10 years LR Application and Pre- Action Protocol in Parallel

[Ozone20]

I have today received a rejection letter from the Home Office. My application is based on Teir 1 Visa and i amended my tax return in 2015 before my ILR application. I initially made a same day application in February 2016 after the tax amendment and submitted 5 years SA302 but the application was rejected. I met a Solicitor who advised me to re-apply by post and include further evidence and an explanation why the self assessment was amended. I did all that and submitted fresh applicationin March 2016 and in March 2017 i was called for an interview where i was asked about the tax amendment. I explained the reason and the repeated the information i provided in my application. Today 16/10/17 i received a rejection letter through my solicitor and the reason they gave is the immigration rule 322(5). The refusal is based on retrospective tax amedment and i have been advised to apply for admin review. I know there are so many related cases on this board for tax amendment and i would really appreciate your expert advise on what option i should take to move forward.
1). I completed my 10 years long residency in May 2016, Is it possible to apply for the 10 years long residency and admin review at the same time? I intend to fight my case through long residency and possibly go through appeal process within the UK.
2). I have a two kids and one is 6 years old and my wife is a dependant on my visa. Is it possible to apply based on human right for family life. I have a mortgage and my kids are in school and i don't know how to go about this.
3). If i apply for admin review through to JR is possible they allow me to work based on my circumstance?

[Wanderer]

Did you amend your tax because you artificially raised it to get the T1G extension then lowered so as not to pay the tax?

Have to ask, it's the most common scenario in these refusals.

[Ozone20]

Not at all! It was a genuine error and they did not say my employmentis not genuine. What i need is help on how to resolve this situation.

[zimba]

1). I completed my 10 years long residency in May 2016, Is it possible to apply for the 10 years long residency and admin review at the same time? I intend to fight my case through long residency and possibly go through appeal process within the UK.

How did you complete your 10 year lawful residence if your ILR was refused in Feb 2016 ?
When you applied for your new application in March 2016 did you have a valid visa ? If not, you have been an overstayer without a section 3C since then and you did not complete lawful 10 years.

2). I have a two kids and one is 6 years old and my wife is a dependant on my visa. Is it possible to apply based on human right for family life. I have a mortgage and my kids are in school and i don't know how to go about this.

Human rights cases are difficult to argue and win without a credible reason.

3). If i apply for admin review through to JR is possible they allow me to work based on my circumstance?

If you have been overstaying, you have not had any right to work since March 2016.
JR is outside the scope of immigration rules and your case is weak. You seem to have corrected the errors merely for your ILR which makes it almost impossible to win the case

[Ozone20]

@Zimba, I still had a valid visa till March 30th 2016 when i made a fresh application for ILR on 3rd March 2016. My question to you is that can be able to argue for reinstatement of 3C if i make a new 10 year long residency? I completed 10 years long residency in May 2016 while my application was still pending with the Home Office. I started the tax amendment process in 2015 and i have email records between me and my accountant during that period and when he finally completed the amendment all taxes due was paid in full prior before i made my first ILR application in Feb 2016.
As regards to human right application i have established family life here for over 11 years with two kids and a mortgage.I know i made a genuine error and did corrected it prior before my ILR application. If what i have done outweight the family life i have built here, then i think the Home Office is heartless and treat immigrants with disdain. I will fight till end God willing.

[zimba]

It seems you have had section 3C protection. I suggest to apply for SET(LR) as soon as possible and don't waste time on AR.
This will terminate your section 3C protection and highly likely will be refused, but you might get right of appeal to argue your case in the tribunal.

[Ozone20]

Thanks Zimba! Did you say if i apply for Long residency my 3C will be terminated? If my 3C is terminated then that means i can't work and it will be very difficult to survive in this country without working. Can you please confirm if i can apply for LR and AR at the same time and what can i do about my wife who is currently my dependant from my Teir 1 visa. My intention is to apply for LR and also AR through to PAP and JR.
Also, is it advisable to go through premium service so the process can be expedited through to appeal. As you already stated that if i apply for LR it's highly likely it will be refused. So sending it by post will take much longer and would prefer same day so i can start the appeal process immediately after refusal.

[vsk]

Hi,

Sorry for your refusal,

Could you please tell me which month in 2015 the amendment done, for which year and the difference amount please.

[zimba]

You cannot apply for AR and go for new application at the same time. A new application automatically withdraws any pending AR and ends your section 3C. You either have to go for AR which gives you and your wife another extra month of section 3C or you can go straight for SET(LR) route, ending your section 3C which makes you and your wife overstayers. It is up to you if you want to go for AR but you generally will not get more than a month after which your section 3C will end after the AR refusal.

If you want to apply for new application, you need to submit two applications a SET(LR) for yourself and an FLR(M) for your wife. Bear in mind that FLR(M) has income requirement and will reset your wife's ILR clock.

