Need Help...

[sam2017]

yes

it is bit dilema here from now, my Solicitor is advising me with Second Application running we should not go in JR, other wise they turn back saying continue with Second Application and come. if we succesed can we claim both cost to them !

And new Application will Surly Prove that Information given at first time was wrong.

i haven't seem much cases Reapply is also succeeded.. do you strongly believe in that it can get successful!!or do you think when HO receive new Short of Fees they might rethink the case again! even on reconsideration they have put 322(5),


i am sure HO is awaiting this kind of cases pending in JR at the moment.

I know JR has bit less chance as i paid tax after they told me but i honestly paid AS soon as i found out,if i knew i would have paid before this happens.

[Purdamit]

Hi Sam,
It is a bit of tricky situation to be honest but the only hope is that in the second application you can provide cover letter about the issue and also the tax is paid before the application is filed. JR process has to be run parallely.
Hope they will consider your second application and worst case scenario you can fight with JR for second application again.

[sam2017]

Do you think Second Application answer will come before i go to JR?

Other wise no point of going in JR while decision is pending for second Application...

[Purdamit]

Hi Sam,
Go for JR now relating to your first application refusal even after reconsideration.
File second application if you are allowed to do so and wait for the outcome of the second application. if the outcome is positive then fine if not then you go for JR relating to the second application decision.
Let both the things run parallely. I know second application would cost you 4000. And for JR of first application would also cost you a lot. All you need is ILR so have to take chance . Speak with solicitor and see what he going to say

[sam2017]

Hi

Puradamit

I discuss this one of big lawyer in UK. He is also advising me that I can only go in JR where have little bit of chances he has also got this kind of cases with him and they all waiting for jR dates and all

According to him this 322 is mendatory refusal and if hmrc is accepting this why ukba has problem.

He also advise me that you are very late as when I received that reconsider letter I should have go for JR.

I saw here in other topic in this website where JR accpetant date topic 1-3 people have hearing date in march let's see what happens to them.

[nhraviraj]

Hi all,
Below is my update...

Applied for ILR on 19/05/2016 at the Solihull office - rejected under section 322 (5)
- First T1 - tax paid
- T1 extension - tax not paid for one year only
- ILR - all via payslip
- UKVI specified that everything except the one year is fine.

Didn't go for admin review as I haven't done SA / paid tax and didn't want to lose the working rights. Did the tax amendment, paid all overdue taxes and sent a fresh application on 23rd of May 2016 with supporting documents and cover letter saying change of accountant and mistake in SA declaration.

15/10/2016 - Sent a request to get a certified passport copy to give notice of marriage.

Sent additional documents on 28/11/2016;
- Interest calculation and payment confirmation

No update until 01/03/2017

02/03/2017 - Solicitor chased UKVI to get an update
- UKVI confirmed receipt of additional documents. They couldn't confirm whether it's attached to the file or not.
- UKVI mentioned that they have to interview and that's the reason for the delay
- UKVI said that they will send the interview details

03/03/2017 - UKVI sent the interview details.
Interview to be held at the VFS/UKVI office in central london (66 Wilson St, London EC2A 2BT) on 16th of March 2017

- Solicitor said, because this meeting is in this office in central london, I don't have to be majorly concerned.
- He thinks it's an interview to verify the application details with me in person and hear the reason for the undeclared / unpaid SA tax.
- He said that there's no reason to take a legal representative as the legal rep can only take notes. They can't get involved in the interview.

I'm surprised that I received the invite straight after my solicitor chased UKVI.



Appreciate your thoughts in this matter.

Thanks.

[sam2017]

Hi

This interview i think it will be for Self Employment like earnings tax return and all..

it may be Video interview as well..i have seen some people has interview done about 3 Months before and still waiting for the Decision.

When you done Second Application did they asked you Biomatric and all?

Keep update your case.....and all the best for the interview..

[sam2017]

i think we both have same situation

only you put fresh application and i am going for JR and out of Work now for more then 1.3 years and on waiting games.

thier is so many cases with this 322(5) and in such a situation where cant find the way.

[nhraviraj]

Sorry to hear that...
Yes. I did the whole thing for the second application.

Someone got it within a month. It differs from case to case by the looks of it.
I'm keeping my fingers crossed too.

Will keep you posted.

[Purdamit]

Hi

This interview i think it will be for Self Employment like earnings tax return and all..

it may be Video interview as well..i have seen some people has interview done about 3 Months before and still waiting for the Decision.

When you done Second Application did they asked you Biomatric and all?

Keep update your case.....and all the best for the interview..

Hi Sam,
So are you just filing JR or are you putting a new second application as well?
Do you need to send the PAP letter again or you can directly apply for permission in Upper tribunal?

[Purdamit]

Hi Sam,
Can I please ask you about the name of caseworker who has dealt with your initial application and who has dealt your reconsideration application.
Name of the case worker and the team he belong to.
Is your reconsidered application been dealt by post assessment team

[CR001]

Hi Sam,
Can I please ask you about the name of caseworker who has dealt with your initial application and who has dealt your reconsideration application.
Name of the case worker and the team he belong to.
Is your reconsidered application been dealt by post assessment team

Names are not permitted. The caseworkers have not given you or any other forum member permission to publish their names on an internet forum. They also have the right to privacy.

[sam2017]

hi

my first Refusal was in June last year was sent from Cardiff office although i went in person in Sheffield.

then we sent PAP in october and Reconsideration letter received from Hays i think this is GLD dept.

now the last Refusal cam from post decision case worker sheffield.

[sam2017]

Hi

Viral

How was your interview was it all about self employment or did they ask any questions about amendment s??

[vut88]

Hope for the best guys

[sam2017]

Hi

Guys i am not sure what happens after oral permission refused in JR.

i see lot of reply that permission refused on paper and in oral as well..

does it mean that need to go in High court or end of Journey?

[sam2017]

Guys any advised on judical rejction!!

[manjunathhr]

Hi Sam,

did you sealed your Consent Order in court ? after reconsideration letter from HO.

[manjunathhr]

Sam

did you made 2 applications one in postal as well along with PEO in sheffiled.

[manjunathhr]

Sam

did you applied for JR ? .... or already in refused on papers ..please let us know

[sam2017]

HI
No i haven't went to JR Yet.

Since my reconsideration was refused in march just as process i have applied for Admin Review.

i have not applied again after tax amendment only reason is that if i apply by post it would take other 7-8 months and their is high chances of refusal again with west of quite a lot money. i am also not sure whether i can put new file as visa has been expired last year.
(we still not believing that Reconsideration refusal is just copy/pest of first refusal so why they spend 3.5 months on reconsideration and give same reasons )

i still have 1.5 months for to go on JR.

i am not sure what is the process like if JR refused oral then !!! i have seen few updates reluctantly that their oral permission is refused.

[sam2017]

Hi

any Update with JR with Amendement ?

I have sent PAP after surprised Reconsideration lets see !!

i am still not sure If JR refuse then Game over!!! like solicitors never say NO but is worth to keep spending money and Time?