Is 13 years long residence with deception possible?

[Louise56]

Hello all,
Please I need your advises urgently I am depressed and fed up with my situation:
Below is my immigration history:

1-Entered the UK (England) legally in 2005 on student visa

2-After all renewals were successful until 2013

3- In 2013 I applied for T1 General, it was refused and I was arrested for deception and put in detention.
12 days after I was released and I used the opportunity to log in the appeal against the deception.

4- In parallel I apply for parent visa 5 years route because I have a son with my ex-partner who is British national, he is 10 this year. Visa was granted but on 10 years route instead. I withdraw my appeal against the deception case because I was planning to apply for LR the following year.

5- In 2015 I applied for ILR on long residence 10 years continuously residence. This was refuse due to my previous deception (322(2)) and I was given 2.5 years instead due to my tied with my son. No right of appeal; I went for judicial review but the judge did not grant me permission to proceed with the JR.

6- In 2017 I went for premium service to apply for 5 years route parent, again the case worker decide to grant me stay on 10 years route saying I did not have all the financial documents at that time to meet the eligibility of 5 years route.

7- Now, I need to apply for long residence again, I have no gap in my stay (13 years residence legally) but I have a deception which I never clear. No criminal conviction, my CRB is clear.

Please moderators, senior moderators and other members of the forum, kindly let me know what is my change of having indefinite leave to remain on 13 years long residence with a past deception which was already used to refused previous application

Thanks all for your understanding and cooperation, your advices are welcome and will be more much appreciated

[CR001]

There is no '13 years long residence' route. It is 10 years long residence.

What was the deception HO said you used?

[Louise56]

There is no '13 years long residence' route. It is 10 years long residence.

What was the deception HO said you used?

Dear CR001,
Allow me to thanks you for your interest on my case. It was a counterfeit bank statement. I was arrested and released after 12 days.
Thanks

[CR001]

Using F A K E documents in past applications might affect your ILR application.

[Louise56]

Using F A K E documents in past applications might affect your ILR application.

Thanks for your reply, my initial ILR 10 years was refused in 2015 on basis of fake document used in 2013.
The HO accepted that I had no gap on my 10 years long residence but refused under 322(2). If I apply again, can the HO still used the same reason to refuse? would it not be unlawful?

Thanks

[CR001]

Yes they can use the same reason as HO takes the use of F A K E documents very seriously. No it would not be unlawful.

If you did in fact use F A K E documents, then there is nothing you can do to fix that.

If you DID NOT use F A K E documents, you should have challenged HO at the time to prove your innocence.

[Louise56]

Yes they can use the same reason as HO takes the use of F A K E documents very seriously. No it would not be unlawful.

If you did in fact use F A K E documents, then there is nothing you can do to fix that.

If you DID NOT use F A K E documents, you should have challenged HO at the time to prove your innocence.

Thanks for your response

[Louise56]

Thanks for your response, I never used fake document. I wish I solved this issue at the time. Please let me explain you clearly what happened

In 2013 I applied for Tier 1 visa and I never received any response from HO. In August of the same here police and immigration officers knocked on my door and I got arrested. I was told that day that my application has been refused and I am a subject of imminent removal. On the refusal letter, it was written no right of appeal.

In detention, I got a lawyer, who applied for a visa as parent of Brits child. And I was released on bail after 11 days in detention.

2 days after been released my lawyer told me the HO has abused their position of power. They should have given me the right of appeal and they should not in any case arrest me without giving me the right of defending myself on their accusation.
The following day I applied to the court for the right to appeal and explained clearly why the appeal is late. Few days after I received a letter from court to say the permission of right of appeal has been granted because the HO should have given me the right of appeal.

Now, I need to know if in those year of 2013; when the HO did not give a right of appeal by abuse and later the court override their decision and grant the applicant the right of appeal. Having the right of appeal in this case mean the applicant is covered by any of the section 3C -3D?
Please I need your opinion on this

Thanks all for your understanding and cooperation