HO withdrew ILR Appeal but grant LR instead

Hi moderators,

My timeline:
Sept 2007 Arrived UK as a MSc student valid visa till Jan 2009.
Jan 2009 In time application for PSW made, granted from Feb 2009 till Feb 2011
In time application for T1 Gen granted Feb 2011 till Feb 2013
In time application for T1 Gen Ext granted Feb 2013 till Feb 2016
March 2009, In time application for SET O (ILR) under 5 yr route, refused mainly on tax discrepancy issues with right to AR.
April 2018, I applied just in time for ILR LR instead under 10 year route and human rights as I have a family, no breaks. Only out of UK once for 2 weeks throughout the 11 years. Dependants are wife and 2 sons under 4yrs old born in the UK but not included in the application.
Feb 2019 refused on same ground as in SET O (ILR) , appealed against the decision citing my family life, then 1 week before hearing date, HO withdrew and requested my lawyer to do same.
Decision made in Sept 2019, HO refused to grant ILR rather gave 30 months Leave to Remain.

The ground on which my lawyer made the appeal was based on unfair decision on grounds not proven and request to reconsider the decision on my ILR as there was no deception but genuine mistakes and oversight on tax issues.

My question is: How can I now reactivate my case to ensure I obtain the decision my lawyer appealed against (ILR not LR). I felt HO tactfully made me and my lawyer to believe they conceded and were going to grant ILR by sodling avoiding the Tribunal hearing? And then make a decision putting me on a new 10 year route.
Would I be able to appeal or go for JR? Is there a chance of a hearing for me to further clear myself?
I'm aware of cases that went to court on similar case, even on this forum, won and were granted ILR.

Please I need expert opinions. Much appreciated guys.

Many thanks.

Any suggestions please?

mikegrant wrote: ↑

Thu Sep 26, 2019 4:50 pm

Any suggestions please?

March 2009, In time application for SET O (ILR) under 5 yr route, refused mainly on tax discrepancy issues with right to AR.
April 2018, I applied just in time for ILR LR instead under 10 year route and human rights.

What does this even mean?

March 2009, In time application for SET O (ILR) under 5 yr route, refused mainly on tax discrepancy issues with right to AR.
April 2018, I applied just in time for ILR LR instead under 10 year route and human rights as I have a family, no breaks. Only out of UK once for 2 weeks throughout the 11 years. Dependants are wife and 2 sons under 4yrs old born in the UK but not included in the application.
Feb 2019 refused on same ground as in SET O (ILR) , appealed against the decision citing my family life, then 1 week before hearing date, HO withdrew and requested my lawyer to do same.

You need to clarify the following :

1. Your 'March 2009' date seems incorrect.

2. You should post the EXACT dates and timelines of visa start dates and expiry dates, dates you made application on Set(O), date of refusal, clarify if you submitted AR or not, exact date you submitted SET LR and date of refusal, date of appeal etc etc.

3. What were the EXACT reasons for refusal of Set(O)?

4. What was the discrepancy and difference in income declared to HO for Tier 1 General visa extension and the income declared to HMRC for tax purposes?? You certainly are not alone in getting refused for tax discrepancies and the loophole Tier 1 General migrants used/abused to over inflate income for visa and under declared for tax, if this applies to your circumstances.

1. A mistake, its actually 20 Feb 2016 for Set O for ILR but refused on 14 March 2018, after over 2yrs!

2, Student visa 21 Sept to 31 Jan 2009, application made from home coubtry;
PSW granted 14 Feb 2009 to 14 Feb 2011, application made on made 5 Jan 2009;
Tier 1 Gen granted 7 Feb 2011 to 17 Feb 2013, application made on 21 Dec 2010;
Tier 1 Ext granted 26 Feb 2013 till 27 Feb 2016, application made on made 29 Jan 2013;
ILR on 5yr route refused on 14 March 2018, application made on 20 Feb 2016 with AR right (not excercised);
ILR based on Long Residence and Human Rights refused on 13 Feb 2019, application made 2 April 2018 through a lawyer; appeal right granted.
Appeal right excercised on 26 Feb 2019, HO withdrew on 5 Aug 2019 for a hearing of 12 Aug 2019, advised lawyer to do same so tbey can reconsider. Granted LR for 30 months instead on 18 Sept 2019 based on human right. Felt I should have insisted onr a chance to oral hearing.

3. Based on Paragraph 322(5), Paragraph 276D cited and Paragraph 276B not met and dishonesty alleged

4. Difference in income to UKVI and HMRC for periods claimed during Tier 1 Gen and Ext period, abour 21k and 30k respectively.

So, would I be able to appeal or go for JR to pursue ILR? Is there a chance of an oral hearing for me to further clear myself?
I'm aware of some cases that went to court on similar case, even on this forum, won and were granted ILR. 

Much appreciated

You don't have 10 years legal stay though.

You made your ILR LR application more than 14 days after set o refusal based on what you state.

Thank you for your response.

I confirm it was in time as application was faxed to HO on 27th Feb 2018 to meet deadline and supporting bundle sent on 2 April 2018. Had to chase some documents. It was thus not considered late submission.

Regards

What point of 276B was specifically stated?

It really would be useful if you post the exact text of the refusal letter, taking out personal information.

Hi CR001,

Thank you for your reply.

This is how the letter was worded,
"The322 (5) HMRC deception issues IS NOT CONCEDED. There is no
evidence in the further representations which addresses the reasons as
to why the discrepancies exist. The Home Office bundle is not available
and therefore no assessment can be made of the deception issue,
therefore this point is not conceded;
As a result of the above, the refusals under paragraph 2768 (ii) and (iii)
and S-LTR 1.4 and 1.6 are maintained;..."

No direct reference to what these paragraphs meant.

Many thanks