Ilr refused

[Tension_2016]

Dear members and moderators
Today my friend visa for ilr refused on tier 1 general
Applied in October 2016 at premium service but hold for further checks after 6-1/2 month call for face to face interview in Cardiff office
Now they refused the application 245 cd and 322 and reason is for amendments.
My questions is we met different solicitors all have a different opinion on :
1. That his long residency has been finished due to deception and he cannot apply for LR
2. Some solicitors said we can apply any application and also apply for JR but some said that if we apply new application under any category we cannot apply for jR to remove deception
Could anyone please help us and guide what options we have
Thanks

[MALIK336]

NOTHING GO BACK TO COUNTRY

[Tension_2016]

NOTHING GO BACK TO COUNTRY

thanks for your time

[Casa]

NOTHING GO BACK TO COUNTRY

No need to post in capitals, it's considered to be the online equivalent to shouting. Also please post with respect and without judgement, or refrain from commenting.

Note that you are already on 'thin ice' on the forum, one step away from your membership being terminated

[Wanderer]

Dear members and moderators
Today my friend visa for ilr refused on tier 1 general
Applied in October 2016 at premium service but hold for further checks after 6-1/2 month call for face to face interview in Cardiff office
Now they refused the application 245 cd and 322 and reason is for amendments.
My questions is we met different solicitors all have a different opinion on :
1. That his long residency has been finished due to deception and he cannot apply for LR
2. Some solicitors said we can apply any application and also apply for JR but some said that if we apply new application under any category we cannot apply for jR to remove deception
Could anyone please help us and guide what options we have
Thanks

Is he guilty or not guilty of deception?

[CR001]

NOTHING GO BACK TO COUNTRY

If you have no constructive or decent advice to offer, please refrain from posting such comments as above, it is not necessary and can be offending. All members asking for help or advice deserve to be treated with respect.

[CR001]

Under which sub category of 322 has he been refused?

[Tension_2016]

Under which sub category of 322 has he been refused?

Thank you CR001
Reason of refusal 322(5) of part 9
And 245 cd of part 6 A
And if you need further please tell me how to attach the letter
Thanks

[CR001]

Can you type the letter out (without any personal details)?

[Tension_2016]

Can you type the letter out (without any personal details)?

As your application has been refused under general grounds paragraph 322(5) then you do not meet the requirements of 245cd(b) if immigration rules.
Your application for ilr as a tier 1 general migrant is refused under paragraph 245cd(b) as the requirements of paragraph 245cd(b) of part 6a with reference to paragraph 322(5) of part 9 of immigration rules have not been met.

Thanks

[CR001]

What is he story then, did he deceive HO by declaring inflated income to get the points and qualify for an extension and then suffer 'losses' as soon as he got his visa and declared less to HMRC to pay less tax, resulting in an urgent 'amendment' for ILR purposes?

[Tension_2016]

What is he story then, did he deceive HO by declaring inflated income to get the points and qualify for an extension and then suffer 'losses' as soon as he got his visa and declared less to HMRC to pay less tax, resulting in an urgent 'amendment' for ILR purposes?

Yes CR001 he just did only one amendments for 2010-11 in 2015

[Tension_2016]

And amendments was done before apply ilr application in October 2016 at premium service and also paid full tax .
In interview he been asked about the amendments and submitted amended calculations to case worker
Case worker told him that he will verify these documents from hmrc but at the end he refused
Now his kids are here 5 years and 10 months
But he has already completed 10 years
Thanks

[CR001]

Did he inflate his income for his extension?

How long has he been in the UK and what is his full immigration history?

When did his visa expire?

Has he been given the option of AR?

What was the difference in income declared to HO and that which he declared to HMRC for tax purposes?

He does realise he is not permitted to work now at all and if there is deception imposed on him, he will struggle to get another category of visa.

He can go for JR. This process is outside of the immigration rules and forms part of the judiciary process not HO process.

Unfortunately, many Tier 1 General migrants who abused this little loophole to gain points for extensions back then have been caught out in the last 18 months and it has left their immigration with a black mark against their name. Very few, and I mean very few, have been successful with the very expensive JR process.

He clearly did the amendments because he realised the mess he was in, like the majority of self employed T1G applicants when preparing for ILR.

[Tension_2016]

Did he inflate his income for his extension?

