Need suggestions after ILR Set (O) Refusal

[siftkhanz]

Hi all
Today I received the divine decree from HO that my application has been refused so posting here to seek suggestions what should be my next step

Timeline
Application Posted: 08th June 2016
Biometric Letter: 18th June 2016
Biometric Done: 28th June 2016
Letter for interview required: 20th Aug 2016
Email informing interview date: 02nd Mar 2017
Interview conducted: 16th Mar 2017
Refusal letter date: 31st Mar 2017


Decision Summary:
We have considered your application for settlement in the UK as Tier 1 (General) migrant on behalf of secretary of state. Your application has been refused under paragraph 245CD (g) with reference to Appendix A (Attributes) and paragraph 19 (i) and 19 (j) of Appendix A of immigration rules.



Rejected all the income claimed as this does not seemed genuine to HO

Self employed earnings rejected because business does not seem to be legit

Financial accounts not known by the applicant

advertising and marketing- an internet search using your name or company failed to locate any advertising for your business

other employment - if you can generate 17k gross dividend payments during period claimed why would you need other employment

since your earn less than 25k in the past year we can not award points for uk experience

Total points awarded equal 55

(these are the basic gists of the letter i received)


Now my question is this should I go for admin review as these points are defendable by all the paperwork (P45-P60, accountant letter, HMRC letters, SA302)

or should make fresh application for SET (LR) as my 10 years completed on 28th January 2017


any help or suggestion would be appreciated

[pakstar]

sorry to hear about your refusal.
want to know some more details before giving some input
was there any tax discrepancy or 322/5 in refusal aswell?
And do you still have valid visa to apply for LR?

[siftkhanz]

Hi
- No discrepancy or 322/5 in refusal letter

- Met a lawyer yesterday he also said there is no deception in my case as per the refusal letter, HO is not satisfied my income is geniune

- I dont have any valid visa atm but given 14 days which is normal procedure to put AR or make fresh application

- According to the advice I received yesterday by the lawyer he said you should send it for AR first and wait for it if the answer is NO in AR than go for fresh application for Set LR because if you dont challenge this decision HO will say that you accept out allegation(current refusal) that is why you never bothered to challenge it

I hope it clarifies my situation for you to understand

Thanks

[pakstar]

I think thats best advice.
Even in my opinion, Best option is to go for Admin Review.

Hopefully you will get through, Just in case if something goes wrong then you
can put LR application within 14 days in parallel to Judicial Review.

[SM03KUW]

Hi all
Today I received the divine decree from HO that my application has been refused so posting here to seek suggestions what should be my next step

Timeline
Application Posted: 08th June 2016
Biometric Letter: 18th June 2016
Biometric Done: 28th June 2016
Letter for interview required: 20th Aug 2016
Email informing interview date: 02nd Mar 2017
Interview conducted: 16th Mar 2017
Refusal letter date: 31st Mar 2017


Decision Summary:
We have considered your application for settlement in the UK as Tier 1 (General) migrant on behalf of secretary of state. Your application has been refused under paragraph 245CD (g) with reference to Appendix A (Attributes) and paragraph 19 (i) and 19 (j) of Appendix A of immigration rules.



Rejected all the income claimed as this does not seemed genuine to HO

Self employed earnings rejected because business does not seem to be legit

Financial accounts not known by the applicant

advertising and marketing- an internet search using your name or company failed to locate any advertising for your business

other employment - if you can generate 17k gross dividend payments during period claimed why would you need other employment

since your earn less than 25k in the past year we can not award points for uk experience

Total points awarded equal 55

(these are the basic gists of the letter i received)


Now my question is this should I go for admin review as these points are defendable by all the paperwork (P45-P60, accountant letter, HMRC letters, SA302)

or should make fresh application for SET (LR) as my 10 years completed on 28th January 2017


any help or suggestion would be appreciated

Hi siftkhanz,

Sorry to hear about your refusal, did you have any tax amendment for previous year?
I am in same situation as you, I had interview 13th of March, but after interview I was too scare hence I apply to vary my Set (O) application to Set (LR) & since then I haven't heard anything from HO. If you have personal message facility you can send me your contact detail and we can discuss this.

Thanks

[siftkhanz]

Hi Pakstar
Thank you very much for your suggestion, I am thinking to go for the same route apply for AR and than go to Set LR, lets see may AllaH guide me

Hi SM03KUW
Buddy I havent got the PM facility so cant message you that and you have varied your application before the decision, based on the advice I have received so far from different people and solicitors this is the best approach to do as this way if God Forbid your visa is refused you will be given appeal right which itself is a blessing, lets hope you get the favorable outcome ... good luck

[siftkhanz]

also want to ask senior members here some information

Immigration history in refusal letter

-On 28th Jan 2007 you entered UK with leave to remain from 12 January 2007 to 30 April 2008

- This was extended to expire on 30 April 2009

- Tier 1 (PSW) migrant leave to remain was granted from 10 June 2010 to 10 June 2012

- You applied for Tier 1 (General) migrant on 01 April 2011 and was granted leave to remain from 24 May 2011 to 24 May 2013

- This was extended from 10 June 2013 to 10 June 2016. The present application is dated 08 June 2016

--------------------------------------------------------------------------------------------------------------------------

HO did not mention that I applied for PSW before my student visa expired (30 April 2009) which was refused with appeal right given.

I appeal against the decision and was allowed appeal by AIT in august 2009 but HO never asked for my passport, when I use to call HO they would say we have not received your decision from AIT and when I called AIT they would say that they have sent the decision to HO

Since I could apply PSW from Home Country I left UK october 2009 but eventually found out that I could not apply PSW from my home country as 12 months window to apply is passed so I came back to UK (Prior to student visa I had 5 years multiple Visit Visa which was valid)

Met the solicitor who represented me in appeal and he suggested I should write a letter to HO asking about my application which I duly did and within 1 week HO sent me letter asking for passport and sent me Visa with PSW mentioned above dated 10 June 2012

The reason for writing this post is to ask is my continuous 10 years presence is broken ?? as I am a bit confused with this rule

Should I pursue Set O through AR and JR or Should I go for Set LR
or don't bother at all ?

Any help / suggestion would be highly appreciated
Thanks

[SM03KUW]

Hi siftkhanz,

Did you have any tax amendments in last five years.

Thanks

[siftkhanz]

Hi SM03KUW

I had tax amendments but didnt have to pay any extra tax because of those amendments ... this was asked in my interview and not mentioned anywhere on refusal

Regards

[siftkhanz]

Hi
any response from senior members please in my case
thanks

[ITEXPERT]

Hi
any response from senior members please in my case
thanks

Hello
Did you apply for AR Or made fresh application?

Thanks

[siftkhanz]

I applied for AR and response should be coming this week I reckon as 28 days are up already

[Londoner001]

I applied for AR and response should be coming this week I reckon as 28 days are up already

Hi Siftkhanz,

Have you heard anything from AR yet?

Regards,
Sai

[siftkhanz]

Hi SaiBilla,
I got an email yesterday saying usually they reply in 28 days but unfortunately they need more time as they have done some further enquiries they will update me by 22 May 2017 if they decide on my AR or need more time for enquiries.
regards
Sift

[vsk]

refusal for 15/16 year income ??

[siftkhanz]

yes caseworker not satisfied income in genuine