ILR - Varied Application from Set (O) to Set (LR) Premium

[ukpostgrad]

First, I want to thank you to everyone involved in this board for helping everyone out and doing an excellent job.

My query is - is it a good idea to approach MP to help assist as its been long and frustrating wait and I have sick parent back home who I have to urgently go and take care so i am desperate now. (my worry is i hope CW doesnt take it personally and give negative outcome due to this fact)

Please can someone advised - I originally applied for Set (O) on March 16 gave an interview on Dec 17 tired and without any outcome, I varied to Set (LR) premium same day in march 17 however it was held seeking original file ie passport, etc from HO, however, its more than half month with no response.

Thanks in advance

[Carwan10]

Hi there,

I would say that if your application is straightforward like no tax issues, no convictions and no immigration issues then you can go for the option.
In this forum a lot of people have said that they approached local MPs.
So you can try as well.

For your LR application,
when HO got your current application they usually wait for outcome of the one and
Then decide next application.

So Gurus and members of the forum need your application backgrounds then
You can get exact advice.

[zimba]

What was the route under which you applied for 5 year ILR ?
If you have applied for ILR under Tier 1 General, the delay could be due to the very well known issue of tax discrepancies (particularly if you worked as self employed/company director)
Varying your application to SET(LR) will not make the tax issues go away. The same checks do apply under SET(LR)

[ukpostgrad]

What was the route under which you applied for 5 year ILR ?
If you have applied for ILR under Tier 1 General, the delay could be due to the very well known issue of tax discrepancies (particularly if you worked as self employed/company director)
Varying your application to SET(LR) will not make the tax issues go away. The same checks do apply under SET(LR)

Absolutely, my tax are upto date now and I have submitted my updated SA302 as well, you are right about Tier 1 General hopefully it will help.

Pl can you advise about aproaching MP

[ukpostgrad]

Hi there,

I would say that if your application is straightforward like no tax issues, no convictions and no immigration issues then you can go for the option.
In this forum a lot of people have said that they approached local MPs.
So you can try as well.

For your LR application,
when HO got your current application they usually wait for outcome of the one and
Then decide next application.

So Gurus and members of the forum need your application backgrounds then
You can get exact advice.

You are so right about tax, convictions and immigration issues however once the vary is accepted old application is cancelled but i get your point about application being straight forward if anyone want to try that route - Thanks

[zimba]

Well then you are aware that you indeed have tax discrepancies issues and have attempted to amend your tax returns last minute.
If you check this forum, you realise that majority of individuals with tax discrepancies issues or late amendments are refused ILR.
Given that income threshold was an important requirement to get a Tier 1 General visa, anyone who did not declare their income properly could be accused of deception in acquiring such visa.
As I said above, the fact that you varied your application to SET(LR) makes no difference at all as your 10 year needs to be spent lawfully.

[ukpostgrad]

Well then you are aware that you indeed have tax discrepancies issues and have attempted to amend your tax returns last minute.
If you check this forum, you realise that majority of individuals with tax discrepancies issues or late amendments are refused ILR.
Given that income threshold was an important requirement to get a Tier 1 General visa, anyone who did not declare their income properly could be accused of deception in acquiring such visa.
As I said above, the fact that you varied your application to SET(LR) makes no difference at all as your 10 year needs to be spent lawfully.

Many THanks

[imii]

I varied my application from TR-1 General to LR and they refused with deceptions .

I had amended my tax for 1 year although everything was corrected and paid to HMRC before I launched
my application .
They will keep your application for 2-3 moths , even you ask your local MP - no difference they will tell him/her further checks need to be done ( I asked my MP and he contacted them and HO said further checks need to be done on application .)

Good luck

[SM03KUW]

Hi imii,

What are the options do you have now? I have varied my SET(o) application to LR, but haven't heard anything from them, how long it will take them to confirm variation.

Thanks

[imii]

Options : Good thing on LR application applicant get right of appeal ( Its mean you will have right to work in UK while you are proceeding your application )
Secondly- your case is bit more strong than SET(o) because barrister can argue that tax amendment doesn't apply on SET(LR) .
Also try to get a letter from your accountant which should explain why this happen and ask him to accept some sort mistake happen from accountant firm.Also if you have family in this country you can say you have strong ties in this country , spent 10 years , you have social ,professional and personal life in this country .

They held my application for 10-12 months and then they sent me refusal letter . I got a appeal hearing in
July 2017

[zimba]

Options : Good thing on LR application applicant get right of appeal ( Its mean you will have right to work in UK while you are proceeding your application )

The right to appeal is given in cases involving human rights.

Secondly- your case is bit more strong than SET(o) because barrister can argue that tax amendment doesn't apply on SET(LR) .

Incorrect. The income threshold was an important requirement to get a Tier 1 General visa, anyone who did not declare their income properly could be accused of deception in acquiring a visa, hence the 10 year was NOT spent lawfully in the UK.

[imii]

Hi Zamba88,

You are right , if someone deliberately did taxes changes or showed threshold incorrectly to HO then
it is wrong and it is difficult to justify.
However in my case it was different - I declared everything correctly to HO and HMRC when I applied for
visa , however there were few errors on my returns which my accountancy firm made and later they accepted
and corrected it .
If this is the case ( or something similar ) you can explain this to judge with prove and I am sure he/she
can understand the reason .

Not if someone changed his/her returns for visa and then corrected it later .

[zimba]

I guess it all depends on what constitutes a genuine mistake and if such a mistake could have influenced the visa application in any shape or form.