How long has he been in the UK and what is his full immigration history?

First student visa April 2007 to 30 June 2008
Then applied for extensions on time granted upto 30 September 2009

Psw 12 October 2009 to 12 October 2011
Tier 1 general application approved on 18/3/2011 until March 2013

Then he applied 20/02/2013 for extension of tier 1 general at premium service which was refused on 25/4/2013 and then appealed and granted visa upto 05/08/2017
When did his visa expire?

Has he been given the option of AR?

Yes

What was the difference in income declared to HO and that which he declared to HMRC for tax purposes?

Income threshold was £56250 in 2010-11
But hmrc confirmed £26450

He does realise he is not permitted to work now at all and if there is deception imposed on him, he will struggle to get another category of visa.

He can go for JR. This process is outside of the immigration rules and forms part of the judiciary process not HO process.

Unfortunately, many Tier 1 General migrants who abused this little loophole to gain points for extensions back then have been caught out in the last 18 months and it has left their immigration with a black mark against their name. Very few, and I mean very few, have been successful with the very expensive JR process.

He clearly did the amendments because he realised the mess he was in, like the majority of self employed T1G applicants when preparing for ILR.

[CR001]

Income threshold was £56250 in 2010-11
But hmrc confirmed £26450

This is a substantial difference. Had he not inflated his earnings, he would not have qualified for a Tier 1 General visa. What is his reason or justification for such a huge discrepancy?

I would suggest use the AR option even if just to buy time.

[Tension_2016]

Income threshold was £56250 in 2010-11
But hmrc confirmed £26450

This is a substantial difference. Had he not inflated his earnings, he would not have qualified for a Tier 1 General visa. What is his reason or justification for such a huge discrepancy?

I would suggest use the AR option even if just to buy time.

Yes he is applying for AR and it will be decided in a month with same time what other options we have and how long it take to get decisions in JR and approximately cost to apply for JR
Thanks CR001 for your prompt answering really helpful .

[CR001]

JR can costs thousands and if he loses, which is likely, he will have to pay HO costs too. JR can take many months and he is now and will be considered an overstayer unless JR result is in his favour.

[Tension_2016]

JR can costs thousands and if he loses, which is likely, he will have to pay HO costs too. JR can take many months and he is now and will be considered an overstayer unless JR result is in his favour.

Can he apply under LR route if yes which category his family will apply
And during his LR application for continuity of legal stay can he apply JR to remove deception
Thanks

[CR001]

Long residence ILR could be refused for the same reason.

Unless he goes for AR, he has no Section 3C protection

Presumably his dependent's visas have also expired, which complicates things even more. Did they apply for ILR with him?

[Tension_2016]

Long residence ILR could be refused for the same reason.

Unless he goes for AR, he has no Section 3C protection

Presumably his dependent's visas have also expired, which complicates things even more. Did they apply for ILR with him?

No CR001 he did not apply because his family visa will be expired on 05/08/2017

And another question for myself my application for ilr under tier1 general is in process. Had interviewed in 1st week of April I also did the amendments
My questions is for safe side my child has completed 7 years and I have also completed 10 years in March 2017
Can I switch my wife and child only application on 7 year route and if decision on my application come against me their route will be separated and what is the procedure to switch family application on flr fp
Thanks

[jarraj1102]

Long residence ILR could be refused for the same reason.

Unless he goes for AR, he has no Section 3C protection

Presumably his dependent's visas have also expired, which complicates things even more. Did they apply for ILR with him?

No CR001 he did not apply because his family visa will be expired on 05/08/2017

And another question for myself my application for ilr under tier1 general is in process. Had interviewed in 1st week of April I also did the amendments
My questions is for safe side my child has completed 7 years and I have also completed 10 years in March 2017
Can I switch my wife and child only application on 7 year route and if decision on my application come against me their route will be separated and what is the procedure to switch family application on flr fp
Thanks

Hi Tension_2016,

Sorry to hear about your friends situation .Unfortunately in your case too, the possibility of your application being rejected is quite high . I am in a similar situation, if you are active on similar forums related to tax amendments you would find that generally applicants have been successful in challenging HO's decision on 322(5) grounds for Tax amendments in JR. So it is not a bleak picture as others seem to paint. Also it is also a fact that many applicants who did not even bother to pay their tax dues have been given their ILR (This is clearly evident from cases posted on this forum) So does that mean HO has been correct in those decisions? No is the short answer.

