10 year ILR Home office Query- URGENT HELP

[Apr30]

Hi Moderators,

Please can i seek your valuable advice to proceed further without any delays!

Below is my immigration history,

I came to UK on Aug-2010 in Tier-2 ICT Established Staff and since then i have extended my visa five times as specified below working with the same A rated Sponsor company,

Oct-2011 - Tier 2 ICT Short Term Leave to Remain
June-2012 - Tier 2 ICT Long Term Leave to Remain
May-2014 - Tier 2 ICT Long Term Leave to Remain
June-2016 - Tier 2 ICT Long Term Leave to remain
June-2018 - Tier 2 ICT Long Term Leave to Remain - Current visa which is valid June'2021

Having completed lawful residence back in Aug 2020 , i have applied SET(LR) on end Dec'2020 and now received an email with Query from Home office as highlighted below for the payment decline sceanari happened during 2011 extension

"It is noted that your client made an application on 20/7/2011 which was later rejected because the payment transaction was declined. Please can your client provide evidence that they had the relevant funds available in the bank at the time of the application and subsequent rejection on 30/8/201"1

Having discussed with my company i have provided the response as below:-

"The application fee cost for all T2 visa migrants had been barred by the company and the application is submitted on time on 20/07/2011. The company is not sure why these payment decline error occurred, it may be due to technical glitch but difficult to find the records as it is 10 years old now. Further to add the extension in 2011 is approved without any refusal, following that other 4 extensions have been approved.

As a supporting evidence to tackle Home office query they have provided 2011 Company Financial Statement in order to prove there are sufficient funds available under company's name.

Questions below:
1) Is this Query posted by home office is complex and whether it will have any knock-on impact on the decision of settlement. Also the above response from my end looks justified for their query?
2) Been 3 days now i have responded back to Home office and not received any reply/acknowledgment. Is there any way to track further with home office to speed up the things?
DEPENDANT VISA APPLICATION - I am dependent on this settlement decision in order to apply for my dependents whose T2 ICT dependant visa {Spouse - FLR(M) and Kid- MN1 registration } is getting expired on June 3rd week.
3) Do i need to submit the application for FLR(M) and MN1 registration mandatorily before 28 days of their current visa expiry? or can i wait till 2nd week of june to see my decision on Settlement application?

[secret.simon]

Have you copy-pasted the text from a Home Office email or have you transcribed it from a letter? Are you sure that the letter/email states "rejected" and does not state "invalid" application or words to that effect?

I came to UK on Aug-2010 in Tier-2 ICT Established Staff and since then i have extended my visa five times as specified below working with the same A rated Sponsor company,

Oct-2011 - Tier 2 ICT Short Term Leave to Remain
June-2012 - Tier 2 ICT Long Term Leave to Remain
May-2014 - Tier 2 ICT Long Term Leave to Remain
June-2016 - Tier 2 ICT Long Term Leave to remain
June-2018 - Tier 2 ICT Long Term Leave to Remain - Current visa which is valid June'2021

When did your first visa issued in August 2010 expire? And, after the application dated 20/7/2011 was rejected, when was the application resubmitted? Finally, when did you get the renewal after that second application?

[Apr30]

Have you copy-pasted the text from a Home Office email or have you transcribed it from a letter? Are you sure that the letter/email states "rejected" and does not state "invalid" application or words to that effect?

Yes the content highlighted in yellow background is from the mail i received from caseworker. Also the subject of the mail states "Application update" and within the body of the mail it states we are considering your application and provide evidence as requested

I came to UK on Aug-2010 in Tier-2 ICT Established Staff and since then i have extended my visa five times as specified below working with the same A rated Sponsor company,

Oct-2011 - Tier 2 ICT Short Term Leave to Remain
June-2012 - Tier 2 ICT Long Term Leave to Remain
May-2014 - Tier 2 ICT Long Term Leave to Remain
June-2016 - Tier 2 ICT Long Term Leave to remain
June-2018 - Tier 2 ICT Long Term Leave to Remain - Current visa which is valid June'2021

When did your first visa issued in August 2010 expire? And, after the application dated 20/7/2011 was rejected, when was the application resubmitted? Finally, when did you get the renewal after that second application?

My Visa issued on Aug 2010 expired on 30/07/2011
We didn't get any rejection letter from Home office for the application submitted on 20/07/2011 and from their query it stated the payment made for the application is declined (not sure on the reason).Also my company stated that they didn't re-submit any new second application from the records. Only one application submitted before expiry of that current leave but the payment is declined hence their query

[secret.simon]

I suggesting applying for an SAR with the UKV&I to see what they have on record for your earlier visa applications. You may then be able to understand the reasons for their questions.

