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ILR - Tier 1 G or LR

Posted: Thu Aug 11, 2016 8:37 am
by aig
I have applied Tier1 G ILR by post on start of April. I had some issue in my 10-11 return which has been corrected and paid before applying . Rest of the returns are fine. I have become eligible for 10 years LR on 1st August. My solicitor is advising me to vary my application from T1G to LR ASAP. Should I wait for decision or vary application before decision as early as possible.

Regards,

Re: ILR - Tier 1 G or LR

Posted: Thu Aug 11, 2016 9:15 am
by poper
Why does your solicitor want you to vary to LR?
I have read in previous posts that HO perform HMRC checks irrespective of ILR application category

Re: ILR - Tier 1 G or LR

Posted: Thu Aug 11, 2016 10:29 am
by aig
Because he thinks there are less chances of deception on LR route as all amendments and taxes done before applying TiG ILR , in case got deception in TiG ILR than 10 years will be use less .

Seniors suggest please as its not easy decision to vary application with one dependant applicant

Many thanks

Re: ILR - Tier 1 G or LR

Posted: Thu Aug 11, 2016 10:39 am
by Casa
Poper is correct the HO make the same stringent cross-checks with HMRC for LR applications as they do for the 5 year ILR route. If the application fails for one due to tax discrepancies, it will fail on the other. A simple search on the forum will show numerous examples of this.

Re: ILR - Tier 1 G or LR

Posted: Thu Aug 11, 2016 10:40 am
by CR001
HO will do exactly the same HMRC etc checks for long residence ILR is you have been a Tier 1 G migrant. It is a misconception that it is a 'safe' route to do ILR based on long residence.

Edit : beaten by Casa :wink:

Re: ILR - Tier 1 G or LR

Posted: Thu Aug 11, 2016 10:58 am
by aig
Thanks for all replies, HO mostly ask sa302 from applicant in 10 years, if they ask for tax documents I have all updated SA302, does it make any sense?
realistically should start packing our bags

Re: ILR - Tier 1 G or LR

Posted: Thu Aug 11, 2016 11:46 am
by aig
@ Casa, that's solicitors point that if u get refused on tier 1 it's hard to fight, if u get refused on 10 years, will have right of appeal and right to work, and Chances that application could be successful with out any hurdle

Re: ILR - Tier 1 G or LR

Posted: Thu Aug 11, 2016 11:47 am
by Casa
Your choice. You're not under any obligation to take the advice offered on the forum.

Re: ILR - Tier 1 G or LR

Posted: Thu Aug 11, 2016 12:12 pm
by aig
I m just mentioned logic given by solicitor , all member advice is vary valuable , so it's better to wait for tier 1 G ILR decision ?

Re: ILR - Tier 1 G or LR

Posted: Thu Aug 11, 2016 12:14 pm
by Obie
aig wrote:Because he thinks there are less chances of deception on LR route as all amendments and taxes done before applying TiG ILR , in case got deception in TiG ILR than 10 years will be use less .

Seniors suggest please as its not easy decision to vary application with one dependant applicant

Many thanks
He is wrong on that point. They can reject you on deception on the basis of Long residence also.

Varying to Long Residence will raise issue, especially if on the face, you qualify for ILR. It may provide a basis for the conclusion, that you kniw what you are doing.

They mostly give right of appeal, but UKVI has power to Certify it also.

In the case of deception, they have power to issue removal decision and prevent you from pursuing an incountry appeal.

Therefore all are has its drawback. .

Re: ILR - Tier 1 G or LR

Posted: Thu Aug 11, 2016 1:05 pm
by Moon84
aig wrote:Thanks for all replies, HO mostly ask sa302 from applicant in 10 years, if they ask for tax documents I have all updated SA302, does it make any sense?
realistically should start packing our bags
Hi aig,
could you please tell me how we will get updated sa302. thank you in advance.

Re: ILR - Tier 1 G or LR

Posted: Thu Aug 11, 2016 6:01 pm
by aig
Moon84,it's updated calculations. I phoned Hmrc, they said need to send request in writing, it took ages.

Re: ILR - Tier 1 G or LR

Posted: Thu Aug 11, 2016 9:04 pm
by Moon84
aig wrote:Moon84,it's updated calculations. I phoned Hmrc, they said need to send request in writing, it took ages.
Hi aig,
Thanks for ur reply and could you please explain what they asked you to write in ur letter. I will be thankfull to you i am in same situation trying to update my sa302 for 2010-11.