Alleged marriage of convenience and upcoming ILR application: grounds for 322(2)?

I would like to ask for advice regarding my upcoming ILR application and the alleged deception in one of my previous applications.

I have read all of the existing threads on this topic and all the Home Office guidelines.

Quick background:

PART 1

• I first entered the UK on a Tier 4 visa in 2011.

• While on Tier 4 visa, I applied for a residence card as a family-member of an EEA national (my-then wife).

• After waiting for over 7 months (and going through an interview), the Home Office rejected me.

• They stated that they had sufficient evidence to believe our marriage was one of convenience (due to inconsistencies during the interview)

• We immediately pursued our case through courts and appealed. At that time my Tier 4 visa was no longer valid.

• A few weeks later before the court date, my wife left the UK for personal reasons, and ended up breaking up with me (her father was sick, and she couldn’t cope with the pressure).

• As I no longer had any basis for appeal, I decided to drop the case and left the UK voluntarily on 26th October 2014 .

• My then lawyer advised me that my leave to remain was automatically extended by virtue of Section 3C of the Immigration Act 1971 pending consideration of my appeal. As the appeal date was set for 15 October 2014 – I did not overstay for more than 28 days (and she told me I therefore cannot be considered as an over stayer).

PART 2

• In June 2015, I applied for a Tier 2 visa from my home country.

• In my cover letter, I explained my situation above in detail claiming that I have never overstayed and I have never used deception in my applications. My Tier 2 application was successful.

• In 2017, my marriage was officially dissolved.

• In June 2018, I applied for an extension of my Tier 2 visa and was successful again.

• I am planning to apply for an ILR in May 2020 through a 5-year route.

• I have recently made a subject access request to see what data they have on me (still waiting).

Now, I have BIG concerns that the Home Office may reject my ILR application under general ground for refusal under paragraph 322(2) having read about similar situations on this forum.

• Do you think it is likely that my application could be refused (how likely)?

• How can I minimise the chances of the refusal?

• Should I include the copy of the cover letter that I submitted in my first Tier 2 application? Or maybe describe everything once again in my main cover letter?

• Is it worth getting a lawyer to handle my ILR application?

Thank you very much to everyone who can help in advance!

Zimba wrote: ↑

Wed Feb 12, 2020 4:02 am

Your ILR is based on the last 5 years. Your case in 2011 should not affect your ILR. NO need for a lawyer.

Thank you. Should I explain this part of my immigration history in my cover letter or only stick to the last five years?

That is, should I mention explicitly in my cover letter that I was rejected in one of my previous applications for alleged marriage of convenience? Or is this part of my immigration history irrelevant to the ILR application?

Zimba wrote: ↑

Wed Feb 12, 2020 1:19 pm

No need. This is not relevant to your ILR under Tier 2.

May I ask why you think it is not relevant (e.g. under the general grounds for refusal)?

And would you be able to point me towards any rules or guidelines about it?

I am asking only because I am very concerned with this situation.

Hello! I am in the process of submitting an online application for the ILR.

There is a question in the application form that is asking "whether I have ever been refused a visa for the UK". The form also asks to provide the details of what happened.

In your opinion, is the below summary sufficient to describe my situation? (see my original post in this thread)

I was refused a residence card as a family-member of an EEA national in May 2014. I pursued the case through courts and appealed. However, I separated with my then-wife before the court date and no longer had any basis for appeal. I left the UK voluntarily on 26 October 2014. My leave to remain was automatically extended by virtue of Section 3C pending consideration of my appeal. As the appeal date was set for 15 October 2014, I did not overstay longer than the 28-day grace period.

Is it not too much or too little detail in your opinion?