Past-Deception-effect on ILR

[ilrconfusion]

Hello everyone,

I am new to here, I have a question regarding long residency application.
I was refused for Tier 1 Ent. application as HO thinks i have submit false documents and we made an appeal to First tier tribunal, judge gave decision in my favour but remit back to HO for reconsideration.My solicitor and me wasn't happy with the judgement so appeal in upper tribunal and judge gave us outright decision so i got my initial Tier 1 ent. visa in 2015. I am finishing my 10 years in March 2017. After reading above scenarios now i am bit confused as deception still lying on records or after court judgment HO removed from my file.

I will appreciate your suggestions and guidance.

Thanks

[noajthan]

To avoid confusion & jumbled responses, I have moved your question to its own thread (this one).

[ilrconfusion]

Thank you noajthan,

Do you think this will affect me for future ILR application ?

[ilrconfusion]

is anybody had this type of situation before applying for ILR ?

[Brokenlegs]

is anybody had this type of situation before applying for ILR ?

Hello,

I had a similar experience which I am happy to share.

HO categorized me under Deception for not mentioning my Driving Offence in an application which was made in 2011. However, when I applied again for a different category visa in 2012 explaining the circumstance why I couldn't able to enclose the offence, HO accepted my reason and apology and granted me the leave to remain.

When I applied for my ILR (10 years) route recently, I mentioned the same reason for Deception and enclosed all the documents which I submitted in 2012. HO accepted my application an granted me ILR. Make sure you go with a legal representative.

Good Luck.

[ilrconfusion]

Brokenlegs,

Thanks for reply.
In my case HO alleged that i have submit false documents but I won the appeal in upper tribunal I got my visa after nearly 2 years battle so my question will this affect on LR application or i have to explain all this in covering letter.

[vinny]

Explain in a covering letter. Be prepared if they ignore the previous successful appeal.

[longhorn]

It appears that both the FTT judge and UT judge concluded that there wasn't any credible evidence of deception and both overturned HO's refusal based on deception. You should simply say "no" to the question that asks if you have ever used deception in any of your previous application but also provide an explanation in additional information section that you didn't use deception. The decisions from the judges also confirm this.

[Brokenlegs]

Brokenlegs,

Thanks for reply.
In my case HO alleged that i have submit false documents but I won the appeal in upper tribunal I got my visa after nearly 2 years battle so my question will this affect on LR application or i have to explain all this in covering letter.

I would certainly mention this in a covering letter. Please take the below suggestions to your consideration.

1. Write a covering letter short and sweet. Don't have to mention too much.
2. Enclose all the previous correspondence from HO you may have with the application.
3. In the application where you have a box for deception category, mention that "see the enclosed covering letter for reference".
4. Get advise form legal representative and take them with you.
5. One day application is best in your case.

Hope the above helps.

[ilrconfusion]

Thank you everyone for your suggestions.

vinny ,

Why they ignored Tribunal decision ?

In my appeal hearing ,The Lady came from the HO side, she discussed with my solicitor that why the case worker thinks deception used in this case without any verification. When judge asked any cross argument and she said no and than judge straight away appeal allowed. We came out from the court with in 10 mins.

Lets see what happened.
Thanks again.