Now your option is to fight and prove that amending tax returns is not deception . If others before you have proved that in front of the court so can you, so don't loose hope. I also understand the JR process is expensive, but what is not with HO. The application fee they charge is ridiculous for the service they provide. They also sit on applications for months and sometimes years without no regards for applicant's personal and professional life. There is a general notion that whatever HO does is right and whatever a applicant does is wrong. In my case the salary figures, dates, basically everything they stated on the rejection letter is wrong , in spite of me providing them will all the needed supporting documents. Having compared many rejections, i can clearly see they just copy and paste rejections if there are tax amendments.

So my suggestion would be

1. Go on the JR route and do not try to vary your application - Why?
Because any future application will be rejected based on current deception on your file. And also if you take the appeal process in LR , it would take the least 18 months for a result.There is no guarantee that you will get your ILR with tax amendments on LR.JR usually takes much less time.The only advantage if you vary your application to LR before rejection on your current SET(O) is you can work during the appeal process if the application is rejected.

2. Take the service of a good solicitor/barrister , who has previous experience of such cases. And please do your own research on what is happening in similar cases and how the cases are being won in the court.

Stay strong and Good luck

[Tension_2016]

Long residence ILR could be refused for the same reason.

Unless he goes for AR, he has no Section 3C protection

Presumably his dependent's visas have also expired, which complicates things even more. Did they apply for ILR with him?

No CR001 he did not apply because his family visa will be expired on 05/08/2017

And another question for myself my application for ilr under tier1 general is in process. Had interviewed in 1st week of April I also did the amendments
My questions is for safe side my child has completed 7 years and I have also completed 10 years in March 2017
Can I switch my wife and child only application on 7 year route and if decision on my application come against me their route will be separated and what is the procedure to switch family application on flr fp
Thanks

Thank you very much for your positive and encourging advice yes that was my also opinion but could you please tell me how long it to get JR decision
Thanks

Hi Tension_2016,

Sorry to hear about your friends situation .Unfortunately in your case too, the possibility of your application being rejected is quite high . I am in a similar situation, if you are active on similar forums related to tax amendments you would find that generally applicants have been successful in challenging HO's decision on 322(5) grounds for Tax amendments in JR. So it is not a bleak picture as others seem to paint. Also it is also a fact that many applicants who did not even bother to pay their tax dues have been given their ILR (This is clearly evident from cases posted on this forum) So does that mean HO has been correct in those decisions? No is the short answer.

Now your option is to fight and prove that amending tax returns is not deception . If others before you have proved that in front of the court so can you, so don't loose hope. I also understand the JR process is expensive, but what is not with HO. The application fee they charge is ridiculous for the service they provide. They also sit on applications for months and sometimes years without no regards for applicant's personal and professional life. There is a general notion that whatever HO does is right and whatever a applicant does is wrong. In my case the salary figures, dates, basically everything they stated on the rejection letter is wrong , in spite of me providing them will all the needed supporting documents. Having compared many rejections, i can clearly see they just copy and paste rejections if there are tax amendments.

So my suggestion would be

1. Go on the JR route and do not try to vary your application - Why?
Because any future application will be rejected based on current deception on your file. And also if you take the appeal process in LR , it would take the least 18 months for a result.There is no guarantee that you will get your ILR with tax amendments on LR.JR usually takes much less time.The only advantage if you vary your application to LR before rejection on your current SET(O) is you can work during the appeal process if the application is rejected.

2. Take the service of a good solicitor/barrister , who has previous experience of such cases. And please do your own research on what is happening in similar cases and how the cases are being won in the court.

Stay strong and Good luck

[sam2017]

Hi

Tension_2016

I am also in same place been waiting for my file more then 1 year and 6 month (9 months out of work).with 322(5) 245cd.

Awaiting JR hearing date and has spend quite a bit and preperaing my self for onther application fees and may be year old waiting.

well but yes i am agree with jarraj1102,Even Loose JR deception or Bad Charactor can be resolved.

but yes people need to share thier experience even if they won or loose JR!

[sam2017]

JR could take anything between 3 months to 6 months. and dependes on solicitors start from £1600 to anything plus ho cost may start from £800 if loose JR