Urgent help visa refused 200k immigration history

[tangy67]

Hi
I just got e mail from solicitor that my visa has been refused because of immigration history.
But claiming full 95 points
Applied in oct 2013
No interview.
Previous visa work permit
In uk from more than 7 yrs.

As they mentioned that i was worked with abc in that period but it was not for abc company but i worked in 2010 for xyz at same post but not in same business with permission of employer.

Please let me know what i can do know , am i eligible to apply for other category.apply for other category or still fight .

We have cosidered your application on the behalf of secreatary of state and your application has been refused under the immigration rules.
A decision now been made to remove you from united kingdom by way of direction under rule 47 on immigration act 2006.
You have right of appeal under these decision

On 21st of november you were granted enter to in uk until 7 sep 2008 as working holiday maker visa.

On 21 october 2008 you were granted leave to remain in the united kingdom as a work permit holder until 21 oct 2013

General ground reasons for refusal

You have applied for leave to remain in the United Kingdom as a tier1(entreprenuer) but the secretary of state satisfied that you have failed to comply with the conditions attached to the grant of ur leave to enter or remain

The conditions attached to your leave of stay restrict to work under abc company as a xyz
Check on your application with HMRC have shown that you have been in breach of work permit conditions of stay. You have not been granted permission to work for abc and xyz company whilst your employment in abc.

In light of this the secreatary of state has deemed that refusal is appropriate under the 322(3) and is not prepared to exercised the discreation in your favour.

Claimed full 95 points as index by h.o.

There fore you do not satisfy the requirement for this category and it has been decided to refuse your application 245dd of immigration rules and do not meet paragraph 245dd (g).

Right of appeal

You have right of appeal
You have entitled to appeal decision under section 82(1) of nationality ,immigration and asylum act 2002 as amended by immmigration assylum and nationality act 2006.
The appeal must be made on one or more following grounds.

That the decision is not acccording to immigration rules.

That decision is unlawfull because its discriminates against you.

That the decision is unlawfull because it is incaptible your rights under eurpean convention and human rights.

That the decision is breaches right which you have eea national

That the decision is not accordance with the law.

That discreation under immigration rules should have been exercised differently.
You should not appeal on grounds that do not apply yourself.you should also give arguments and any supporting evidence which justice your grounds.

Option to make. New application.

Please note that there is no any administrative reveiw available for in country application under point based system.
If you are not entitiled to statunary right of appeal you may wish to submit a fresh application with new or additional information not included in the application subject of this decision.
The application must include full supporting evidence(including required evidence supplied to us with any previous application) and the approprate fee. All supporting evidence must meet the full requirement specified in the immigration rules. Alternatively if you wish to apply for leave to remain in another capacity you must do so on on appropriate application form with fee. Further information on application form obtain from our website..

Thanks.

[Olasunkanmi]

@ tangy67, did you actually breach the condition of your previous visa as stated by HO? If thats the case, then your appeal might not have a good chance. And submitting a fresh application for another category might result in same refusal. You should find a way to add human right ground to your appeal if you have a basis for that as this might enable you to claim some discretion from HO if you have a good barrister.

[tangy67]

Thanks for reply,

Yes I did but wS not aware of that as a work permit holder I was allow to do work in same profession and at same post, I did work at same post and paid good taxes for that even I got my Morgage on that basis .

I sold my property because of this visa and I have my three year old daughter who still is not been to India to see her grand parents even my father met with an serous strike all the evidences with me.
Employed blackmailing me from long time have all voice recorded. Till very confused .
Any good barrister please recommend .

[tangy67]

Thanks for reply,

Yes I did but wS not aware of that as a work permit holder I was allow to do work in same profession and at same post, I did work at same post and paid good taxes for that even I got my Morgage on that basis .

I sold my property because of this visa and I have my three year old daughter who still is not been to India to see her grand parents even my father met with an serous strike all the evidences with me.
Employed blackmailing me from long time have all voice recorded. Till very confused .
Any good barrister please recommend .

[Olasunkanmi]

@ tangy67, its better you consult with various lawyers to make your own choice through the advice they might give you. I will advice that you submit your appeal and continue your work since you already have section 3C and you can then think about a good solution before the appeal hearing. You can submit the appeal on your own and later add other grounds and also appoint representative before the hearing once you get a good one.

[Princess of Ammi]

Chances slim but never lose a hope!!!

Lodge an appeal:
you do not necessarily need a lawyer to do this only if you believe you can think of everything involved and things that could potentially help you (considering your situation and being agonised I recon you to have a lawyer at this 1st place).

Present yourself a naive:
you did not know if you were not allowed for 2nd job with a different employer.

Prove yourself naive:
ask your 1st employer to make you consent letter that that they did let you work as 1st employer was aware you were working for other employer too.

Article 8:
You have lived in UK for a considerable time that lets you add article 8 which is about private life that gets affected if you are removed from the UK.

You also need to get good work and other references where you could show yourself as legit who have never been in breach of any law, what you did(working for another employer)was a mistake you were not aware of.

Hope above helps

[tangy67]

Thanks for your reply
As the other company which I worked for is related to employer and he also made me director for that company even I was not allowed .

Regarding article 8 , I am good citizen till now got loans and returned in time , paid off my every bill on time.

Please put shed .

Regards

[tangy67]

Experts please help me,

As you know my full case i don't understand when they check full immigration history they don't know in working holiday maker visa we are allow to work one year as worked only for 10 months and in workpermit holder with the permission of employer you work at same level that i did even then they refused

And more over i am strange if they check with hmrc ,they did not any think about my main employer tax which was not paid after 2011 in refusal reason thats strange please put your shed on this.

I don't understand i am too confuse about these reasons.

Regards

[ayesha.aykhan]

Hi ,

Can you please update me regarding your circumstances as I am in similar situation ?

[tangy67]

Hi Ayesha. ,

Did you also get refusal because immigration history .

Regards