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Hi,

I had my SET O refused on 322(5) due to tax amendments, My leave was expired(12 June) and refusal letter was sent (29 June) after visa expiry and had 14 days for AR, which has been submitted on 12th July. Now my AR is pending....

I had been in country for more than 10 yrs an had option to apply LR as well but don't know why i used the SETO route... Anyways... Now i want to use my legal right of 10 yr LR as i am concerned that AR will not be in my favour anyways so want to prepare 10yr application via solicitor and explain the case in detail on cover letter for case worker... hence enabling possibilities of approval, god forbid if refuses will allow appeal atlast. Remember all documents including passports are with HO.

Now the question and help from you experts is can i vary my ILR application art this stage to LR???
if AR is withdrawn what timelines i need to follow to make a lawful continuous residence LR so i don't break the it and also my entitlement for Right to work don't get dismissed.

I will be posting my application as soon as withdraw of AR is sent to HO.

Please kindly advise what is the most appropriate coarse of action? Urgent response will be highly appreciated....

Many Thanks in advance....

How can you 'vary an application' when you don't have an application with HO. AR is not an 'application' and AR also does not necessarily extend section 3C.

What do you feel was HO's error in your Set(O) application that an AR would correct?

HO will look at ALL your tax affairs again even in you apply based on 10 years long residence. It is a misconception that the Set(LR) is a 'safer' route.

Appeal rights have been reduced considerably to reduce the abuse of the appeal rights system, a 'deport first, appeal outside the UK' approach.

https://www.gov.uk/government/uploads/s ... e_v3_0.pdf

https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

Thanks for reply, But i would appreciate if you could guide people in right direction as a lot of people are looking up to your guidance..

3C leave is extended until AR is concluded which then extends it to next AR if allowed and ends once AR options are exhausted.

Secondly my tax issues were amended before i went for application so nothing was incorrect apart from home office are determined to not to consider amends...

3rdly Appeals rights have been amended on refused appeals or appeals which are carried forward to upper tribunal in my understanding of what you have attached below.

I hope you as a moderator understand the sensitivity of my situation.

Many Thanks