Tier1 General ILR Refused due to 322(5) and Waiting for AR

teeshabeesha · Post by **teeshabeesha** » Mon Mar 25, 2019 11:24 pm

Dear Members

I am silent reader of this forum since very long time and must say that this the advise and guidance provided here is no word of lie is awesome and very straight forward.

can some one please advise as my Tier 1 general was refused due to tax amendments and administrative review was filed in first week of January 2019 and still waiting for the decision

1)whilst waiting for the decision my ECS check came negative and my contract was terminated from my employer what action do i need to take now is my 3c leave broken even AR decision is pending? if not can my solicitor will have to contact with home office?and get my working rights back?
2)If AR decision will refused what will be my chances to get at least 6 months stay in this country without breaking my continuity which will mature my 10 years so I can apply ILR on long residency?
3)whilst waiting for my AR decision can I switch to FLR (FP) { because my daughter came with me in november 2009 as 8 months old child and spend 10 months in back home from Jan 2012 till Oct 2012? and one daughter was born in UK in Oct 2014?} so that my continuity will not break for ILR on long residency and once this is mature I will switch to this category?

please advise which will be much appreciated.......

Post by **zimba** » Tue Mar 26, 2019 1:18 am

1)whilst waiting for the decision my ECS check came negative and my contract was terminated from my employer what action do i need to take now is my 3c leave broken even AR decision is pending? if not can my solicitor will have to contact with home office?and get my working rights back?

Was your ILR application made in-time ?? As far as I know, Tier 1G ILR route was closed in April 2018. When did you apply ?

2)If AR decision will refused what will be my chances to get at least 6 months stay in this country without breaking my continuity which will mature my 10 years so I can apply ILR on long residency?

No. Assuming you have section 3C, your section 3C will come to an end after AR refusal and you become an overstayer.

3)whilst waiting for my AR decision can I switch to FLR (FP) { because my daughter came with me in november 2009 as 8 months old child and spend 10 months in back home from Jan 2012 till Oct 2012? and one daughter was born in UK in Oct 2014?} so that my continuity will not break for ILR on long residency and once this is mature I will switch to this category?

Assuming you apply for FLR(FP) within 14 days of AR refusal and you are then granted visa, you can apply for long residence in theory. However you must be aware that the tax issues will lead to refusal under long residence too.

teeshabeesha · Post by **teeshabeesha** » Tue Mar 26, 2019 6:17 am

Zimba wrote: ↑
Tue Mar 26, 2019 1:18 am

1)whilst waiting for the decision my ECS check came negative and my contract was terminated from my employer what action do i need to take now is my 3c leave broken even AR decision is pending? if not can my solicitor will have to contact with home office?and get my working rights back?
Was your ILR application made in-time ?? As far as I know, Tier 1G ILR route was closed in April 2018. When did you apply ?

Yes It was on time I made an ILR application in Dec 2016 and get my refusal Dec 2018 and submit AR in Jan 2019

2)If AR decision will refused what will be my chances to get at least 6 months stay in this country without breaking my continuity which will mature my 10 years so I can apply ILR on long residency?
No. Assuming you have section 3C, your section 3C will come to an end after AR refusal and you become an overstayer.

Can I prevent my 3c leave just to file FLR FP now whilst waiting AR decision?

3)whilst waiting for my AR decision can I switch to FLR (FP) { because my daughter came with me in november 2009 as 8 months old child and spend 10 months in back home from Jan 2012 till Oct 2012? and one daughter was born in UK in Oct 2014?} so that my continuity will not break for ILR on long residency and once this is mature I will switch to this category?
Assuming you apply for FLR(FP) within 14 days of AR refusal and you are then granted visa, you can apply for long residence in theory. However you must be aware that the tax issues will lead to refusal under long residence too.

Post by **zimba** » Tue Mar 26, 2019 4:38 pm

Section 3C will also end if you put in a new application.

ilrapplicant90210 · Post by **ilrapplicant90210** » Tue Mar 26, 2019 5:21 pm

Zimba wrote: ↑
Tue Mar 26, 2019 4:38 pm
Section 3C will also end if you put in a new application.

