ILR- 10 yrs- Appeal withdrawn- deception

Dear friends,

I am really in hot water now. I dont know how I am going to get my ILR and how long it takes. Firstly, I want to thanks for reading this and giving me proper advice on the below case.

At first I applied my tier 1 extension and I have used some false payslips and salary to my account (deception), since my application was pending. I have varied to ILR- 10 yrs route.

Recently my ILR and FLR(M) were refused saying that I didnt finish 10 yrs lawful residence here as well as I have no life in the UK certificate. But I finished 10 yrs legal residence and I also have life in the UK certificate. I thought it was refused bit silly reason, so I could win in appeal. So, I have appealed against the decision and recently hearing was held.

When we have been to the tribunal, HO said that they want to withdrawn their decision. So friends could everyone who know the advice on my below queries and the real time scenario which happens in my case.

1) withdrawing means- will they give my ILR visa??
2) does HO have right to give another decision as my previous tier 1 extension had deception?
3) if they refuse my ILR under deception- any chances winning the case in tribunal as I have finished my 10 yrs legal stay here.
4) HO withdrawn ILR refusal means- do I get my appeal and solicitor fee back to me?

I would like to say thanks in advance to everyone.

Thanks.

Withdrawn means they have withdrawn so you have won. They will grant you the visa.

Deception if caught can be dangerous and you shouldn't have used deception.

Even though you have won the case still the appeal fee etc wont be refunded.

uksettlement wrote:Withdrawn means they have withdrawn so you have won. They will grant you the visa.

Deception if caught can be dangerous and you shouldn't have used deception.

Even though you have won the case still the appeal fee etc wont be refunded.

incorrect. The fact that ukba have withdrawn does not mean he has been successful. It means they will now remake the decision, if they have discovered the deception then they may well refuse on those grounds.

If ukba have withdrawn the decision then you should have your appeal fee refunded.

Greenie wrote: incorrect. The fact that ukba have withdrawn does not mean he has been successful. It means they will now remake the decision, if they have discovered the deception then they may well refuse on those grounds.

If ukba have withdrawn the decision then you should have your appeal fee refunded.

Well withdrawn would mean that they are withdrawing from their stand however, they still can go through the application again and decide the outcome. However, from experience of a friend who has been thru an appeal etc i understand that the chances of the application to be refused now on other grounds are lesser!

Longresidence,

Please keep us posted with your progress!

Greenie wrote:

If ukba have withdrawn the decision then you should have your appeal fee refunded.

I have similar situation, What I have to do to get appeal fee back.

(Just adding withdrawn does not mean win, they will make new decision again)

uksettlement wrote:

Greenie wrote: incorrect. The fact that ukba have withdrawn does not mean he has been successful. It means they will now remake the decision, if they have discovered the deception then they may well refuse on those grounds.

If ukba have withdrawn the decision then you should have your appeal fee refunded.

Well withdrawn would mean that they are withdrawing from their stand however, they still can go through the application again and decide the outcome. However, from experience of a friend who has been thru an appeal etc i understand that the chances of the application to be refused now on other grounds are lesser!

so your friend was successful with his second decision and this causes you to state that withdrawal means that the op will be issued a visa, your statement was incorrect and given the op's use of deception i would be cautious in stating that he will now be steadfastly.

I have stated my experience and what happened in that case. However, given that there was a deception in this case it could go either way.

Also, I dont think either of us can be 100% sure what's definitely going to happen with this case so lets wait and watch if longresidence does come back and update his status.

uksettlement wrote:I have stated my experience and what happened in that case. However, given that there was a deception in this case it could go either way.

Also, I dont think either of us can be 100% sure what's definitely going to happen with this case so lets wait and watch if longresidence does come back and update his status.

Thanks for the replies from Greenie and UKsettlement.

Its been over 2 weeks that my appeal has been withdrawn in tribunal. fingers crossed and every second is counting.

UKsettlement- you said that ur friend had faced the similar situation and he got the visa success. It means has he used deception in the past? what visa has he got at the time of withdrawal.

Greenie- you said that they are likely high chances for refusal under deception grounds. Any chances winning the case in appeal as I have finished over 10 yrs lawful residence here. Deception I have used at the time of tier 1 extension ( not for ILR 10 yrs route). So they still count it as DECEPTION for ILR??


Greenie- I haven't got my appeal fee back yet. Do I need to let them know to refund into my account?

