Good Charactor Requirement - Immigration History - Please Help
Posted: Sun Mar 03, 2019 11:31 pm
Hi Everyone.
I will possibly get some immigration solicitor help but I also wanted to get your opinion on it and I would really appreciate your comments on this, as I have been googling around and this forum seems the most active on immigration matters.
I have been in the UK since 2003. I was student back in 2007 when I applied for variation of leave to HSMP using previous foreign income.
UKBA at the time, couldn’t verify my payslips with my previous foreign employer (previously Well known company but was in liquidation at the time verification was done) when they went to office & asked the office boy (runner) to provide employment records, who simply told them “He doesn’t know much as he is not the right person and that they should speak to one of the directors, he gave their contact details). My employer had registered my tax deducted at source later with the local revenue office (after the tax year) which was very common there to delay tax payments for employers. But based on two above, UKBA refused my HSMP application and accused me of using deception as they couldn’t verify the income with employer and revenue told them as my tax record was registered with them on the later dates than my payslips. Was a matter of common sense for UKBA but they refused my application.
I took the matter with my ex-employers directors and asked them to contact UKBA and get this sorted however it went back and forth emails exchanges between them, liquidator and UKBA. I still had leave to remain as student, so I later applied for extension for a PDH course in the same year (as my HSMP was gone into a mess). The visa was initially refused due to UKBA accusing me of using deception previously but it was later allowed, as appeal court accepted that HO checks were not appropriate and HO lawyer accepted this. My appeal was allowed, HO did not object it and I continued my PHD and Tier 1 Gen visa routes later. In 2014 I received ILR based on Long residency but when a year later I applied for British Citizenship, my application was refused based on Character requirements that I previously had used deception in the application and that any further application would be refused until September 2018 (Perhaps 10 years from the date my appeal was heard and student extension approved). I did not pursue it further via court or other means one, due to loss of my close family member and also due to avoiding wasting money and time in courts, as my understanding was that Citizenship requirements were different and regardless of UKBA records at that time, or courts remarks HO will apply this character test retrospectively, also it would have been a pain going back to my foreign revenue office/liquidators records abroad and start the justification/verification process all over again.
Apart from this, I don’t have even a single Parking ticket against me, I am a high rate taxpayer, and have 1 Kids (British), whilst my partner is on FLRm .
As the date mentioned
on my citizenship refusal letter is passed and I am not sure what is the best way to put this case through ? Can HO still refuse my new application even though they only said they will refuse any further applications until Sept’18 ? Are there any new rules since 2015 (since my Citizenship application refusal) that could effect any such applications ?
Any advice would be highly appreciated here please.
I will possibly get some immigration solicitor help but I also wanted to get your opinion on it and I would really appreciate your comments on this, as I have been googling around and this forum seems the most active on immigration matters.
I have been in the UK since 2003. I was student back in 2007 when I applied for variation of leave to HSMP using previous foreign income.
UKBA at the time, couldn’t verify my payslips with my previous foreign employer (previously Well known company but was in liquidation at the time verification was done) when they went to office & asked the office boy (runner) to provide employment records, who simply told them “He doesn’t know much as he is not the right person and that they should speak to one of the directors, he gave their contact details). My employer had registered my tax deducted at source later with the local revenue office (after the tax year) which was very common there to delay tax payments for employers. But based on two above, UKBA refused my HSMP application and accused me of using deception as they couldn’t verify the income with employer and revenue told them as my tax record was registered with them on the later dates than my payslips. Was a matter of common sense for UKBA but they refused my application.
I took the matter with my ex-employers directors and asked them to contact UKBA and get this sorted however it went back and forth emails exchanges between them, liquidator and UKBA. I still had leave to remain as student, so I later applied for extension for a PDH course in the same year (as my HSMP was gone into a mess). The visa was initially refused due to UKBA accusing me of using deception previously but it was later allowed, as appeal court accepted that HO checks were not appropriate and HO lawyer accepted this. My appeal was allowed, HO did not object it and I continued my PHD and Tier 1 Gen visa routes later. In 2014 I received ILR based on Long residency but when a year later I applied for British Citizenship, my application was refused based on Character requirements that I previously had used deception in the application and that any further application would be refused until September 2018 (Perhaps 10 years from the date my appeal was heard and student extension approved). I did not pursue it further via court or other means one, due to loss of my close family member and also due to avoiding wasting money and time in courts, as my understanding was that Citizenship requirements were different and regardless of UKBA records at that time, or courts remarks HO will apply this character test retrospectively, also it would have been a pain going back to my foreign revenue office/liquidators records abroad and start the justification/verification process all over again.
Apart from this, I don’t have even a single Parking ticket against me, I am a high rate taxpayer, and have 1 Kids (British), whilst my partner is on FLRm .
As the date mentioned
on my citizenship refusal letter is passed and I am not sure what is the best way to put this case through ? Can HO still refuse my new application even though they only said they will refuse any further applications until Sept’18 ? Are there any new rules since 2015 (since my Citizenship application refusal) that could effect any such applications ? Any advice would be highly appreciated here please.
and she simply said it was highly confidential ? Whaatt ???
sorry!