Administrative Review - Refused Pls pls advice

[vinny]

M.

[monty87]

Hi all,

My ILR and AR was refused under para 245CD of the immigration rules with reference to 322(5) of appendix A.
I have tier 1 visa valid till Feb 2018 and going for JR. My solicitor is preparing pre action protocol. Currently I am on maternity leave and planning to join back in March 2017.

I have 2 questions :-
1) Can I travel abroad? Will I be stopped at airport while coming back?

I would suggest to send separate PAP to Home Office to update their records before making travel arrangements, they should not have told you that you are liable for enforced removal in Admin Refusal Letter unless your leave until Feb 2018 had been curtailed by HO which does not seem to be after reading your posts. They possibly followed their standard protocol to send people to their home countries following Admin review refusals.

2) Can I still work legally till Feb 2018?
You're legally allowed to work if you have valid Tier 1 until Feb 2018 unless Home Office has curtailed your leave. You can check your status on https://www.gov.uk/employee-immigration ... ent-status and also send PAP if it is showing as negative.

[trunks2k8]

my sa302s were submitted late before my peo and I did not do SA due to the same reasons you have given above. I took additional documents including a letter from ca explaining he was the one who decided no to submit SA as it was not required. A web extract from HMRC website saying sa was not required also an extract from ACCA website stating the HMRC rule for SA not required. This is just unfair and a mistake on the HO but you should have taken these additional documents with u to make them understand in my case they did understand it.

Hi maverick any update regarding ur case? I'm in a similar situation. please advise.

[ukishometoo]

Hi All,

My ILR was refused and my appeal was also refused as they cited reason under section 322. We have all HMRC docs and Home office earnings tie to HMRC, but HO say they original case worker fairly assessed and we should have provided enough supporting.

we gave then SA302 earnings in appeal too to show there is some confusion and hmrc letter clearly shows earnings claimed. but they are ignoring it,

I feel helpless. During first refusal they said i can live till my valid tier 1 till 2018.

Now they are saying on appeal letter u must leave UK immediately, which seems a mistake in the letter, but am confused.

Now I have 2 options either to go on spouse visa (my spouse is British Citizen) or go for judiciary review which is our preference as we know home office is confused and not looking at right information.

I cant go to India and have Judicial review as I am a new mom and I need to be with my daugher who dont have UK passport or oci card, though she is a citizen. Also can I not live in uk till 2018 tier 1 visa expiry and apply for JR.

I have 5 months old baby and I am really panicked and feel disappointed of case workers wrong evaluation. I am a Chartered Accountant working for a big corporate. Just lucky i am on maternity or this decision is a disaster. Also the earnings requirement was only 20k and not high, I had much over it which we showed.

Please advice, can I stay in country based on my tier 1 valid till 2018. Home office has confused me as they say I have to leave now or face consequences etc, which I think is a cut copy paste of their standard wordings and they are ignoring my tier 1 till 2018. Please help as I feel helpless due to case workers fault.

I called HO, one caseworker said u can definetely live as u have tier 1 and that attached para on leaving UK was a standard reply on refused appeals., the other one seemed confused and said follow the letter and leave.

Pls advise and thanks for reading long email

Hi danmay,

Did your JR permission granted? Thanks.