And just to let you know that I have paid tier 1 extension fee as well as ILR full fee at the time of variation. Do I get my tier 1 fee refunded?

TO everyone any ideas and advice on how to get out from this mess.

Once again thanks for reading and plz advice on the above extremely serious case.

Thanks.

longresidence wrote:

uksettlement wrote:I have stated my experience and what happened in that case. However, given that there was a deception in this case it could go either way.

Also, I dont think either of us can be 100% sure what's definitely going to happen with this case so lets wait and watch if longresidence does come back and update his status.

Thanks for the replies from Greenie and UKsettlement.

Its been over 2 weeks that my appeal has been withdrawn in tribunal. fingers crossed and every second is counting.

UKsettlement- you said that ur friend had faced the similar situation and he got the visa success. It means has he used deception in the past? what visa has he got at the time of withdrawal.

Greenie- you said that they are likely high chances for refusal under deception grounds. Any chances winning the case in appeal as I have finished over 10 yrs lawful residence here. Deception I have used at the time of tier 1 extension ( not for ILR 10 yrs route). So they still count it as DECEPTION for ILR??


Greenie- I haven't got my appeal fee back yet. Do I need to let them know to refund into my account?

And just to let you know that I have paid tier 1 extension fee as well as ILR full fee at the time of variation. Do I get my tier 1 fee refunded?

TO everyone any ideas and advice on how to get out from this mess.

Once again thanks for reading and plz advice on the above extremely serious case.

Thanks.

Hi all,

Can anyone plz reply to my queries urgently.

Thanks.

longresidence wrote:

longresidence wrote:

uksettlement wrote:I have stated my experience and what happened in that case. However, given that there was a deception in this case it could go either way.

Also, I dont think either of us can be 100% sure what's definitely going to happen with this case so lets wait and watch if longresidence does come back and update his status.

Thanks for the replies from Greenie and UKsettlement.

Its been over 2 weeks that my appeal has been withdrawn in tribunal. fingers crossed and every second is counting.

UKsettlement- you said that ur friend had faced the similar situation and he got the visa success. It means has he used deception in the past? what

visa has he got at the time of withdrawal.

Greenie- you said that they are likely high chances for refusal under deception grounds. Any chances winning the case in appeal as I have finished over 10 yrs lawful residence here. Deception I have used at the time of tier 1 extension ( not for ILR 10 yrs route). So they still count it as DECEPTION for ILR??


Greenie- I haven't got my appeal fee back yet. Do I need to let them know to refund into my account?

And just to let you know that I have paid tier 1 extension fee as well as ILR full fee at the time of variation. Do I get my tier 1 fee refunded?

TO everyone any ideas and advice on how to get out from this mess.

Once again thanks for reading and plz advice on the above extremely serious case.

Thanks.

Hi all,

Can anyone plz reply to my queries urgently.

Thanks.

Hi Longresidence - My situation is the same got my tier 1 intially general through a solictr by deception . Solictr caught jailed rest of my mate who applied got the visa curtailed before time except me and they reappliedin tribunal and got visa reinstated back now i have applied for extension of tire 1 general bimteric done uptill know all good as this visa will allow me to complete my 10 yrs legal stay

if all work fine and get my tier 1 genral extended will i get my ilr on basis of ten yrs

Withdrawing appeal mean they will reconsider the application but most probably decision will be in ur favour but u never knw so wait and watch, regarding fee refund if u win appeal then appeal fee will be refunded.

Regards

Hi all I got a question to ask.

If someone got tier1 appeal pending and in meantime person complete 10 years lawfull residence in country, is it possible to submit LR application and withdraw appeal?

Or let both appeal and LR application carry on same time?

But in guidance I have read LR application will be void if u have decision of appeal pending ?

Any comment on above will be highly appreciated.

Regards

rehan01 wrote:Withdrawing appeal mean they will reconsider the application but most probably decision will be in ur favour but u never knw so wait and watch, regarding fee refund if u win appeal then appeal fee will be refunded.

Regards

See also Withdrawn decisions.

HYDAP wrote:

longresidence wrote:

longresidence wrote:

uksettlement wrote:I have stated my experience and what happened in that case. However, given that there was a deception in this case it could go either way.

Also, I dont think either of us can be 100% sure what's definitely going to happen with this case so lets wait and watch if longresidence does come back and update his status.

Thanks for the replies from Greenie and UKsettlement.

Its been over 2 weeks that my appeal has been withdrawn in tribunal. fingers crossed and every second is counting.

