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Tier 1 G Deception - ILR now

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

ashak
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Re: Tier 1 G ext, appeal and JR refused - Set LR applied

Post by ashak » Sun Oct 01, 2017 7:42 pm

I am finding the link and will post soon.. If I agree that after UTT my 3C ended then why should they be entertaining my case at all and as they have considered then what will be the outcome ? does the whole scenario take this towards discretionary leave ? .. the case is not just dumped they are asking for document etc. and someone is dealing with it .. does it go towards any human rights or any facts which were not true when they refused me initially ?

hussy7177
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Re: Tier 1 G ext, appeal and JR refused - Set LR applied

Post by hussy7177 » Sun Oct 01, 2017 9:37 pm

thanks ashak for your response,i had a friend who was done by the TOEc scandel and after all his appeals exchasted he applied for set lr when his ten years completed they called him for the interview once and gave him indefinate visa so i wish you all the best and hope someone will give you the advice towards success.


however my case is slightly diffrent then yours i was refused my initial tier 1 general visa which was successfully challenged and gone back and forth but eventually in sept 2013 they granted me the tier 1 general 3 years visa. my ten years completed in jan 2016 and i applied for long residency and exactly after six months last year around june they sent me the refusal by saying the doc you provided in your intial application of 2010 werent authentic and hence they refused me under section 322(2) with the right of appeal. my hearing is in two months time i have received the bundle from the home office with old verfication report dated august 2010 which is saying my docs werent authentic.
i would like the respectable guru to shed some light on it.
thanks in advance

ashak
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Re: Tier 1 G ext, appeal and JR refused - Set LR applied

Post by ashak » Sun Oct 01, 2017 9:56 pm

Thanks for the light of hope .. HO is keeping my SET LR application from July 2016 till date .. they ve asked me few docs in Feb17 .. I am hoping something good .. could you PM me his solicitor as it may be helpful for me..

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CR001
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Re: Tier 1 G ext, appeal and JR refused - Set LR applied

Post by CR001 » Mon Oct 02, 2017 8:04 am

ashak wrote:
Sun Oct 01, 2017 9:56 pm
Thanks for the light of hope .. HO is keeping my SET LR application from July 2016 till date .. they ve asked me few docs in Feb17 .. I am hoping something good .. could you PM me his solicitor as it may be helpful for me..
Neither of you have PM access.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

ashak
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Re: Tier 1 G ext, appeal and JR refused - Set LR applied

Post by ashak » Mon Oct 02, 2017 8:16 am

@CR001 Would you please help me to get the solicitor name from hussy7177 as it may be very helpful for me

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CR001
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Re: Tier 1 G ext, appeal and JR refused - Set LR applied

Post by CR001 » Mon Oct 02, 2017 8:46 am

ashak wrote:
Mon Oct 02, 2017 8:16 am
@CR001 Would you please help me to get the solicitor name from hussy7177 as it may be very helpful for me
Members are not permitted to post such details on the public forum and not sure how you believe a moderator can get the information for you. We are also not permitted to give out such information.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

hussy7177
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Re: Tier 1 G ext, appeal and JR refused - Set LR applied

Post by hussy7177 » Mon Oct 02, 2017 9:48 pm

dear moderator,
can you kindly shed some light on my case as well regarding my upcoming appeal in december.
i would like to Ask the gurus if they can have a look my case and share some knowledge towards the successful outcome.
look forward to hear from the moderators

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CR001
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Re: Tier 1 G ext, appeal and JR refused - Set LR applied

Post by CR001 » Tue Oct 03, 2017 9:06 am

hussy7177 wrote:
Mon Oct 02, 2017 9:48 pm
dear moderator,
can you kindly shed some light on my case as well regarding my upcoming appeal in december.
i would like to Ask the gurus if they can have a look my case and share some knowledge towards the successful outcome.
look forward to hear from the moderators
Please do not post in other members topics to get attention for your own circumstances. Post in your own thread please.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

hussy7177
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Re: Tier 1 G ext, appeal and JR refused - Set LR applied

Post by hussy7177 » Tue Oct 03, 2017 12:41 pm

Hi cr00,
Unfortunately it’s other way around I started the thread and someone called ashak responded and then you two started the the convo and my original thread was high jacked.
If you can kindly rectify the issue or guide me for my own thread that will be great.
Thanks

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CR001
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Re: Tier 1 G ext, appeal and JR refused - Set LR applied

Post by CR001 » Tue Oct 03, 2017 1:10 pm

hussy7177 wrote:
Tue Oct 03, 2017 12:41 pm
Hi cr00,
Unfortunately it’s other way around I started the thread and someone called ashak responded and then you two started the the convo and my original thread was high jacked.
Oh nonsense. If you look at the first post, it is by user Ashak on Sunday evening. Here is your topic (click)
Char (CR001 not Casa)
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brent123
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Re: Tier 1 G ext, appeal and JR refused - Set LR applied

Post by brent123 » Wed Oct 04, 2017 10:42 am

CR001 wrote:
Sun Oct 01, 2017 7:28 pm
ILR rules page 5 states that overstay will be disregarded if ILR application in placed within 14 days
Provide the link for this.

