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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.

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ashak
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ILR Appeals - Help

Post by ashak » Sun Dec 16, 2018 5:58 pm

Hi All,

My ILR was refused in Feb 2018 and still waiting for my hearing in few months.

I need help to find out what applications I can make afterwards if all of my appeals exhausts? I have boy which is about 4 year old now and to apply for his 7 years case I still have 3 years. I want to be in the loop as I don't want HO knock my door to detain.

I have a long immigration history as everyone has here.
1- 2006 SEP - Entered UK as a student with few extensions till 2010
2- 2011 - Tier 1 General - refused then granted in 2012
3- 2014 - Tier 1 General extension - refused with a deception in 2015
4- 2016 May JR was refused
5- 2016 June Submitted ILR application
6- 2018 Feb - Refusal received on the basis of previous 2015
7- 2019 - hearing in 1st tier tribunal

Please guide me to write direction as I dont want to live as an illleagal.

Regards
Ashak

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

Post by CR001 » Sun Dec 16, 2018 9:23 pm

vinny wrote:
Wed Feb 28, 2018 10:43 pm
Posts merged.
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.

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gbptier1general
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Re: Tier 1 G ext, appeal and JR refused - Set LR applied

Post by gbptier1general » Wed Feb 27, 2019 7:24 pm

CR001 wrote:
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.
Hi CR001,
Thanks.Could u pls HINT,
so if Applicant successfully submits Fresh /any new Application within 14Days of AR-Refusal Letter Dated/Letter received by Applicant then ,it is NOT breaking Sec-3C or confirms NOT over stayer?
Pls respond ASAP,when ever I ask a question u r always NOT responding/giving Negative comments than providing an Answer which u know but hiding!!!
Pls help atlest this time!!! :oops:
Believe In Reality

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Casa
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Re: ILR Appeals - Help

Post by Casa » Wed Feb 27, 2019 7:34 pm

No one (including Moderators) are compelled to respond to every question on the forum :idea:

The previous deception doesn't simply disappear and an ILR application under long residence is likely to be refused for the same reason.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

ashak
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Posts: 35
Joined: Thu May 21, 2015 2:21 pm

Tier 1 G Deception - ILR now

Post by ashak » Wed Jan 22, 2020 12:07 pm

Hi Gurus,

After a long time fighting with HO finally I have got my ILR. See my history below:

Main Refusal: The earnings not geniune as the employer never traded.

2006 September Arrival with Student Visa from Pakistan
2010 Applied Tier1 General
2011 Refused with tax issue with appeal rights
2011 Won appeal as the tax document provided in court
2014 Wife arrive in UK from Pakistan
2014 Tier 1 General extension applied
2015 Extension refused with 322(1A) 322(2) Deception on earnings
2016 March all appeals exhausted
2016 JR was launch and denied in July for permission
2016 Overstayer from July as 10 years complete in September and 3C broke
2016 Application posted to HO for 10 years route with my wife
2018 Febuarary application was refused with 322(5) but with appeal right but not for wife
2018 JR for wife and requested for appeal rights and it was granted
2018 FTT appeal in court, HO no present and judge did not decide the case and adjourned
2019 March hearing .. hot discussion on tax docs and with new evidence of SAR report shows employer was trading. Judge advised the barrister to create questions for HMRC to answer to prove that the employer was not trading
2019 July hearing was adjourned before hand as questions were not ready
2019 Nov hearing was adjourned as HO cannot get answers from HMRC
2020 January HO withdrawn the decision of 2016 ILR application and granted me ILR and my wife 30 Month Leave to Remain

My Questions:
I have my BRP with me. Can I apply for passport now ?
What is the best and quickest route to get my wife's ILR ?

Thank you in advance.

Please ask questions if you have any.

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CR001
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Re: Tier 1 G Deception - ILR now

Post by CR001 » Wed Jan 22, 2020 12:17 pm

I have my BRP with me. Can I apply for passport now ?
Presumably your ILR has not been back dated to 2016 and is a current date. If so, you have to hold ILR for the full 12 months before you can apply to naturalise as British (passport is a separate process once you are British).
What is the best and quickest route to get my wife's ILR ?
Under what rule was your spouse granted leave to remain?? The letter will state what path she is on.
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.

ashak
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Posts: 35
Joined: Thu May 21, 2015 2:21 pm

Re: Tier 1 G Deception - ILR now

Post by ashak » Wed Jan 22, 2020 12:27 pm

CR001 wrote:
Wed Jan 22, 2020 12:17 pm
I have my BRP with me. Can I apply for passport now ?
Presumably your ILR has not been back dated to 2016 and is a current date. If so, you have to hold ILR for the full 12 months before you can apply to naturalise as British (passport is a separate process once you are British).
What is the best and quickest route to get my wife's ILR ?
Under what rule was your spouse granted leave to remain?? The letter will state what path she is on.
+ I spoke to few people and they said you can apply for passport as your application took more than a year to decide so I don't need to wait another 12 months
+ my wife application was FLR(FP) - the biometric do not say discretionary leave it just say leave to remain

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CR001
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Re: Tier 1 G Deception - ILR now

Post by CR001 » Wed Jan 22, 2020 12:31 pm

+ I spoke to few people and they said you can apply for passport as your application took more than a year to decide so I don't need to wait another 12 months
That applies to an ILR application that was pending outcome for that long. Not when you have been refused and been through the refusal and appeal process.
+ my wife application was FLR(FP) - the biometric do not say discretionary leave it just say leave to remain
The LETTER would state under what rule she has been granted leave. Not the BRP card. She is likely on the 10 year route and would need 10 years before applying for ILR or 10 years LEGAL stay, which doesn't appear to be the case for as she has a period of overstaying.
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.

ashak
Newbie
Posts: 35
Joined: Thu May 21, 2015 2:21 pm

Re: Tier 1 G Deception - ILR now

Post by ashak » Fri Jan 24, 2020 10:52 am

Thanks for the clarification.
I have another question:
Can I or should I request for a compensation for the time and stress from 2015 till date as they cannot prove my dishonesty.
As per the judge in 2019 we need to generate questions asked to HMRC if that prove that the company was not trading or the tax was not paid. We provided them the list of questions but they never answered it instead they granted ILR.
They were making excuses and delaying the case and finally they withdrawn without answering the questions.

Regards

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