ILR Admin Review- 322(5) Cancelled

[ugulfraz]

HI All,

I have recently rec'd a response to my AR application in which home office have acknowledged the had applied immigration rules incorrectly in the initial application therefore they will remove the section 322(5), in addition they also recognized couple of other errors they made in previous refusal letter i.e. they had quoted my source of earnings incorrectly etc. However they still refused my Visa under 245(d) as they believe " on balance of probabilities that i the earnings i claim are not genuine" . They have however given the option for a second AR without any mention to how long do i have before i can submit the second AR application. following are the questions i have:

how long do i have before i can apply for second AR. there is no mention on refusal letter.

Will this period count toward my 10 years long stay? ( i came here on 29.09.2006)

Will the fact that 322(5) has been removed assist in my application for long stay IL?

The fact that i have already submitted tax return for year 2015-2016 ( the year for which I claimed earnings, but HO awarded me 0 points suggesting they were unsure if my my earnings are genuine) help the argument.

what is the best course of action from here one.

your guidance will be much appreciated.

Regards
UG

[TechBro]

They have no idea what they are doing. My AR had been refused and in my case I've got exactly same stuff word by word. Mine 322(5) removed. Now left with 245cd(d).

They have done it to one of my friend as well. He got same refusal, but you and him got second AR chance and I haven't got second chance. Now going for PAP and then JR.

[rocktheparty]

Hi TechBro

Did they replace 322(5) with 19(i) and (j)?

They have no idea what they are doing. My AR had been refused and in my case I've got exactly same stuff word by word. Mine 322(5) removed. Now left with 245cd(d).

They have done it to one of my friend as well. He got same refusal, but you and him got second AR chance and I haven't got second chance. Now going for PAP and then JR.

[rocktheparty]

Hi ugulfraz

Did you have any tax amendments of previous years?
And when they doubt earnings, have they replaced 322(5) with new clauses like 19(i)(j) etc?

HI All,

I have recently rec'd a response to my AR application in which home office have acknowledged the had applied immigration rules incorrectly in the initial application therefore they will remove the section 322(5),

Regards
UG

[wahabishtiaq]

Hi,

Removing 322(5) is a good news. I think in this case you can file a new application with detail explaination on your tax issues.

I have submitted my AR online, but there was no way to submit the documents that show that my amendments were done. I was refused on same 322(5) for not declaring income correctly to hmrc.

My query is that I have submitted ar with explaination on grounds made by my solicitor but we can't send the documents to evident it that amends were done.

Please advise how to handle this now? Also thinking to file a new application in ILR LR which I am legally allowed to file on top of my ar for set o.

Please share your knowledge.

Many thanks

[monty87]

@ ugulfraz

how long do i have before i can apply for second AR. there is no mention on refusal letter.
It should be another 14 days period from the time of AR decision however I would suggest to email Admin.Review.Enquiries@homeoffice.gsi.gov.uk and double check.

Will this period count toward my 10 years long stay? ( i came here on 29.09.2006).
Yes it will, you are under 3C leave until you withdraw AR or Home Office make a decision on your second AR. Your 3C leave will finish if you don't apply for Admin review within time and Home Office will send refusal letter with liable to be removal notice if you do not have valid leave.

Will the fact that 322(5) has been removed assist in my application for long stay IL?
Its a good thing that you're not refused under general grounds yet. However, HO is still saying that earnings are not genuine so they could put 322(1A) or 322(2) for false representation. Home Office is taking HMRC income into consideration instead of 12 calendar months and hence saying earnings are not from genuine employment.

[TechBro]

Did they replace 322(5) with 19(i) and (j)?

Yes now 245CD(g) 19(i) and (j). HO is playing a very dirty game and this is because of stupid people on this immigration board. HO should recognise the genuine and no genuine people. why they using same brush for everyone. Home office ruined our life.