[Apr30]

I suggesting applying for an SAR with the UKV&I to see what they have on record for your earlier visa applications. You may then be able to understand the reasons for their questions.

OK thanks, please can you throw advice on the Question 3 when is the right time to apply for dependents?

[secret.simon]

DEPENDANT VISA APPLICATION - I am dependent on this settlement decision in order to apply for my dependents whose T2 ICT dependant visa {Spouse - FLR(M) and Kid- MN1 registration } is getting expired on June 3rd week.
3) Do i need to submit the application for FLR(M) and MN1 registration mandatorily before 28 days of their current visa expiry? or can i wait till 2nd week of june to see my decision on Settlement application?

You can only apply for FLR(M) and MN1 for your dependents AFTER you have been granted ILR.

If you apply before, they do not meet the requirements (of being married to or a child of a person on ILR) and therefore you will end up losing the fees.

If you have not received your ILR by 1st June (a day before the date of expiry of their visa), apply for an extension of their current visa before the date of expiry of their visa, at the very least for your wife.

If your ILR application is decided before your wife's extension application is decided, you can then vary her Tier 2 dependent application to an FLR(M) application.

Was your child born in the UK or abroad?

[Apr30]

DEPENDANT VISA APPLICATION - I am dependent on this settlement decision in order to apply for my dependents whose T2 ICT dependant visa {Spouse - FLR(M) and Kid- MN1 registration } is getting expired on June 3rd week.
3) Do i need to submit the application for FLR(M) and MN1 registration mandatorily before 28 days of their current visa expiry? or can i wait till 2nd week of june to see my decision on Settlement application?

You can only apply for FLR(M) and MN1 for your dependents AFTER you have been granted ILR.

If you apply before, they do not meet the requirements (of being married to or a child of a person on ILR) and therefore you will end up losing the fees.

If you have not received your ILR by 1st June (a day before the date of expiry of their visa), apply for an extension of their current visa before the date of expiry of their visa, at the very least for your wife.

If your ILR application is decided before your wife's extension application is decided, you can then vary her Tier 2 dependent application to an FLR(M) application.

Was your child born in the UK or abroad?

Child born in UK , hence decided to apply MN1 registration.

[secret.simon]

I'd suggest planning on applying for a T2 dependent extension for the child as well, depending on whether the SAR suggests that there was a break in your 10 years legal residence, which may mean that you are not eligible for ILR till October 2021.

[Apr30]

I'd suggest planning on applying for a T2 dependent extension for the child as well, depending on whether the SAR suggests that there was a break in your 10 years legal residence, which may mean that you are not eligible for ILR till October 2021.

I agree with your advice to apply T2 extension for them but the problem now is without my T2 ICT extension application submitted they can't submit individual application since am working in corporate company where they need to sponsor me & my dependants are add-on to that sponsorship.

I have strong opinion that i will receive ILR decision based on the payment decline query answered back to home office since the application originally submitted in 2011 was not refused at any cost (shared the correspondence letters received from HO that point in time) but only the payment decline may due to technical glitch.

Hence for that reason am exploring the option to submit FLR(M) and MN1 application for them to avoid overstayer scenario beyond 2nd week of June.

Please advice me on the vital options to overcome this scenario!.

[secret.simon]

Keep in mind that an MN1 application is not an immigration application, but a nationality application made under different rules and laws.

That means that
a) Making an MN1 application before the end of the child's visa will not prevent them from becoming an overstayer. That may not be relevant for Form MN1 itself, but that is something you should be aware of.
b) You can't vary from a Tier 2 Dependent application to a Form MN1 application later on (you can only vary from one immigration application to another immigration application).

I am not sure if you can make an MN1 application if, on the date of the application, at least one parent did not already hold ILR (not merely have made an ILR application). Indeed, I think the online form would not allow you to proceed with the application without details of the grant of the ILR.

And if the MN1 application is declined, you lose the entire £1000+ MN1 fees (i.e. no refund).

Keep all these factors in mind when making your decision.

[Rud]

Hi , im planning to submit my set lr in few days .

I really appreciate if you could share your knowledge and experience,

the list of documents that you have submitted for the set lr application?

Have you hired any solicitor for submitting appln ?

How early you have paid the set lr fees and booked the biometric date ? Have you done it via priority service ? Is next day appointment available in Ukvcas if you start the appln on 28th day before completion of 10 years ?

[kartisar]

Hi simon,

how SAR suggests that there was a break in your 10 years legal residence, is that the word

in-time application: Yes?

or

Out of time Application: No