The point is your section 3C protection under the immigration rules ended when the UTT refused your application and you then automatically became an overstayer from the date your last visa expired.
If the T1G visa expires before or during AR, and after AR and JR negative results, when will the 14 days start to count? Is it from the day when JR result is out? Or from the day the visa expires? when JR negative result is out, it will automatically make it as overstayer from the day visa expires?

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CR001
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Re: Tier 1 G ext, appeal and JR refused - Set LR applied

Post by CR001 » Wed Oct 04, 2017 10:50 am

brent123 wrote:
Wed Oct 04, 2017 10:42 am
CR001 wrote:
Sun Oct 01, 2017 7:28 pm
ILR rules page 5 states that overstay will be disregarded if ILR application in placed within 14 days
Provide the link for this.

The point is your section 3C protection under the immigration rules ended when the UTT refused your application and you then automatically became an overstayer from the date your last visa expired.
If the T1G visa expires before or during AR, and after AR and JR negative results, when will the 14 days start to count? Is it from the day when JR result is out? Or from the day the visa expires? when JR negative result is out, it will automatically make it as overstayer from the day visa expires?
You should, ideally, start your own topic or continue in one you already have rather than tag onto another members thread, which is not only unfair to the OP, but creates confusion when members respond.

JR is a process outside of the immigration rules. If your AR is refused, you are are an overstayer from the date your visa expired. You have 14 days to SUBMIT another application. You would need JR to be successful in your favour for the period of overtay to be disregarded. If JR is refused, you are then an overstayer from the date after your visa expired.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

hussy7177
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Re: Tier 1 G ext, appeal and JR refused - Set LR applied

Post by hussy7177 » Wed Oct 04, 2017 10:06 pm

hi moderators
I am really confused about the thread i started and i can not find my own thread and neither am i getting response, can you kindly talk to me through how to get a response.
much thanks

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CR001
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Re: Tier 1 G ext, appeal and JR refused - Set LR applied

Post by CR001 » Thu Oct 05, 2017 10:05 am

hussy7177 wrote:
Wed Oct 04, 2017 10:06 pm
hi moderators
I am really confused about the thread i started and i can not find my own thread and neither am i getting response, can you kindly talk to me through how to get a response.
much thanks
CR001 wrote:
Tue Oct 03, 2017 1:10 pm
Here is your topic (click)
Char (CR001 not Casa)
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Abiii786
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Re: ILR 10 year Long residence route

Post by Abiii786 » Fri Oct 06, 2017 9:19 am

Hi ashak ,

I am also in the same kind of situation, can you let me know what happened to you case till now so we can discuss the case in more detail. Thanks

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Re: ILR 10 year Long residence route

Post by CR001 » Fri Oct 06, 2017 9:43 am

Abiii786 wrote:
Fri Oct 06, 2017 9:19 am
Hi ashak ,

I am also in the same kind of situation, can you let me know what happened to you case till now so we can discuss the case in more detail. Thanks
User 'ashak' latest topic in the link below. Please refrain from digging up older topics.

indefinite-leave-to-remain/tier-1-g-ext ... l#p1542814
Char (CR001 not Casa)
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ashak
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T1G to ILR(LR) Previous deception Refused

Post by ashak » Wed Feb 28, 2018 10:33 pm

Hi All,

My ILR is refused after 20 months of wait. Nothing has changed they out the same allegation of deception and ignored all of my taxes and provided evidences(LUK Certificate, P45, Payslips, HMRC Letter, HMCTS, Notices, Bank Statements, P60). Previously I was given 322(2) and now this time 322(5) and 322(1C) is added. I am given a right of appeal as well.

Gurus please help me to get out of this situation as my employment was genuine but I am unable to prove so far as I am never given a chance to go to court to explain.

See my history below:

1- T1-G ext - 2014
2- Refused - Reason: Company which I worked in 2010 never traded and the employment is non geniune (322(2) discreetion)
3- Appealed - FTT - Refused - I provided payslips, P45A stamped by HMRC, Tax doc from HMRC showing income from the same company period 2010-11, evidence of underpaid tax for the same company
4- Appealed - UTT - Refused - without any hearing nothing discussed as FTT decision stand
5- Appealed - JR - Refused - without any hearing nothing discussed as FTT decision stand
6- Application- SET(LR) posted on July 2016
7- BioMetric - Wife's after few weeks, mine not done as the payment could not be taken as balance went low
8-Biometric - My biometric was taken in Oct 16 after the clear payment
9- UKVI - Sent me a letter of complexity in Dec 2016 and gave me a decision date of June 17
10- UKVI - Contacted to provide evidence of my wife or any baby living with me
Last edited by vinny on Wed Feb 28, 2018 10:46 pm, edited 1 time in total.
Reason: Link added

vinny
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Re: Tier 1 G ext, appeal and JR refused - Set LR applied

Post by vinny » Wed Feb 28, 2018 10:43 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Re: Tier 1 G ext, appeal and JR refused - Set LR applied

Post by vinny » Wed Feb 28, 2018 10:59 pm

You went to court a few times already.
If you have a right of appeal, then appeal. Then you have another chance to go to court and explain.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ashak
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Re: Tier 1 G ext, appeal and JR refused - Set LR applied

Post by ashak » Wed Feb 28, 2018 11:05 pm

My first tier tribunal was a written appeal which was a mistake as my solicitor mislead me.. then on UTT they did not let me come in the court and refused straight away and the same thing happen in JR.. this time may be the first time when I may speak to them directly..

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