When my Admin Review came out. I straight away said to my employer that my section 3c is broken and now I am not allowed to work. They arranged a HR meeting and suspended me from Job without pay. ​Discontinuity from Job will ruin my career in future.

[rocktheparty]

Hi TechBro

It's unfortunate and wrong too because 19(i and j)are related to earnings' genuineness of self employed. Which means they doubted your earning for current application. And they should have at least asked you if they had any doubt. Any idea how long JR hearing takes?

Did they replace 322(5) with 19(i) and (j)?

Yes now 245CD(g) 19(i) and (j). HO is playing a very dirty game and this is because of stupid people on this immigration board. HO should recognise the genuine and no genuine people. why they using same brush for everyone. Home office ruined our life.

[wahabishtiaq]

Hi TechBro

It's unfortunate and wrong too because 19(i and j)are related to earnings' genuineness of self employed. Which means they doubted your earning for current application. And they should have at least asked you if they had any doubt. Any idea how long JR hearing takes?

Did they replace 322(5) with 19(i) and (j)?

Yes now 245CD(g) 19(i) and (j). HO is playing a very dirty game and this is because of stupid people on this immigration board. HO should recognise the genuine and no genuine people. why they using same brush for everyone. Home office ruined our life.

What is 245CD(g) 19(i) and (j)? Please share details what does this means?

[ugulfraz]

They have no idea what they are doing. My AR had been refused and in my case I've got exactly same stuff word by word. Mine 322(5) removed. Now left with 245cd(d).

They have done it to one of my friend as well. He got same refusal, but you and him got second AR chance and I haven't got second chance. Now going for PAP and then JR.

Good luck TechBro

[ugulfraz]

What is 245CD(g) 19(i) and (j)? Please share details what does this means?[/quote]

I believe it is a paragraph in immigration act that allows caseworker to avoid zero points for earnings if there's any doubt about earnings

[TechBro]

Here is explanation for 19 (I) (J)

Section 19 (I) states secretary of state must be satisfied that income from genuine source or no points would be awarded. Because HO has already given you points and hence you were granted leave to remain in your previous application. Unless you are still using same source of income this ground will not stand. But you still need to have evidence to show you had a genuine business.

• Section 19 J iv, genuine income test. Now that you have amended and paid tax there by your income as per HMRC is same as HO. In my opinion HO is discriminating ILR applicant when it comes to tax amendments. HMRC has a long established process for tax amendments because HMRC understands and acknowledge that for whatever reason wrong tax might be disclosed and HMRC has given people opportunity to come forward and tell them. When people pay tax it is good for the economy as well. Unless HMRC has resolved dishonesty in a case and sanctioned hefty fines, why HO just pick on ILR applicants and accuse them of dishonesty. This would be a solid ground to argue in front of a Judge.

[TechBro]

​

It's unfortunate and wrong too because 19(i and j) are related to earnings' genuineness of self employed. Which means they doubted your earning for current application. And they should have at least asked you if they had any doubt. Any idea how long JR hearing takes?

Yes that's right, they making the previous application as a base and refuse your current application based on speculations. I have firm evidence to proof that my business was genuine and is genuine and still trading. The worst thing is that JR process is long. It might take 4-6 months.

​HO is has lot of lousy grounds for refusal and it has become a numbers game for them. They want numbers by thousands and HO is picking of minor issues to refuse.

[Haroon1824]

Hi
Extremely thankful and support from the seniors and gurus
I'm in same situation waiting for AR decision. Applied AR on 23/6/16
Poe Liverpool 16/6/16 and expired 17/6/16
I came in Sep 2007.
If AR result is positive then everything will be ok and if not if I will go for JR if decision goes against me will my 10yr still open or will I be considered as over stayer and if JR hearing is due and for eg still 2-3 months left for 10yr route can I extend the date and can apply for 10yr route n withdraw JR

[Kaz72]

@Haroon1824

I think going to the JR will break the continuity of your stay and you will be considered as over stayer. But wining JR means you have saved 3c and your continuity is not broken.