Another refusal as expected under 322(5)

Hi All! I applied for ILR on 27-5-16 in Croydon PEO with all previous sa302. This application is fully based on employment earnings. But they refused by saying "your application for ILR is refused under paragraph 245CD (B)with reference to paragraph 19(j) in appendix A and 322(5) general grounds of refusal."

I never done any amendments only declared late even though I declared my company accounts on time.
Case worker blindly/repeatedly saying your provided document not matching my system. I interfered and asking are you accusing me that this Sa302 is forged? but he is keep on telling I'm not saying this document forged..I'm saying this is not on my system.

I completely fed up with this decision and stressed. What to do I'm standing in the receiving end. Please help me how to go forward

thiruuk wrote:Hi All! I applied for ILR on 27-5-16 in Croydon PEO with all previous sa302. This application is fully based on employment earnings. But they refused by saying "your application for ILR is refused under paragraph 245CD (B)with reference to paragraph 19(j) in appendix A and 322(5) general grounds of refusal."

I never done any amendments only declared late even though I declared my company accounts on time.
Case worker blindly/repeatedly saying your provided document not matching my system. I interfered and asking are you accusing me that this Sa302 is forged? but he is keep on telling I'm not saying this document forged..I'm saying this is not on my system.

I completely fed up with this decision and stressed. What to do I'm standing in the receiving end. Please help me how to go forward

Rather unclear why people insist on applying via PEO when its clear this is happening to any and all but the most trivial and straightforward of applications.

It should be patently obvious from all the recent war stories and tales of woe in the forum that the caseworker is not there for an intelligent one-to-one discussion (mano a mano) in order to sort out any glitches.

If "computer says no" its clearly going to be #fail.

Takeaway: why set yourself up for a fall - apply by post

Hi, I was also in the same position like you. My advice would be just go for AR and if got refused there then send Pre Action Protocol for JR. My case/ decision overturned when I told HO I am determined to go for Judicial review. HO changed their decision in my favor before filing JR application. So be hopefull you will be OK.

Hi sad to hear the news. Bit will definitely win in JR. Just few months wait.

Could you please tell me whether you were given a questionnaire to fill.

Thank you noj! I heard even in postal getting refused. I thought refusal will be refusal. my friend got stamped on same day similar to my case like late in declaration. I put my odds on RED &BLACK but the ball stopped on 0.if I apply by post again what it's going to be.? Or shall I put this amount on barristers? Please I'm totally confused and can't able to think. Plz

Haimi123 wrote:Hi, I was also in the same position like you. My advice would be just go for AR and if got refused there then send Pre Action Protocol for JR. My case/ decision overturned when I told HO I am determined to go for Judicial review. HO changed their decision in my favor before filing JR application. So be hopefull you will be OK.

Thank you very much for the confidence. Shall I go for PAP straight away.

cruis wrote:Hi sad to hear the news. Bit will definitely win in JR. Just few months wait.

Could you please tell me whether you were given a questionnaire to fill.

Thank you for your reply. Yes they gave questionnaire to fill in the middle. After 20 minutes when it went for applications under consideration status.

thiruuk wrote:Thank you noj! I heard even in postal getting refused. I thought refusal will be refusal. my friend got stamped on same day similar to my case like late in declaration. I put my odds on RED &BLACK but the ball stopped on 0.if I apply by post again what it's going to be.? Or shall I put this amount on barristers? Please I'm totally confused and can't able to think. Plz

Obviously postal cases can and do fail too. Its all about the seniority and authority of staff involved.

However there seems to be some sort of urban myth that PEO applications can be sorted out on the spot by the applicant (and sometimes with their legal representative or accountant).
It appears complex applications should really go by post.

Last one month I am trying to figure out a standard, which T-1 application now getting refused and which is getting approved. But its very much unpredictable and seems unless some one fully employed from year -1 to year 5 and 100% clear, its all about the case worker satisfaction and wish, also there is no standard of their satisfaction. few is satisfied with minimum and some will probably will not satisfied whatever you give them.

"(19) The immigration officer deems the exclusion of the person from the United Kingdom to be conducive to the public good. For example, because the person’s conduct (including convictions which do not fall within paragraph 320(2)), character, associations, or other reasons, make it undesirable to grant them leave to enter."------ so this is completely his/her satisfaction

Hi Thiruuk, I think you can go for PAP after AR decision. Also be remembered that you are not covered by section 3c when you opt for PAP (if your visa has expired). Section 3c leave covers only uptill AR decision.

@ thiruuk

you are third case in this forum who are refused on this basis that PEO have access of HMRC till Jan 2015.

i am going to apply in July dont know what will happen ?

i never done amendment but i have file late self assessment. as i wansnt aware about SA, file CT600 and paid CT tax on time.

