10 year ILR after previous spouse visa succeed

[ukishometoo]

Dear members,

I have 2 questions regarding my application for the ILR in the coming month based on 10ys continue residency.

A brief of the previous immigration history complication,

1.Applied ILR in 2015based on T1 5ys, this was refused due to a careless mistake on tax filing resulting a discrepency, which was rectified immediately after the refusal. HO used 322(2) and 322(5) in the refusal.

2.Then applied as spouse of a settled person, refused again with an appeal right based on Human RIght.

3. Appealed and allowed, Judge also ruled that there was no element of dishonesty for the tax issue.

My questions are:

1. Should I go in person application or postal? I heard only straightforward case should apply in person.
2. If Judge had ruled out the deception in the decision, can caseworker ignore Judge's decision?

Many thanks for your kind advice.

[Obie]

Did the judge have jurisdiction to deal with the tax issue, was it an issue that was live before him following the refusal or he was making a mere obiter statement in passing.

[ukishometoo]

Did the judge have jurisdiction to deal with the tax issue, was it an issue that was live before him following the refusal or he was making a mere obiter statement in passing.

Hi Obie, thanks for the reply, the tax issue was heard before the judge, and there were specific paragraphs in the decision letter for his finding that the tax discrepancy was genuine, although careless, mistake which the judge also agree.