Judicial Review Success - 322(2) & 322(5)

vsk wrote:Hi Ouflak1,

Do you know any approved case with tax amendments ?
I have amended my 10/11 returns in May 2016 and due to apply ILR. Bit worried on refusals based on 'retrospective' tax returns.

KiranAgam wrote:Dear Admins and members,
I have received private message in response to my request to AML, but I am not able to access my messages.

I get the message, you are not authorised to read private messages. Please can you help and allow me to read my private messages. It is very important. I really thank you in advance.

Thank you

AML2015 wrote:By the grace of Allah (SWT) and the waseela of Panjetan Pak (RA), I have been granted Indefinite Leave to Remain based on T1 General 5 year route. The journey has been difficult and tiresome with no right to work for 4 months, but its been a steep learning curve with an opportunity to meet some selfless people who have been my pillar of strength and without whose help this success would have been tasteless. I would like to thank those people who I met on this forum and for their help whether in material or prayers, and I will pray for your success in return, InshAllah.

The details about my refusal and reasons are mentioned in my previous post and explicitly explains my situation with regards to my Self Assessment history. I would be highly obliged if you could read through my previous post prior to asking me any questions related to my personal tax affairs/amendments in regards to my ILR application/case. Nevertheless, I will be more than happy to help in my capacity and answer all your questions if not covered within my case summary below which I believe is quite comprehensive.

The link to my case and history is as per the link,

http://www.immigrationboards.com/indefi ... 03107.html

Acronyms used within the brief below,

PEO - Premium Enquiry Office
AR - Administrative Review
PAP - Pre-Action Protocol
JR - Judicial Review
AOS - Acknowledgment of Services
CO - Consent Order
GLD - Government Legal Department
HO - Home Office
UTT - Upper Tier Tribunal
BRP - Biometric Residence Permit
ILR - Indefinite Leave to Remain
CW - Caseworker
SA - Self Assessment


ILR Timeline as detailed below,

1. Initial Application - 13 February 2016 - Solihull PEO

Grounds of Refusal - 322(2) / 322(5) / 245CD (b) (e) (g) / Paragraph 19 (i) & (j)

- Refused on the Day
- No questions asked or interview conducted by CW
- Self Assessment Questionaire given to be filled in by CW
- Answered 'NO' to question no 9 on SA questionaire
- T1 G visa was valid until 04 March 2016

2. AR Submission - 26 February 2016

- Grounds prepared by Solicitor

3. AR Refusal - 13 May 2016

- AR result post 77 days from date of submission
- Section 3C ended post 13 May 2016

4. PAP Submission - 27 May 2016

- Grounds prepared by Barrister/Solicitor
- Change of solicitor from the PAP stage onwards

5. PAP Refusal - 10 June 2016

6. JR Submission - 04 July 2016

- Grounds prepared by myself, legal references added by Barrister/Solicitor

7. AOS/CO Submission by GLD - 17 August 2016 (last day of 6 week deadline for GLD to submit AOS)

- Asking me to withdraw the JR
- Agreeing to reconsideration of my application within 3 months from the date of CO
- Agreeing to pay all the legal cost (Legal cost begin from PAP stage)

8. AOS/CO received by Solicitor - 27 August 2016

9. Revised/Negotiated CO sent to GLD by my solicitor - 31 August 2016

- Did not agree to GLD CO as per the terms mentioned in point 7 above
- Negotiated the CO as below
- Agree to withdraw the original decision dated 13 Feb 2016
- Reinstate Section 3C & work rights from the date of signed CO
- Agree to reconsider ILR application based on full merit within 3 months from the signed CO (08 Dec 2016)
- Agree to pay all legal costs (cost incurred for PAP + JR)

10. Negotiated CO signed by GLD/HO - 06 September 2016

11. CO approved by UTT - 08 September 2016

- Section 3C and Right to Work Reinstated effective 08 Sep 2016
- 3 months duration for reconsideration of ILR application deadline 08 December 2016
- ECS check conducted on 09 Sep 2016 - Positive Verification Received on 12 Sep 2016

12. 3 months deadline as per CO - 08 December 2016 (3 months from 08 Sep 2016)

13. ILR Approved as per the letter received from Sheffiled CaseworkTeam2 - 23 September 2016

14. ILR Approval Letter Received by Solicitor - 26 September 2016

15. Awaiting BRP from HO

Hope this helps everyone in their journey towards ILR and I pray for your success. Happy to answer all your questions.

JazakAllah

KiranAgam wrote:Hello everyone,
We applied AR, it was refused as well this week. Changed solicitor today. He will make a new application for us based on 10 years LR.
For me and my husband separately. For helping out who don't know things which we did not know.
1.My husband was dependant on me there we did not know if he can apply for LR application. But this solicitor said he can apply independently for ILR on the basis of LR.
2. Secondly we did not know if after refusal I can apply through this route. But the solicitor has confirmed after refusal of AR within 28 days I can apply. But earlier the better. We will apply within 14 days.
Hope these things help other people. As we did not know this information.
He recommended to go for new application rather than JR as we will lose right to work in that case. With this application we will retain our right to work.

For kids he said not to worry. I panicked and applied for them but I we did not needed to apply for kids.
I hope it helps.