What happens if the applicant challenges the descision in Judicial Review and the refusal is later withdrawn by the Home Office by way of signing a Consent Order.

Is section 3C reinstated in that case Zimba ?

Post by **zimba** » Tue Mar 26, 2019 6:01 pm

If HO agrees to reconsider an in-time application which was refused while section 3C was engaged, then the section 3C is assumed to have never come to an end. So the act of reconsideration means the whole section 3C period continues until a fresh decision is made.

ilrapplicant90210 · Post by **ilrapplicant90210** » Tue Mar 26, 2019 6:41 pm

Zimba wrote: ↑
Tue Mar 26, 2019 6:01 pm
If HO agrees to reconsider an in-time application which was refused while section 3C was engaged, then the section 3C is assumed to have never come to an end. So the act of reconsideration means the whole section 3C period continues until a fresh decision is made.

Many thanks for your reply zimba. Unfortunately, the Home office have failed to understand this and have refused my Set lr application stating that I have been overstaying since the AR refusal of my set o application. That refusal has been withdrawn following a Consent Order. I have lodged an appeal and my barrister is positive he will be able to overturn this. What are your thoughts?

Post by **zimba** » Tue Mar 26, 2019 7:40 pm

[mention]ilrapplicant90210[/mention] Please start your own post for any discussions of your case

ilrapplicant90210 · Post by **ilrapplicant90210** » Tue Mar 26, 2019 9:30 pm

Apologies zimba .. and apologies teeshabeesha for hijacking your post.

teeshabeesha · Post by **teeshabeesha** » Wed Mar 27, 2019 9:22 am

Zimba wrote: ↑
Tue Mar 26, 2019 4:38 pm
Section 3C will also end if you put in a new application.

Thanks and much appreciated Zimba

Do you have any idea why ECS check has came negative even my AR is still pending?

Post by **zimba** » Wed Mar 27, 2019 1:57 pm

ECS notices will be valid for 6 months however as AR is not gonna take very long, UKVI may return negative notice as your section 3C will soon end

gbptier1general · Post by **gbptier1general** » Wed Apr 03, 2019 12:53 pm

Zimba wrote: ↑
Wed Mar 27, 2019 1:57 pm
ECS notices will be valid for 6 months however as AR is not gonna take very long, UKVI may return negative notice as your section 3C will soon end

Hi Zimba,
Great thanks for all above inputs.
So, is this NOT outrageous w. r. t HO deceiving Applicants legal rights to work, it is expected to give work Rights till Refusal Decision been received by Applicant.
Till End of Sec-3C, Applicant is entitled to work by HO-Immigration Laws.
How can a Self-Governing ,Law-Governing responsible Organization commit-such mistakes &play with Millions of LIVES by NOT free service but by charging very huge Application £3000 FEES???....!

Also how can "teeshabeesha " can be refused & there needs to be additional un-necessary turmoil to such applicants to go-through all stages of PAP/PIP,JR-,court visits Barrister Fees & finally WIN over HO for NO mistakes from Applicants&NO-Compensation being payed to Applicants from HO after HO loosing the cases!!!
Why PEOPLE are NOT asking for all of this & HO just gives &accepts it's mistakes & NEVER fined &penalized for its ACTS/convictions of outrages/False/Deceitful/Dis-Honest decisions!
HO-is loosing 72% of it's refusal cases by statistics till DATE which are being turned over in COURTS.

NOT every applicant is prepared to visit courts &waste 12-36 Months of LIFE for silly 6-29 Months of HO visa.Many have just Left UK because they can NOT afford to waste that 29 Months of JR-Life moving around courts like DOGS with NO Income/work Rights& Barrister Fees?
If every Applicant is Given Rights to Appeal in UK,with NO Fee service& Govt-Payed Barristers ,it would increase to 90-95% of HO Refusals will be over-TURNED in the courts.
It is common sense that ""teeshabeesha "" has to be given his ILR lawfully.Why does this case needs a BARRISTER for such a straight forward CRIME from HO.And HO NEVER pays for All the costs incurred by Applicant during the process of JR/Case dealings in courts?
Is BBC dead?
Can someone/BBC give some LIGHT on this.

