AR refusal due to tax ammendments on Tier 1 General

[imranash]

Hi Gurus
Would like to have some urgent advise as because of Tax Amendments I got refusal and now I have an option for AR ..
1.My question is can I apply for 7 year route for my daughter same time as I am applying for Ar?

[aman90]

Hi Gurus
Would like to have some urgent advise as because of Tax Amendments I got refusal and now I have an option for AR ..
1.My question is can I apply for 7 year route for my daughter same time as I am applying for Ar?

Background Immigration history would be helpful.

[CR001]

Hi Gurus
Would like to have some urgent advise as because of Tax Amendments I got refusal and now I have an option for AR ..
1.My question is can I apply for 7 year route for my daughter same time as I am applying for Ar?

Background Immigration history would be helpful.

Yes would be useful however OP has likely been refused ILR from Tier 1 General.

[imranash]

Thanks for prompt reply
Immigration history is quite long and unfortunate!
My history is
Came in UK in Dec 2003 as a Student.
Left Jan 2008
Came as a Student Dependent with 9 months old Daughter in Nov 2009
Had changed my category in 2011 Tier 1 General
applied for ILR on Tier 1 General in 2016 Dec.
In 2014 October had a baby born in UK(not included in application)
Received refusal in dec 2018
Now if I applied 7 year route for my daughter what will be the working rights for me in the scenario?
Please suggest as my sleepless night is already started?
Regards

[aman90]

Refusal date?
AR will be withdrawn when you put in a new application.
Whatever the case.. make sure you do it in time.
I don’t know abt the work part. Google it. The search will bring up something related and you can discuss then..
Ur immigration history is not unfortunate. You’ve been here legally. This is just a setback and you’ll find a solution very soon.

[Obie]

Have you sought legal advise to determine if your case falls within the scope of Khan.

https://www.bailii.org/uk/cases/UKUT/IAC/2018/384.html

[imranash]

Thanks you Gurus...
My refusal letter received yestarday but dated 21dec18
And I am planning to put AR next week before friday finger cross

[imranash]

Much appreciated Obie!!!
After lookking Khan case I m little hopefull....BUT I have 2 ammendments 8 months before applying ILR..
Just trying to get good solicitors to file my aR....
Thanks again for the link..GOD bless

[imranash]

Guys if any can suggest

After applying or before AR is there any way to apply human rights / long residency /private life 7 years route of my child in parallel just to secure work rights?

Regards

[ventriloquist]

Guys if any can suggest

After applying or before AR is there any way to apply human rights / long residency /private life 7 years route of my child in parallel just to secure work rights?

Regards

Hi imranash,

I have the similar case, will be applying AR soon as well, as far as I know, launching new application while AR is pending will cancel the AR and 3C leave. I also want to keep my 3C leave while fighting my case, so appreciate if you can let me know if you find a suitable way.

PS. I am also searching for affordable and genuine lawyer, so any suggestions welcome.

Regards,

[CR001]

PS. I am also searching for affordable and genuine lawyer, so any suggestions welcome.

Members are not permitted to post names and details of lawyers on the forum.

[imranash]

Roger CR001!!

@ Ventriloquist
Hopefully some one in this board will come out any sutibale way or suggestion whilst pursuing our case there is way for right to work finger cross!!

In respect of finding the suitable solicitor please search the forum/google you will find some one who had in past success in the 322(5) .

[imranash]

@ Ventriloquist
Any update on your case?

Regards

[vinny]

See also some successful challenges.

[imranash]

Thanks @Vinni
Had applied for my AR finger cross!!

[imranash]

Hi All

I had a refusal on AR due to tax ammendments on Tier 1 General can some one shed some lights what options do I have now.

1.Can I re apply ILR (tier 1 route) to gain time as I have still 6 months for 10 year route.
Or just filled the ILR set (O) to gain time.

2. My Mrs and daughter had same time left for 10 year route as my dependant but both spend out of country in 2012 for 10 months does this break their 10 year route or year route ?

3. If I will apply for myself in any category does I have to file my dependant or just do mine?

I am in panicking situation what option do I have to take as If to maintain some working rights if I had any or atleast not to break any continuous residency for my family can any gurus experts shed some lights .

[CR001]

1. ILR visa tier 1 General route is closed since April 2018 and not possible anymore.

2. Yes, their 10 year continuous residence is broken as they were absent for more than 180 days.

3. What category do believe you qualify for?

4. Your section 3c protection ended when at was refused so you no longer have working rights now.

[imranash]

Thanks for prompt reply
Can I apply some how for ILR set O even know that is too early but just to take some time?
Or PAP to lead JR please suggest what will be better option but this will break the continuous residency for all family.
I need to gain some time please suggest

Regards

[imranash]

Any suggestions to gain atleast 6 months as one child will qualify for 7 year route and another one uk born child will be 5 years by then??

[CR001]

Thanks for prompt reply
Can I apply some how for ILR set O even know that is too early but just to take some time?
Or PAP to lead JR please suggest what will be better option but this will break the continuous residency for all family.
I need to gain some time please suggest

Regards

JR is not a process under the Immigration rules and does not give you 'legal stay' or section 3c protection.

You should note that Set LR could be refused for the same reason as your Set O application.

Not sure on what basis you want to apply SET O now. Set O is NOT for long residence ILR. If you apply too early for 10 years ILR, it will be refused.

Presumably your dependents visas expired when yours did. Did you include them in your ILR application and AR??

FLR(FP) 7 years child route is not an easy route to get and it can take a very long to get a decision.

[imranash]

I must be confuse with ILr set o I meant to say 10 year ILR route.

I want to find out the way to apply in any category to gain time is there any category ?
My youngest daughter who born in uk I didn't applied for her under my dependant on ILR
Elder one was under my dependant on ILR application but on AR I just applied for myself and Yes to the question where they ask if I would like to include my dependants.

[CR001]

You have been an overstayer since your AR was refused.

The only application you could potentially submit is FLR(FP), but no guarantee of success or quick decision and submitting an application does not reinstate your section 3C protection. You will remain overstayers while the application is pending and you won't have 10 years legal stay for ILR long residence either.

[free_logic]

Dear Imran
Put in FLR(fp) application and emphasise on your daughter that her life will be very much affected if she goes back. Because she is shcooling in UK from begining ( get the letter from school). Mention she has all of his friends here and she only can speak English.Letter from GP and other friends and family will also be helpfull. If this application will be approved, Your overstaying period will be Disregarded under section 39E. One of my friend had the same issue of 322(5) refusal but his Flr fp application was approved due to his child.

[imranash]

You have been an overstayer since your AR was refused.

The only application you could potentially submit is FLR(FP), but no guarantee of success or quick decision and submitting an application does not reinstate your section 3C protection. You will remain overstayers while the application is pending and you won't have 10 years legal stay for ILR long residence either.

Thanks for your response
What will be the consequences if I do JR .Am I eligible to file 10 year ILR whislt on JR is pending?

[imranash]

Dear Imran
Put in FLR(fp) application and emphasise on your daughter that her life will be very much affected if she goes back. Because she is shcooling in UK from begining ( get the letter from school). Mention she has all of his friends here and she only can speak English.Letter from GP and other friends and family will also be helpfull. If this application will be approved, Your overstaying period will be Disregarded under section 39E. One of my friend had the same issue of 322(5) refusal but his Flr fp application was approved due to his child.

Thanks for your advice this is a tough call to get FLR FP but finger cross will find out some way