UKsettlement- you said that ur friend had faced the similar situation and he got the visa success. It means has he used deception in the past? what

visa has he got at the time of withdrawal.

Greenie- you said that they are likely high chances for refusal under deception grounds. Any chances winning the case in appeal as I have finished over 10 yrs lawful residence here. Deception I have used at the time of tier 1 extension ( not for ILR 10 yrs route). So they still count it as DECEPTION for ILR??


Greenie- I haven't got my appeal fee back yet. Do I need to let them know to refund into my account?

And just to let you know that I have paid tier 1 extension fee as well as ILR full fee at the time of variation. Do I get my tier 1 fee refunded?

TO everyone any ideas and advice on how to get out from this mess.

Once again thanks for reading and plz advice on the above extremely serious case.

Thanks.

Hi all,

Can anyone plz reply to my queries urgently.

Thanks.

Hi Longresidence - My situation is the same got my tier 1 intially general through a solictr by deception . Solictr caught jailed rest of my mate who applied got the visa curtailed before time except me and they reappliedin tribunal and got visa reinstated back now i have applied for extension of tire 1 general bimteric done uptill know all good as this visa will allow me to complete my 10 yrs legal stay

if all work fine and get my tier 1 genral extended will i get my ilr on basis of ten yrs

Hi there,
yes I got my ILR on the basis of 10 yrs.
Could u please tell me u said u got intially tier 1 by deception, u mean after u got the visa, have they refused again or they refused instantly at the time of applying?

if u get the extension, then I think it will be towards to 10 yrs ur legal stay. As per my understanding, u will get visa on the basis if 10 yrs. Bt make sure take legal advice before u apply for ILR, when is ur ILR 10 yrs due?

I just want to know that u said ur frnds got visa first then later it was curtailed by deception? n again they got visa reinstated thru tribunal?

have they got visa back in first tribunal only? if yes, how did they show to the judge that ur mates are innocent? i mean what was the actual reason to get the visa back?

just a curiosity that who dealt with the case? which solicitor? Because I got few more my mates who got visa by deception curtailed and waiting for the outstanding applications now. they will now prepare in appeals stage. if its not possible to discuss here, plz PM here.

one more thing, who was the solicitor was caught jailed and applied u n ur frnds application? just tel me first 3 letters

any doubts then get back to me ....

cheers n wish u good luck

thanks for the useful information Vinny much appreciated ..... withdraw of appeal by any party than no refund of fees only refund is possible in case of winning the appeal.

also I have posted another question if you can kindly advise me on that as I have applied tier 1 visa which is refused and now I have submitted appeal and waiting for hearing date ... my legal 10 years long residency will be completed in 2 months time so can I withdraw appeal and apply LR or apply LR and once acknowledgement received from LR application than withdraw appeal?

please advice your comment on above will be highly appreciated.

regards

vinny wrote:

rehan01 wrote:Withdrawing appeal mean they will reconsider the application but most probably decision will be in ur favour but u never knw so wait and watch, regarding fee refund if u win appeal then appeal fee will be refunded.

Regards

See also Withdrawn decisions.

congratulations longresidence .... I have sent you pm plz reply.

regards

longresidence wrote:

HYDAP wrote:

longresidence wrote:

longresidence wrote:
Thanks for the replies from Greenie and UKsettlement.

Its been over 2 weeks that my appeal has been withdrawn in tribunal. fingers crossed and every second is counting.

UKsettlement- you said that ur friend had faced the similar situation and he got the visa success. It means has he used deception in the past? what

visa has he got at the time of withdrawal.

Greenie- you said that they are likely high chances for refusal under deception grounds. Any chances winning the case in appeal as I have finished over 10 yrs lawful residence here. Deception I have used at the time of tier 1 extension ( not for ILR 10 yrs route). So they still count it as DECEPTION for ILR??


Greenie- I haven't got my appeal fee back yet. Do I need to let them know to refund into my account?

And just to let you know that I have paid tier 1 extension fee as well as ILR full fee at the time of variation. Do I get my tier 1 fee refunded?

TO everyone any ideas and advice on how to get out from this mess.

Once again thanks for reading and plz advice on the above extremely serious case.

Thanks.

Hi all,

Can anyone plz reply to my queries urgently.

Thanks.

