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ILR refused and Limited Leave to remain granted

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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abuomar
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ILR refused and Limited Leave to remain granted

Post by abuomar » Tue Dec 31, 2019 11:21 am

Hi everyone

My ILR (10 year long residency) was refused and I was granted a limited leave to remain (for 30 months). The reason it was refused because HO thinks I failed to meet the requirement of Paragraph 276B (ii) and (iii) with reference to Paragraph 322(5) of the immigration rules.

In simple words it was refused because the HMRC record of Tax for previous year was not matching with the income declared to HO. And they think that I failed to declare the full earning to HMRC or by falsely represented my earning to HO. But I did my tax amendments before I submitted the ILR application.

Now me and my wife granted limited leave to remain for 30 months. Because our daughter born in the UK and she is over 7 years old. We were not given the right of appeal.

Can someone please guide me what I needs to do next?
1. What is limited leave to remain? Which category I am in?
2. Is there any alternative or recent decision from High Court which could reverse HO decision? Can I challenge them?
3.How many times I need to extension in Limited leave to remain? When can I get my ILR now?
4.We are not entitled for any public fund, not even child benefit. is there any way we could claim or challenge?
5. Is there any alternative route? What to do next?

Thank you

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CR001
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Re: ILR refused and Limited Leave to remain granted

Post by CR001 » Tue Dec 31, 2019 11:35 am

Useful to state what your full UK immigration history is?

Presumably you held a tier 1 general visa at some point, which is the specific visa category that had the refusals due to tax amendments and misdeclaring income and declaring different income to HO to meet the visa requirements and then declaring much less income to HMRC to pay less tax.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

abuomar
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Re: ILR refused and Limited Leave to remain granted

Post by abuomar » Mon Jan 06, 2020 3:11 pm

Hi
Thank you for reply. Yes my brief immigration history: I was on Tier 1 General Visa. Done some tax amendments, applied for ILR. Questionnaire sent by HO. Relied to HO. Mean while completed living 10 years in the UK and switched the application to 10 years LR. Then refusal of the VISA after one year of waiting. Rest of the details mentioned in earlier post.

Can you answer my questions please:

1. What is limited leave to remain? Which category I am in?
2. Is there any alternative or recent decision from High Court which could reverse HO decision? Can I challenge them?
3.How many times I need to extension in Limited leave to remain? When can I get my ILR now?
4.We are not entitled for any public fund, not even child benefit. is there any way we could claim or challenge?
5. Is there any alternative route? What to do next?

Thank you

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zimba
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Re: ILR refused and Limited Leave to remain granted

Post by zimba » Mon Jan 06, 2020 5:02 pm

Possible you are under the 10 year route. You cannot get public funds. You may pursue JR against the decision
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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