ILR for child born in UK

[Casa]

The small amount was the crucial difference between qualifying or not, and the Case Worker needed to see the bank statements showing the deposits.

also as this was missing, casework might think that this amount added purposely to reach the threshold.

Exactly.

[KiranAgam]

I have shown extra income from Janaury 2015-March 2015 as music teacher.

My second baby was born in April 2015. The first was 2 year old. Our total income together is more than 65k so the time period was busy and we did not deposit cash payments as we were buying stuff for baby.

Moreover we thought if I was going through LR route we don't need to show payments.

[Abc499]

I have shown extra income from Janaury 2015-March 2015 as music teacher.

My second baby was born in April 2015. The first was 2 year old. Our total income together is more than 65k so the time period was busy and we did not deposit cash payments as we were buying stuff for baby.

Moreover we thought if I was going through LR route we don't need to show payments.

they will not consider total of both income but only main applicant. If you reach the required threshold without the figures that missing on bank, then might get positive decision in AR but AR is not something much hopeful. If not positive in AR then JR, which is also too long process and will be expensive, also there will not be right to work in JR (end of AR work right also end if refused).

For immigration, we can not go backward can not re-start a process; what already happened none can erase this. there is nothing absolute solution when we made a mistake which is irreversible, after that we can only choose the best from the available. As you are eligible via LR, in my view it will be better to apply via LR now. Keep in mind, you (including dependent) might not have the work right until new visa granted (PEO might help to accelerate).

Hopefully seniors will be able to help more clearly with new ideas if there is anything more they can found, then its your decision. Good Luck

[KiranAgam]

Abc499, thank you, but can I apply via LR now after refusal. They will now say I applied after my visa expired.

But according to section 19-SD the specified documents are
Payslips
Bank statements
Invoices
Letter from CA
Tax return document

For self employed income I submitted everything else except bank statements.

Therefore I am not sure how they are saying 2 evidences are not submitted.

Plus LR route if I am eligible I will go for it but I am not sure will they accept it after this refusal without me exceeding the timeline. Because that has to be applied before current visa expires.

[KiranAgam]

My husband is dependent on me. Can he apply for Long residence ILR as he has been here also more than 10 years.

Or being a dependent he cannot

[Abc499]

My husband is dependent on me. Can he apply for Long residence ILR as he has been here also more than 10 years.
Or being a dependent he cannot

he also can apply on his own as 10Y completed.

but can I apply via LR now after refusal. They will now say I applied after my visa expired.
.

yes this application will be out of time application.
I think you will be able to apply, wait to see seniors confirmation

this could be helpful reading
https://www.gov.uk/government/uploads/s ... ve-6_0.pdf

https://www.freemovement.org.uk/new-app ... -extended/

[KiranAgam]

They have also written wrong timings for my previous visas

She has mentioned Tier2 dependent partner: I was never dependent partner and times she wrote for Tier2 are also incorrect. This is a big mistake.

I had Tier 2 from 16 December 2009 to March 2011 (this visa was taken in India before the end of student visa which was February 2010.
She is saying it was from 24 May 2016 and she is putting a gap there. I don't know from where she got this date.
Because my Tier 2 visa was based on job and that job started in November 2009.

I consider this a very big mistake. How can I prove my this duration because it is in travel documents which they already have.

[noajthan]

They have also written wrong timings for my previous visas

...

I consider this a very big mistake. How can I prove my this duration because it is in travel documents which they already have.

Get a SAR from UKVI to see what 'big brother' has stored in its databanks about you.

[Abc499]

yes you can get SAR from UKVI as noajthan mention, what they stored against you. this will probably take some time though.

They have also written wrong timings for my previous visas

She has mentioned Tier2 dependent partner: I was never dependent partner and times she wrote for Tier2 are also incorrect. This is a big mistake.

I had Tier 2 from 16 December 2009 to March 2011 (this visa was taken in India before the end of student visa which was February 2010.
She is saying it was from 24 May 2016 and she is putting a gap there. I don't know from where she got this date.
Because my Tier 2 visa was based on job and that job started in November 2009.

I consider this a very big mistake. How can I prove my this duration because it is in travel documents which they already have.

I have seen few other refusal, where they made mistake with dates/ income claimed amounts/ tax documents amount. on AR after mentioning this, HO corrected this mistakes on AR decision but still refuse on the ground which they refused earlier. In that case they will correct this but the refusal might stay on the ground that claimed amount not received by you, and no evidence on the bank that the payment made to you and you did not reach the threshold.

[KiranAgam]

Yes I can see that Abc499.

Please can you explain what is the difference between tax return and tax document from HMRC showing income on which tax is paid.

Secondly, they mention letter from CA not accepted because he did not mention gross and net income. The letter states gross income and no expenses as there were no expenses in this kind of work so they are creating a lot of confusion.

She is saying I provided bank statements for self employed income which I didn't. They are confusing the documents I provided for employed income and documents I applied for self employed.

I am in chronic stress

[Abc499]

honestly I dont know much of accountancy either law, so its just my view

tax return and tax document seems quite similar: tax return sounds to me which we submit end of the tax year, tax document sounds to me like SA302, p60 etc provided by HMRC or end of year by employer.

