Post
by muhammadaqib » Sat Aug 20, 2022 5:43 pm
hi CR001 it states
General Grounds for Refusal
In addition to the consideration in Parts 2-8 of the Immigration Rules, Paragraph 322 sets out the grounds on which applications should normally be refused.
Paragraph 322(5) states:
Grounds on which leave to remain and variation of leave to enter or remain in the united kingdom should normally be refused 322(5) the undesirability of permitting the person concerned to remain in the UK in the light of his conduct(including convictions that do not fall within paragraph 322(1C), character or associations, or the fact that he represents a threat to national security.
The Secretary of State considers that it would be undesirable for you to remain in the United Kingdom in light of your character and conduct. She is satisfied that you have misrepresented your earnings at various times and from time to time have changed what you have represented in respect of your earnings to HM Revenue & Customs and/or UK Visas & Immigration for the purpose of reducing your tax liability or for the purpose of obtaining leave to remain or both.
As your application falls for refusal under the General Grounds for Refusal paragraph 322(5) in respect of your character and conduct, you, therefore, do not meet the Long residency requirements of paragraphs 276B(ii) and 276B(iii).
Refusal of Indefinite Leave
For the reasons outlined above, your application for indefinite leave to remain on the grounds of long residence is refused as you have failed to meet the requirements of the Immigration Rules under Paragraph 276D with reference to Paragraph 276B(ii) and (iii) and with reference to the General Grounds for Refusal Paragraph 322(5) of HC395 (as amended).
Your claim has been considered on the basis of your family and private life in the United Kingdom under Appendix FM and paragraphs 276ADE(1)- CE of the Immigration Rules, and outside the Rules on the basis of exceptional circumstances.
In accordance where relevant with paragraph A277C of the Immigration Rules, we have considered your application against paragraphs R-LTRP.1.1.(a), (b) and (d) of Appendix FM and paragraph 276ADE(1) of the Immigration Rules.
Suitability
For the reasons given above, your application falls for refusal on grounds of suitability in Section S-LTR under paragraph 276ADE(1)(i) of the Immigration Rules because it is not accepted that you meet the requirements of paragraph 276ADE(1)(i) in respect of your suitability and not falling for refusal under section S-LTR 1.2 to S-LTR 2.3. and S- LTR.3.1. to S-LTR.4.4 of Appendix FM.
S-LTR.1.6. The presence of the applicant in the UK is not conducive to the public good because their conduct (including convictions that do not fall within paragraphs S- LTR.1.3. to 1.5.), character, associations, or other reasons, make it undesirable to allow them to remain in the UK.
Immigration Rules.
You are over the age of 18. Consequently, you fail to meet the requirements of paragraph 276ADE(1)(iv) of the Immigration Rules.
You are not aged between 18 and under 25 years. Consequently, you fail to meet the requirements of paragraph 276ADE(1)(v) of the Immigration Rules.
In order to meet the requirements of paragraph 276ADE(1)(vi), an applicant must show that they are aged 18 or above and that there would be very significant obstacles to their integration into the country to which they would have to go if required to leave the UK. It is not accepted that there would be very significant obstacles to your integration into Pakistan if you were required to leave the UK because you have spent the majority of your life living in Pakistan including your formative years. In view of this, it is considered you would have knowledge and understanding of the languages, customs, and cultures which exist there. Furthermore, it is noted that you have returned to Pakistan on several occasions since your initial arrival and that your parents reside there. It is therefore evident that you continue to have ties to your country of nationality. Moreover, it is open to you to maintain ties with friends in the UK via modern means of communication.
Consequently, you fail to meet the requirements of paragraph 276ADE(1)(vi) of the Immigration Rules
