Past-Deception-effect on ILR

[Medi17]

Monty

Court case was dismissed so deception was not removed.

HO refused on the basis of deception in the past and then started granting visas so does it mean deception is removed? If so how? If not why not?

Should there not be expectation for ILR after getting all those visas and thinking deception has been removed as visas are being granted?

These were terms in refusals letters, you can tell what they are and you seem to have good understanding?

245Z, 320(7B), 322 (1A), 322 (1A), 322 (2)

Hi Skyer

Could you please contact or pm me while m in the same boat as u i really need some help as soon as possible.
Thanks

[Casa]

Monty

Court case was dismissed so deception was not removed.

HO refused on the basis of deception in the past and then started granting visas so does it mean deception is removed? If so how? If not why not?

Should there not be expectation for ILR after getting all those visas and thinking deception has been removed as visas are being granted?

These were terms in refusals letters, you can tell what they are and you seem to have good understanding?

245Z, 320(7B), 322 (1A), 322 (1A), 322 (2)

Hi Skyer

Could you please contact or pm me while m in the same boat as u i really need some help as soon as possible.
Thanks

Members don't have the privilege of the PM facility until they have contributed 30 posts.

[Medi17]

Dear Moderator
I would like to ask a few question m confused.
I came to uk back in 2006 on student visa then extended to PSW aand for hsmp i got refused and etained for a month because of deception but I had a girlfriend that time we got married and i have got Residence card 5 years.
Now my visa for Permanent Resident has been refused.
Now I am thinking to try for 10 years route i still got 3 months valid visa left.
I need good advise and suggestions please shall i go for ILR or again for PR?

Please i need advice.
To all members please read through and give me a good advice.
Thanks

[CR001]

Dear Moderator
I would like to ask a few question m confused.
I came to uk back in 2006 on student visa then extended to PSW aand for hsmp i got refused and etained for a month because of deception but I had a girlfriend that time we got married and i have got Residence card 5 years.
Now my visa for Permanent Resident has been refused.
Now I am thinking to try for 10 years route i still got 3 months valid visa left.
I need good advise and suggestions please shall i go for ILR or again for PR?

Please i need advice.
To all members please read through and give me a good advice.
Thanks

If you have a residence card, is your spouse an EU citizen?? Why was your PR refused?

[CR001]

10 years ILR does not prevent a refusal due to deception either. It is a misconception that 10 years ILR is a 'safe' route.

[Medi17]

Thanks CR001 for reply

My PR was refused coz of silly points and i believe the caseworker was not willing to give me visa based on my previous immigration history ,he mentioned that why our accountact was same for both of yous and why National Insurance contributions paid lately and my ex wife tax return were printed by the accountant so it shows current address of her so he says why its showing the current address.
I have all documents of my ex 5 years of treaty rights she worked 5 years now m stuck in the middle shall i try for ILR because in the refusal letter I have been told to apply a fresh application,Set (LR) or appeal within 14 days.
Please need a good suggestion

[Medi17]

Yes she is EU citizen

[CR001]

Thanks CR001 for reply

My PR was refused coz of silly points and i believe the caseworker was not willing to give me visa based on my previous immigration history ,he mentioned that why our accountact was same for both of yous and why National Insurance contributions paid lately and my ex wife tax return were printed by the accountant so it shows current address of her so he says why its showing the current address.
I have all documents of my ex 5 years of treaty rights she worked 5 years now m stuck in the middle shall i try for ILR because in the refusal letter I have been told to apply a fresh application,Set (LR) or appeal within 14 days.
Please need a good suggestion

PR is granted under EU rules and these are the specific requirements you have to meet. It has nothing to do with the UK immigration rules and your previous refusal.

If your spouse or ex spouse is an EU citizen, I suggest you list the details and dates of your residence card, time in the UK, when you separated or divorced etc. Without this information, no one can advise you properly.

For ILR long residence, you will need ALL the documents of the EU citizen to prove she was/is a qualified person exercising treaty rights for the FULL duration of the time you have been on a residence card.

What was the deception that HO refused your HSMP visa for??

[Medi17]

Thanks CR001
I have got full documents of her 5 years treaty rights paid National Insurance

Thanks CR001 for reply

My PR was refused coz of silly points and i believe the caseworker was not willing to give me visa based on my previous immigration history ,he mentioned that why our accountact was same for both of yous and why National Insurance contributions paid lately and my ex wife tax return were printed by the accountant so it shows current address of her so he says why its showing the current address.
I have all documents of my ex 5 years of treaty rights she worked 5 years now m stuck in the middle shall i try for ILR because in the refusal letter I have been told to apply a fresh application,Set (LR) or appeal within 14 days.
Please need a good suggestion

PR is granted under EU rules and these are the specific requirements you have to meet. It has nothing to do with the UK immigration rules and your previous refusal.

If your spouse or ex spouse is an EU citizen, I suggest you list the details and dates of your residence card, time in the UK, when you separated or divorced etc. Without this information, no one can advise you properly.

For ILR long residence, you will need ALL the documents of the EU citizen to prove she was/is a qualified person exercising treaty rights for the FULL duration of the time you have been on a residence card.

What was the deception that HO refused your HSMP visa for??

Thanks CR001

Came to uk 2006 june
PSW 2008 to 2010
HSMP Refused 2010 and deception case spend about 20 days in detention center my bank statement and college document was fake i gave all my documents to a solicitor coz i didnt know how to apply he faked my document and deception case i got detained but luckily I had girlfriend she wanted me to stay we got married
Married 2011 june

Got Resident Card: june 2012
It expires in june 2017

Divorced finalised last year in june2016
And thats for sure she is qualified I have got all the documents.
Now the question is m trying my luck so need a good suggestion what to do?
I have got SAR as well so if u need to knowore information from SAR I can provide that as well.
Now there is a section in ILR application form have u ever used deception when seeking to enter, leave to remain or applying for a right to reside?
Please let me know whats the best option i have got

[CR001]

You don't qualify for ILR based on 10 years long residence due to the gap between your PSW expiring in 2010 and your marriage to an EU citizen in June 2011. You had no automatic rights just being a 'boyfriend', your automatic rights only started on the date you married your EU spouse. ILR based on 10 years long residence requires the full 10 years to be with legal status.

There is no way that you can 'justify' the deception. You as the applicant will always be the one responsible for what is submitted to HO. Highly likely that your ILR long residence will also be refused for deception if false documents were used in a previous application.

[Medi17]

Thanks cr001 so thats what u recommend not to gor ilr so i have only one choice to apply for pr again

[CR001]

Yes, a PR application would probably best and cheaper. ILR currently costs over £2k.