gbptier1general · Post by **gbptier1general** » Wed Apr 03, 2019 1:46 pm

Zimba wrote: ↑
Wed Mar 27, 2019 1:57 pm
ECS notices will be valid for 6 months however as AR is not gonna take very long, UKVI may return negative notice as your section 3C will soon end

Hi Zimba,
Thanks for Update.
There are many 100+ scenarios/cases where HO took nearly 1+Yr 4-Months/9-Months.
There are some cases HO took 2+Yrs too.
So, this does NOT corroborate to the fact that AR-takes NOT more than 6-Months.There are always Exceptions to practical Life cases inspite of each Law contradicting others.

"It is recommended that both Employer&Applicant via Solicitor contact HO-with Letter of Request to get ECS corrected w.r.t date of END of 3C Applicable exceptionally."
All,pls advise ur view points/possible solutions for WRONG/False ECS Letters from HO.
Looks HO having 90%+ conspiracy cases than Genuine refusals.

Post by **zimba** » Wed Apr 03, 2019 4:06 pm

Regarding the Tier 1G cases: general-uk-immigration-forum/breaking-n ... 68646.html

Also AR does not take months or years. AR is generally concluded within 28 days. Your section 3C will not continue after AR refusal.

gbptier1general · Post by **gbptier1general** » Wed Apr 03, 2019 4:17 pm

Zimba wrote: ↑
Wed Apr 03, 2019 4:06 pm
Regarding the Tier 1G cases: general-uk-immigration-forum/breaking-n ... 68646.html

Also AR does not take months or years. AR is generally concluded within 28 days. Your section 3C will not continue after AR refusal.

Hi Zimba,
Great Thanks.
Can u pls HINT what is the Max Period HO can take to decide an with-IN UK application pls legally within the Immigration rules?

Your answer Months is already over ruled as this same Thread or other posts in this BOARD have even waited MORE THAN 4-Months too.
A)
Pls advise the Max Period HO can take to decide an with-IN UK application pls?
B)Pls advise the Max Period HO can take to decide an with-IN UK application legally, within the Immigration rules
C)Pls advise the Max Period HO can take to decide an with-IN UK application ,outside the Immigration rules?

Pls answer poitwise a, b c pls.Great Thanks.
Timely respose deeply appreciated.Thanks All.

gbptier1general · Post by **gbptier1general** » Wed Apr 03, 2019 4:27 pm

Zimba wrote: ↑
Wed Apr 03, 2019 4:06 pm
Regarding the Tier 1G cases: general-uk-immigration-forum/breaking-n ... 68646.html

Also AR does not take months or years. AR is generally concluded within 28 days. Your section 3C will not continue after AR refusal.

Hi All/Zimba,
Great Thanks.
Can u pls HINT what is the Max Period HO can take to decide an with-IN UK AR-application pls legally within the Immigration rules?

Your answer Months is already over ruled as this same Thread or other posts in this BOARD have even waited MORE THAN 4-Months too.
A)
Pls advise the Max Period HO can take to decide an with-IN UK AR-application pls?
B)Pls advise the Max Period HO can take to decide an with-IN UK AR-application legally, within the Immigration rules
C)Pls advise the Max Period HO can take to decide an with-IN UK AR-application ,outside the Immigration rules?

Pls answer poitwise a, b, c pls. Great Thanks.
Timely response deeply appreciated.Thanks All.

Post by **zimba** » Wed Apr 03, 2019 5:15 pm

There is no legal max period. HO can take as long as they want. AR generally concludes within 28 days that is the timeframe .

gbptier1general · Post by **gbptier1general** » Wed Apr 03, 2019 5:41 pm

Zimba wrote: ↑
Wed Apr 03, 2019 5:15 pm
There is no legal max period. HO can take as long as they want. AR generally concludes within 28 days that is the timeframe .

Hi,
Thanks a lot.