[Ozone20]

@ Zimba thank you so much for your professional advise. I spoke to a Solicitor today and he advised me to apply for admin review and if the admin review is refused then i can apply for 10 years LR and for my wife FL(M).He advised that LR will be better than JR because i will have appeal rights and can argue my case with more lenient judges. He did warned that LR usually takes a long time compare to JR.
My question to you are:
1). Is it advisable to use a solicitor to apply for admin review or can i do it myself? Do i have apply for my admin review and that of my wife? the Solicitor is charging about £800 for mine and that of my wife and i'm thinking if i make the application myself then i can save the money towards LR application.
2)Will i loose my LR application right if i wait till after the admin review before making the application. I wanted to wait till after the admin review before making the application so i can still get the 3C rights pending the result of admin review.
3). Is it possible to request for 3C right under special circumstance and can it be granted. I have two kids in school and one is 6 year old. I also have mortgage, private pension and car finance and if i loose the 3C right i will loose everything as i will be able to work. The Home Office wants to turn my life upside down and they want to destroy everything i have worked for for the past several years.

[wahabishtiaq]

Hello my Friend,

I am sorry to hear your refusal, my case had been very similar. My advise is that you fight the case rather then apply LR as almost all of the LR cases even had amendments on tax are getting refused and you dont get appeal right, you can only appeal on refusal of HR which HO will automatically consider before refusing your application as you have kids. By applying JR you will not have right to work and you will be overstayer but it will be quicker then LR 10 yrs and if your elder kid gets 7 yrs old in mean time you can withdraw the JR and apply much stronger application with your son being lawfully right of being national in UK.

My case has been rejected even being lawfully in UK for 10.5 yrs with tax amends done before application and i was alleged of 322(5) and i was not given right of appeal in country. Fight the case and get the allegation removed which you are deemed of by a public organisation. Good luck and all the best.

[Ozone20]

@ Zimba are you able to repond to my earlier message below:
@ Zimba thank you so much for your professional advise. I spoke to a Solicitor today and he advised me to apply for admin review and if the admin review is refused then i can apply for 10 years LR and for my wife FL(M).He advised that LR will be better than JR because i will have appeal rights and can argue my case with more lenient judges. He did warned that LR usually takes a long time compare to JR.
My question to you are:
1). Is it advisable to use a solicitor to apply for admin review or can i do it myself? Do i have apply for my admin review and that of my wife? the Solicitor is charging about £800 for mine and that of my wife and i'm thinking if i make the application myself then i can save the money towards LR application.
2)Will i loose my LR application right if i wait till after the admin review before making the application. I wanted to wait till after the admin review before making the application so i can still get the 3C rights pending the result of admin review.
3). Is it possible to request for 3C right under special circumstance and can it be granted. I have two kids in school and one is 6 year old. I also have mortgage, private pension and car finance and if i loose the 3C right i will loose everything as i will be able to work. The Home Office wants to turn my life upside down and they want to destroy everything i have worked for for the past several years

[zimba]

1). Is it advisable to use a solicitor to apply for admin review or can i do it myself? Do i have apply for my admin review and that of my wife? the Solicitor is charging about £800 for mine and that of my wife and i'm thinking if i make the application myself then i can save the money towards LR application.

It is up to you as we cannot give such advice. As far as I see, the AR will certainly be refused on the same grounds.

2)Will i loose my LR application right if i wait till after the admin review before making the application. I wanted to wait till after the admin review before making the application so i can still get the 3C rights pending the result of admin review.

You get 14 days to apply for a new application after AR is refused (when your section 3C ends)

3). Is it possible to request for 3C right under special circumstance and can it be granted. I have two kids in school and one is 6 year old. I also have mortgage, private pension and car finance and if i loose the 3C right i will loose everything as i will be able to work. The Home Office wants to turn my life upside down and they want to destroy everything i have worked for for the past several years.

Unfortunately you cannot resurrect Section 3C after you lose it.
You should have varied your Tier 1G application to SET(LR) when you were eligible in May 2016 to improve your chances of protection under Section 3C. Now you have to wait many months possibly to get any answer for your SET(LR) or any subsequent appeal. That could take you a year or two

[Ozone20]

@Zimba and other Please i need urgent assistant. My Indefinite leave was refused on the 6th October 2017 and i received the letter on the 16th October 2017. The letter says you have 14 days to apply for administrative review. My question is that i want to know if the submission of the admin review will take effect from the date the application was refused which is on the 6th OCT or is it the date i received the letter of refusal on the 16th Oct?

[sm12]

Do you mean to ask when the 14 day period will be counted from?
I previously read that it will be counted from the day the letter was issued, plus two business days.
I think that is the assumed date of receiving the letter.

However, on this link, it says you must apply within 14 days of receiving the letter. Did you receive it using signed for/recorded delivery? If yes, then it should be easy enough to claim 14 days from 16th October.

https://www.gov.uk/ask-for-a-visa-admin ... -in-the-uk

[Ozone20]

Pls gents i need an urgent help as soon as possible. My admin review have been refused and the Home Office maintained their refusal on 322(5) due to tax amendment. Is it possible to apply for 10 years LR and Pre- Action Protocol ( JR Route) at the same time? I intend submitting LR application within the next few days and also ask my solicitor to apply for pre- action protocol. Please your advice is needed as soon as possible.

[zimba]

Yes. JR has nothing to do with immigration rules