I think for self-assessment there should be mentioned net figures deducting the expense/cost, even if there is no expense still it should carry with showing zero expense/cost (at least for UKVI purpose). As chartered accountant provide you that I can not oppose that, but I myself will not be happy with that.

However, the main issue is money not received on your bank and that cause the issue I think.

[KiranAgam]

Thanks Abc499,
In my previous Tier1 my letter from CA has always been in this format.

There are few regular payments in my bank account but they are from Stoke-on-Trent, by a friend. These are not my self employed earnings but we helped this friend and he was returning this money in instalment. This is the only payments during the claimed earnings period.

But I have no idea how can I use this. Bcos my earnings are in another city and these payments are coming from another city.

[Abc499]

also usually I see, when a certified accountant will do your self-assessment they will see this that the invoices and the invoice amounts received by you in bank. But Do not know how your accountant complete your self-assessment without seeing the bank statements. It was your mistake but you could avoid this too, if accountant raise that question earlier.

HO is much more strict now, lots of people got extension earlier even without paying any tax but caught now for previous income claim. your case is not like that but it shows how strict they are now.

[KiranAgam]

Will they not even consider our circumstances of being pregnant and busy with my elder kid.
I am trying to think of another way rather than lying about payments.

Or showing the regular instalments from friend during that period because we were too involved with kids.

[Abc499]

Will they not even consider our circumstances of being pregnant and busy with my elder kid.
I am trying to think of another way rather than lying about payments.

Or showing the regular instalments from friend during that period because we were too involved with kids.

you will not be able to provide any new documents in AR, also kids was not on the application which they refuse so not sure is there is anything there which they will consider for kids. However you can discuss with professional and can get view of seniors here.

[noajthan]

Will they not even consider our circumstances of being pregnant and busy with my elder kid.
I am trying to think of another way rather than lying about payments.

Or showing the regular instalments from friend during that period because we were too involved with kids.

Most unfortunate situation but face it, that line of excuses is not going to fly.
Almost anyone in Western world could claim 'busyness', too much to do, too little time.

If time-poor or otherwise disorganised and not methodical, one needs to hire professional representation to sort out such applications.
Even then the applicant has to take ultimate responsibility for the bundle, the submission (and the result).

If processing the application yourself it needs to be #1 priority.

Your life needs to be structured so as to generate the necessary evidence and paperwork - whether or not you really need it for any other purpose; (forget about paper-saving and saving the planet).

Look ahead to the upcoming application - and the one after that.
Check all requirements.
Identify gaps.
Work to plug them.
Work to cultivate professional contacts to act as referees, countersignatories & etc etc.

Adopt a belt and braces approach; wherever possible, submit more than is required so if something is rejected the caseworker has an alternative already in front of her.
Work to deny UKVI/HO the Spam of 'wriggle room'.

And doing all of that will in fact take over your lives.
Failure to plan is a sure-fire plan to fail.

[vinny]

I am submitting ILR application of both children with me as initially asked by HO, because my decision is yet pending.

Moreover, the children's applications cannot succeed if you fail.

[KiranAgam]

I am going to a solicitor, but do you think it will help change anything on this application.

Or you mean apply for SET(LR) as an upcoming application.

[KiranAgam]

Am I within guidelines to apply for SET(LR), because even with 1 day delay these long residence applications are refused

[KiranAgam]

Dear all,
I have paid the tax of 360 pounds on extra 1800 pounds.
How can they not accept it. In many other posts they ask ppl about tax. But I have paid it in January 2016. Why they are saying it's not evidence.

How can they prove I did not get payments when my tax return is submitted to HMRC.

[Casa]

It's for you to prove with a paper trail that you did genuinely get the payments.

Otherwise the Case Worker may well have taken the view that you paid tax on non-existent payments in an attempt to make it appear that you had complied with the £18,600 minimum income level.

[KiranAgam]

Okay Casa,
We have all other evidences. Will see what to do.
Thank you. I really appreciate your responses

[longhorn]

On Page 36 of the Set(O) form you are required to tick the boxes for the evidence that you are sending to HO. In addition to everything you have sent, it also has the following option.

"Official tax document generated by the tax authority or your employer showing earnings upon
which tax has been paid or is to be paid in a tax year (for example P60 in the UK)"

If you already had submitted tax-return and had paid taxes as you earlier said, you should have sent a copy of your tax-return/SA302 to HO. This could have served as your second evidence from a separate source as these documents are generated by HMRC. You had to provide evidence from at least two separate sources and you only provided evidence from one source (i.e. accountant). Unfortunately, you are usually not allowed to submit new evidence as part of your AR unless you are challenging a serious allegation e.g deception. I am not really sure whether submitting that tax-return/SA302 now will do any good but it may be worth trying.

[KiranAgam]

Dear longhorn,
Thanks for you response.
I submitted both
I submitted
Tax return like you said
Letter from CA
Invoices
Further signed letters from all clients that they made me payments.

Although invoices and letters from clients were supporting documents trail.

The two specified documents in their section 19-SD
Are
Letter from CA who checked all invoices
And tax return

So these are 2 documents from different sources.

For employed income submitted
Payslips
And bank statements

For self employed
CA letter and
Tax return showing tax is paid

[KiranAgam]

Thank you everyone for replying to my posts. It made a lot of difference to me seeing you all are tried to help me with every information. Thank you. God bless you all..