 2 an i will appy for PBS dependent then we will finish 10 year route next year so, straight away we can apply for long resident.

thanks for your valuable information once again

When does your current visa expire?

CR001 wrote:

Nvsc wrote:Thanks Geruatrix and CR001

thanks you for your valuable information. thats what we are planning if ILR refused (in case i am hoping it wont refused) they will give 28 days grace period so, will apply my partner to Tier 2 an i will appy for PBS dependent then we will finish 10 year route next year so, straight away we can apply for long resident.

thanks for your valuable information once again

When does your current visa expire?

its already expired i have applied for ILR and its still in process now waiting for result.

If you ILR is refused, as geriatrix has advised, if you do not have valid leave, you will need to apply for PBS Dep visa from home country.

Hi guys,

dear members and moderators can you please help my query please

i have got a interview call from HO regarding my ILR can you please tell me what kind of questions they will ask please.

Are you self employed ?

employed

Nvsc wrote:i have got a interview call from HO regarding my ILR can you please tell me what kind of questions they will ask please.

I don't think there is a clairvoyant amongst the members!

Common sense suggests that the questions will be related to your identity, immigration history, employment (and self-employment if you have one), tax and tax payments, criminal history (if any), details of any previous instances of breaching immigration rules, if any (e.g. - working when not allowed to, working more than allowed hours as a student) etc.