Hi Longresidence - My situation is the same got my tier 1 intially general through a solictr by deception . Solictr caught jailed rest of my mate who applied got the visa curtailed before time except me and they reappliedin tribunal and got visa reinstated back now i have applied for extension of tire 1 general bimteric done uptill know all good as this visa will allow me to complete my 10 yrs legal stay

if all work fine and get my tier 1 genral extended will i get my ilr on basis of ten yrs

Hi there,
yes I got my ILR on the basis of 10 yrs.
Could u please tell me u said u got intially tier 1 by deception, u mean after u got the visa, have they refused again or they refused instantly at the time of applying?

if u get the extension, then I think it will be towards to 10 yrs ur legal stay. As per my understanding, u will get visa on the basis if 10 yrs. Bt make sure take legal advice before u apply for ILR, when is ur ILR 10 yrs due?

I just want to know that u said ur frnds got visa first then later it was curtailed by deception? n again they got visa reinstated thru tribunal?

have they got visa back in first tribunal only? if yes, how did they show to the judge that ur mates are innocent? i mean what was the actual reason to get the visa back?

just a curiosity that who dealt with the case? which solicitor? Because I got few more my mates who got visa by deception curtailed and waiting for the outstanding applications now. they will now prepare in appeals stage. if its not possible to discuss here, plz PM here.

one more thing, who was the solicitor was caught jailed and applied u n ur frnds application? just tel me first 3 letters

any doubts then get back to me ....

cheers n wish u good luck

Hi.

I got nearly same problem. My tier 1 extension is under appeal for deception .Home office withdrew the case and after 6 weeks I received another refusal for same reason. Can I ask you which solicitor u went through. If possible can u please give his phone number and name. I want to apply for ilr as well as re appeal for deception.
U can send me email @munishvictor@AOL.com
Thanks

Hi.

One of my friend is also in a similar situation. Tier 1 extension was refused for deception and would like to appeal.

I am also interested in similar kind of judgements. please pm me if you can.

mike79 wrote:Hi.

I got nearly same problem. My tier 1 extension is under appeal for deception .Home office withdrew the case and after 6 weeks I received another refusal for same reason. Can I ask you which solicitor u went through. If possible can u please give his phone number and name. I want to apply for ilr as well as re appeal for deception.
U can send me email @munishvictor@AOL.com
Thanks

Hi there,

Can you please tell me what exactly happened with ur case from starting to now, I think u got appeal right now???

Actualy I am going to lodge a second appeal with in couple of days my first appeal was withdrawn and then they put same case again in next refusal.thats why I was asking if u know any good barrister and if u can help me.

Hi Longresidence

can you please check your inbox as i have sent you a PM

thanks

hello all,
I recently got Tier 1 General extension refusal after being interviewed on Genuine earning test basis.
The reason being given of refusal was on the account of probabilities. I am planning for going in appeal against the actual decision made on my application but mean while my ten years law full residence will be completed in 5 months time.
My query if some can kindly guide me is, as soon as I hit ten years time will I be able applying for ILR on long residence basis or do I need to wait for decision made on my appeal and only then?
Many thanks in advance.

Dear All I am intending to apply for my ILR next year but After reading the threads on immigration boards, I have requested for my SA 302, and i found that my all taxes are upto date just one tax is missing which was from my employer in 2010. I found that there is no such record of my employment in Inland Revenue of my employment, i worked with a ltd company as an employee but they did not file my return or registered me on Paye on Inland Revenue Register plus they have been liquidated in 2011. But i have my pay slips and it clearly states the tax deduction on them plus i have got p60 from them and the money came from there company account it shows/reflect in my bank statement from their company account, am so confused and scared what should i do please any help guys let me know? What I can do about it?

Hi.. I got refused for my Tier 1 General extension in 2014 as they said when I applied for the Tier1 general in 2011 the company which I worked for was bogus or non-existing whereas HMRC letter states the tax was paid but £3000 was underpaid so I paid them from my pocket. When I applied for extension they refused may and the reason was I have used a deception in my previous application as they found there was no such a company after granting me the visa in 2011.

I appeal on paper hearing which they refused and the judge argument was there was no legitimate trade so no salaries were paid. Now, I have requested them for face to face so I can describe as my previous solicitor said its an easy case and I can win on paper hearing only.

At the moment I have got few months left for my 10 years in the country. Could any of knowledgeable guide me what should I do ? one of the solicitor said you deception is no proven as it states discretion on it.

Am I eligible for ILR ?

Please share your ideas as my whole life is on stake.

Thanks