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Enquiring about Comming back to UK

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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Arvind Thamilselvan
Newly Registered
Posts: 1
Joined: Thu Jun 08, 2023 10:48 am
India

Enquiring about Comming back to UK

Post by Arvind Thamilselvan » Thu Jun 08, 2023 11:11 am

I was in uk for 8 yrs and was in Tier 1 General Visa for 5 years and tried to apply for PR. But it got rejected under 322(5) stating that i was dishonest. and genuine Tax Error. It was in 2016 May. Its been nearly 7 years. I am planning to go to UK on a Tier2 visa or a Tier2 Dependant Visa. Will my previous visa rejection affects me to enter in to the UK???? I was really worried about this concern.. Experts please guide me. It means a lot to me. I am from India

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Casa
Moderator
Posts: 25651
Joined: Wed Jul 23, 2008 2:32 pm

Re: Enquiring about Comming back to UK

Post by Casa » Thu Jun 08, 2023 1:25 pm

Arvind Thamilselvan wrote:
Thu Jun 08, 2023 11:11 am
I was in uk for 8 yrs and was in Tier 1 General Visa for 5 years and tried to apply for PR. But it got rejected under 322(5) stating that i was dishonest. and genuine Tax Error. It was in 2016 May. Its been nearly 7 years. I am planning to go to UK on a Tier2 visa or a Tier2 Dependant Visa. Will my previous visa rejection affects me to enter in to the UK???? I was really worried about this concern.. Experts please guide me. It means a lot to me. I am from India
The Tier 1 General visa category was closed due to the high number of ILR applicants misrepresenting their true earnings to the UKVI & HMRC.
When your ILR application was refused under 332(5) of the Immigration Rules, did you ask for a Judicial Review?
Rule 332(5) excluded the right to a Court appeal, but didn't exclude a JR. See full guidance in the link posted below:

https://www.gov.uk/government/publicati ... 20the%20UK.

As it stands, under Paragraph 9.7.3.of Part 9 of the Immigration Rules you may well be subject to a 10 year ban on re-entering the UK.
See the link to a case study of a failed appeal in the High Court below:
http://www.bailii.org/ew/cases/EWCA/Civ/2019/673.html
(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.

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Frontier Mole
Respected Guru
Posts: 4216
Joined: Mon May 05, 2008 11:03 pm

Re: Enquiring about Comming back to UK

Post by Frontier Mole » Fri Jun 09, 2023 9:34 pm

I would suggest that you are still under a 10 year ban and even after that period of time is would still be unlikely you would be granted leave.

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