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Complicated case. Advise for PAP

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Alan71
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Posts: 1
Joined: Tue May 19, 2020 12:33 pm
Malaysia

Complicated case. Advise for PAP

Post by Alan71 » Tue May 19, 2020 12:45 pm

Hi,

Firstly, sorry for the long post but its relevant.

My immigration history;

First arrived to the UK with Tier 4 visa valid from - 17 September 2007 until 31 January 2009.

Applied by post for leave to remain under Tier 1 (Post Study) Migrant.
Granted leave from 06 January 2009 to 06 January 2011.

Applied by post for leave to remain under Tier 1 (General) Migrant visa on 11 December 2010.
Granted leave to remain from 27 January 2011 to 27 January 2013.

Applied by post for 2nd extension Tier 1 (General) Migrant visa on 29 December 2012.
Granted leave to remain from 10 April 2013 to 10 April 2016.

Applied for Indefinite Leave to Remain on 23 February 2016 via day premium service.
Case complicated due to tax discrepancies on LTD company accounts submitted.

Refused on 25 February 2016 based on Paragraph 322 (5).
Reapplied by post on 17th March 2016 since I still had leave to remain until 10 April 2016.

Meantime, my accountant sent the letter to the HMRC with an amended self-assessment tax return information on 19 March 2016. In August 2016, the HMRC asked me for payment of backdated taxes. Paid full amount of £5736.03 of taxes and interest. No penalty payments.

Application was refused on 9 October 2017. Applied for Administrative Review on 24 October 2017 and the refusal was upheld.
Meantime, I applied for in time Indefinite Leave to Remain (LTR) 10 year route basis on 15 November 2017 by post which is pending decision.

Over close to 30 months, I have been requested repeatedly by the HO to provide details on previous accounts discrepancies
explanation and mental health reports (every 6 month) even though it was submitted.

In November 2019, I received a letter stating that the HO are considering to refuse my application but would like to give me a chance to explain why should I be allowed to stay in the country and if there were any special grounds to grant you the visa. As I had a nearly fatal accident in August, I had to request for an extension so I could go to my solicitor and discuss this. A detailed letter was sent to them by my solicitor in January 2020 citing private life reasons, age, loss of connection/ no family support with country of origin.

On 27th January 2020, I received another letter from HO stating that my first application that I made based on my Tier 1 ILR is still open for reconsideration and I also have another application based on 10 year ILR route. Ho asked me which application should they take into consideration as I cannot have two applications and the first application can be considered under the “cohort of similar cases.”

My solicitor suggested to stick to the 10 year route basis as it gives me Article 8 and Human Rights to fight on.

Recently, when I tried to get my local MP to chase the application up, HO replied that my case is very complicated and the relevant department is looking into it and will get back in due to course. In November 2019, they were ready to refuse my application and now nearly 6 months down the line, they are still unable to make the decision.

I have been legally residing in the country with full employment history professionally) for nearly 13 years with no criminal records. Limited company is still operating for consulting purposes.

Extremely frustrated by HO delaying tactics. So deciding to do a PAP. If decision is refusal, what are the changes of In-country appeal? And the changes over all of getting granted ILR?

Any advise would be appreciated.

Thank you.

Alan

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zimba
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Posts: 20160
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
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Re: Complicated case. Advise for PAP

Post by zimba » Tue May 19, 2020 3:35 pm

Based on what you described you seem to be an overstayer since 2017. Your SET(LR) application has no merits in that case as you do not have 10 years of continuous lawful residence in the UK. Even if you had 10 years, it still would be refused as huge tax discrepancy suggests that your Tier 1 extension was acquired via deception, preventing you from getting ILR. I am not sure what human rights claims you have. The chance of getting ILR in your case is slim
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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