ILR - Tier 1 G or LR

[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,

[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

[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

[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.

[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

[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

[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

[Casa]

Your choice. You're not under any obligation to take the advice offered on the forum.

[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 ?

[Obie]

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. .

[Moon84]

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.

[aig]

Moon84,it's updated calculations. I phoned Hmrc, they said need to send request in writing, it took ages.

[Moon84]

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.