Hi teeshabeesha/ilrapplicant
Yes HO/UKVI only aims to solve by 28days. NOT a Max-LIMIT.Thy can take 5yrs/10yrs too ,no limit.
To simplify all this mess of waiting& posting,may be if they can give Inperson walk-In option to submit Applications/Docs/Reviews like sameday service(s) in this DIGITAL world,as HMRC is DIGITAL why NOT HO be DIGITAL? it would hav been simpler.
Usually if ECS goes +ive& gives 6Months additional workRights,but HO confident tht it would decide 6-Months before the date of AR-Application,thus ECS was sent-ive.
This is an indication that to applicant from HO that ,HO is possibly ready with a decision with-in 6-Months from AR-Application date.

But legally AR-Refusal date/3C-cancellation date which ever earliest is the last legal workingDay.
Atleast we can conclude this much.
All the BEST!

gbptier1general · Post by **gbptier1general** » Wed Apr 03, 2019 6:01 pm

teeshabeesha wrote: ↑
Mon Mar 25, 2019 11:24 pm
Dear Members

I am silent reader of this forum since very long time and must say that this the advise and guidance provided here is no word of lie is awesome and very straight forward.

can some one please advise as my Tier 1 general was refused due to tax amendments and administrative review was filed in first week of January 2019 and still waiting for the decision

1)whilst waiting for the decision my ECS check came negative and my contract was terminated from my employer what action do i need to take now is my 3c leave broken even AR decision is pending? if not can my solicitor will have to contact with home office?and get my working rights back?
2)If AR decision will refused what will be my chances to get at least 6 months stay in this country without breaking my continuity which will mature my 10 years so I can apply ILR on long residency?
3)whilst waiting for my AR decision can I switch to FLR (FP) { because my daughter came with me in november 2009 as 8 months old child and spend 10 months in back home from Jan 2012 till Oct 2012? and one daughter was born in UK in Oct 2014?} so that my continuity will not break for ILR on long residency and once this is mature I will switch to this category?

please advise which will be much appreciated.......

Hi,

Pls advise below so can giv some delightful points for ur shortage 6-Months?

-What is date of AR-Submission Date?
-Is ur AR still pending?
-What is main reason(s) HO refused ILR-5Yrs?....Like what Sections&Points?
-What points u mentiond to defend ur AR?

Looks ur FLR-FP may giv good chances to get 6-Months covered.But again FLR-FP/FM only givs 6-18/24-Months,again u had to pply for 10Yr-LR.So, u had to win ur case-Refusal for tax problems either way.
If r NOT confident of ur AR,then just follow agin FR-route again swim 5yrs OR start defending ur AR-win UK LR.

Thr r chances if u can share ur points above & u may drag till 6-months NOT an Impossible ask for a guy who crossed 5yrs here.

nouman8 · Post by **nouman8** » Wed Apr 03, 2019 10:34 pm

Hi I have received this letter after I had decision in my favour from FTT. What's does this means exactly.
" this is to acknowledge reciept on October 201_ of an application for permission to appeal to an Upper tribunal. You will be informed of the result in writing."

Please let me explain what will be the next step.
Thanks

Post by **zimba** » Thu Apr 04, 2019 12:36 am

nouman8 wrote: ↑
Wed Apr 03, 2019 10:34 pm
Hi I have received this letter after I had decision in my favour from FTT. What's does this means exactly.
" this is to acknowledge reciept on October 201_ of an application for permission to appeal to an Upper tribunal. You will be informed of the result in writing."

Please let me explain what will be the next step.
Thanks

Please do NOT tag your questions to this topic.

This post is not relevant to your case

teeshabeesha · Post by **teeshabeesha** » Fri Apr 26, 2019 9:47 am

Dear Zimba and others gurus

Yestarday I received all of my bundle ( documents without passports) and letter from Administrative Rewiew Team and on this letter they said we didn't received of AR on time now I have 14 days to leave the country.
Basically I received my Tier1 general refusal on 27 Dec but the letter was printed on 21 dec and they are saying your 14 days came to an end on 4 jan.

What should I do now can I contact them and informed that I received this decision on 27 dec and my 14 days come to an end on 10 jan and I filled my AR according to this time frame any suggestion / advice?

Regards

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Tier1 General ILR Refused due to 322(5) and Waiting for AR

Tier1 General ILR Refused due to 322(5) and Waiting for AR

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