Haimi123 wrote:Hi, I was also in the same position like you. My advice would be just go for AR and if got refused there then send Pre Action Protocol for JR. My case/ decision overturned when I told HO I am determined to go for Judicial review. HO changed their decision in my favor before filing JR application. So be hopefull you will be OK.

hi mate send you pm

adeelishaq786 wrote:

Haimi123 wrote:Hi, I was also in the same position like you. My advice would be just go for AR and if got refused there then send Pre Action Protocol for JR. My case/ decision overturned when I told HO I am determined to go for Judicial review. HO changed their decision in my favor before filing JR application. So be hopefull you will be OK.

hi mate send you pm

Member's don't have the privilege of the PM facility until they have made 30 posts. This means you'll find that your PM will sit unread in your outbox.

noajthan
There is lots of failed case for both PEO and post application.

The reality is what ever the way they select end for day result is refusal and application suffer.

They trust only computer data, this is really unacceptable.

thiruuk
The reality is your AR and pre action protocol might be failed but you have strong ground to win in court.

I know it's really hard but you are on the boat just carry it. DO NOT GIVE UP.

jibon wrote:noajthan
There is lots of failed case for both PEO and post application.

The reality is what ever the way they select end for day result is refusal and application suffer.

They trust only computer data, this is really unacceptable.

thiruuk
The reality is your AR and pre action protocol might be failed but you have strong ground to win in court.

I know it's really hard but you are on the boat just carry it. DO NOT GIVE UP.

Yes, there is no silver bullet, no secret insider tricks and no hot-shot lawyers can fix flawed applications.

The point is that same day appointments are not intended for complex cases; its not intended to be a mini-AR or JR type interaction where an applicant can argue their case.

jibon wrote:noajthan
There is lots of failed case for both PEO and post application.

The reality is what ever the way they select end for day result is refusal and application suffer.

They trust only computer data, this is really unacceptable.

thiruuk
The reality is your AR and pre action protocol might be failed but you have strong ground to win in court.

I know it's really hard but you are on the boat just carry it. DO NOT GIVE UP.

Thank you for your words ji! Any how I applied again by post. Now understood that we need patience.

HI thiruuk

All the best with your new application.

Could you pls tell me which year you were self employed and when did you UTR Number and when did you submit your Self Assessment ?

also did you mention anything about tax matters in your cover letter or did you submit SA302 with your application or provide latter with your application ?

also in your current application did you claim earning by employment, self employment or both ?

thanks

Hi All thanks in advance!
I applied again by post with accountant explanation for late filing self assessment after 322(5) refusal.
based on probabilities if I get refused again...can I apply for FLR (LR) and continue my legal proceedings (AR, PAP,JR)? What could be the success rate for FLR (LR) please advise me

M.

Casa wrote:

adeelishaq786 wrote:

Haimi123 wrote:Hi, I was also in the same position like you. My advice would be just go for AR and if got refused there then send Pre Action Protocol for JR. My case/ decision overturned when I told HO I am determined to go for Judicial review. HO changed their decision in my favor before filing JR application. So be hopefull you will be OK.

hi mate send you pm

Member's don't have the privilege of the PM facility until they have made 30 posts. This means you'll find that your PM will sit unread in your outbox.

Hi
Extremely thankful and support from the seniors and gurus
I'm in same situation waiting for AR decision. Applied AR on 23/6/16
Poe Liverpool 16/6/16 and expired 17/6/16
I came in Sep 2007.
If AR result is positive then everything will be ok and if not if I will go for JR if decision goes against me will my 10yr still open or will I be considered as over stayer and if JR hearing is due and for eg still 2-3 months left for 10yr route can I extend the date and can apply for 10yr route n withdraw JR

Hi thiruuk...
I have applied for ilr(tier1)..and waiting for the reply.
I have submitted all the document including 302...all was ok but only one sa I filled late but took care by making the payment to Hmrc before applying for ilr....now M not sure will I get the refusal for late sa submission???
Though I hav nevr made any amendments it is just that I was 2 year late in my one sa

Hi haimi
Good to knw u got the ilr....I knw M asking u late but could you please advise or share your experience!!
I am waiting for my ilr result and after reading so many post about refusals honestly M scared nw
I was late in my sa however I paid before I make the application and nvr made amendments infect I mentioned
form 302
But now I am feeling like as if my going to b a next refusal on its way...
Kindly advise

Haimi123 wrote:Hi, I was also in the same position like you. My advice would be just go for AR and if got refused there then send Pre Action Protocol for JR. My case/ decision overturned when I told HO I am determined to go for Judicial review. HO changed their decision in my favor before filing JR application. So be hopefull you will be OK.

Hi Haimi123, could you please describe your case bit more. How your application has refused ? Have you sent any tax amendments to HMR&C ?

Many Thanks,

HI all,

my situation is same paid all CT600 on time only filed late SA, as was not aware to do self-assessment.

applied on 1//3/16 and still waiting no communication from UKVI.

Hi london2007,
Just to clarify, For which years you filed SA late ? Were you self-employed all this time ?

Thanks in Advance.