appeal allowed after 5 yrs of legal battle

[Obie]

At least it is worth making a late notice of appeal and explaining the position, and say that you were wrongly advised. It will then be on record that you sought to remedy the error, even if the Tribunal decide to reject the late notice.

[johndoe789]

My 10 years are completing in 10 days, I am hoping to pass LIUK test next week. We are expecting our first baby in June 15.

My T1 (e) was refused on deception in December 2013. I appealed it in FTT and it was dismissed and permission to appeal in UT is pending.

I have a huge trail of emails from the bank HQ confirming my bank account details. I have copy of the last pay order which bank gave me after closing my account.

My solicitor is suggesting that now after 10 days, he will withdraw my case and upon receiving the notification of withdrawal of appeal, he will submit my fresh ILR application.

Is he approaching in right direction?

[vinny]

No.

[johndoe789]

How the appeal process works?

My first appeal to FTT dismissed, permission to appeal pending.

Applied Tier 1 ent 10/08/13
refused on 3 Jan 2014
10 years completing 12/12/14

I can apply for my ILR and if refused what option available if JR is refused again.

Me and my wife and expecting a baby in June 2015.

Please help!

[johndoe789]

67 views no reply...guys please can someone help me how the appeal process works?

What are the other options if the direct application to UTT dismissed?

[johndoe789]

Gurus,

Can I apply for fresh application for ILR on LR and also waiting for Judicial review after my permission to appeal UTT is dismissed?

Can both be done on the same time?

[rizarifpk123456]

To approach you local MP is not mandatory that you know him personally just google your constituency and you will find out who is your local MP. You can then approach them via phone or email and they will definitely help you in this regard. Also if your bank can provide you the written proof that it was their mistake may be like human error hopefully you should get through this. A Paksitani bank should be able to provide you the right statement with correct dates if you have someone back home with good PR's.

[farooq300]

U can apply ILR before 28 days
Now u are eligible to put new application
& withdrawal appeal
Kindly do it asap
If u can't get any information from this forum then u should have to contact solicitor don't waste time

[Olasunkanmi]

@ johndoe789, do not rush into applying for your ILR without sorting out the deception accusation first.

If the FTT permission to appeal got refused, you can appeal directly to the UT.

[Frontier Mole]

You keep going round in circles by asking the same question.

Yes you can apply for ILR.
Will it be refused - Yes
Will you have an opportunity to appeal your ILR refusal - Yes
Will you have any chance of winning your ILR appeal - No as you will still be treated as a deceptive applicant from the Tier 1 Ent application.

Do the gurus on the site believe that your solicitor is offering you good advice - No

Have you any other choice but to apply for ILR to remain in the UK - appears not.

So as long as you know that the ILR route will lead you down a path with little or no chance of sucess and that you will probably not gain anything from it other than a prolonged stay in the UK prior to removal, then you are going into that process with your eyes open. If by some miracle you suceed then good luck to you.

IMHO you are not going to suceed without overturning the deception issue, your current position is that you are a million miles away from doing that. Once you try the ILR route you are closing the door on that chapter by implicitly saying you accept the refusal and the fact that the court upheld that refusal. The ILR case is open and shut based on deception and all you would really be left with is arguably trying to get UKVI to give you discretion on the deception. That is not going to happen and your dismissed court case will support that thinking.

While you protest your innocence and point the finger of blame at your bank, to be honest no one really cares. Callous though that sounds if you can not provide the evidence to overturn the original refusal then there is no hope of a continued stay in the UK. Your case unfortunately is one of thousands in the same position and the courts have become very jaded with the same claim over and over. The money is there but an error from the bank is the problem....
You may very well be one of the very few that did have the money and there was a genuine error but in the face of overwhelming abuse with fictitious accounts, make believe bank letters and questionable sources of funds you are fighting against balance of probability odds that are dramatically not in your favour.

I wish you luck and hope the outcome is the right one.

[Zee ali]

You keep going round in circles by asking the same question.

Yes you can apply for ILR.
Will it be refused - Yes
Will you have an opportunity to appeal your ILR refusal - Yes
Will you have any chance of winning your ILR appeal - No as you will still be treated as a deceptive applicant from the Tier 1 Ent application.

Do the gurus on the site believe that your solicitor is offering you good advice - No

Have you any other choice but to apply for ILR to remain in the UK - appears not.

So as long as you know that the ILR route will lead you down a path with little or no chance of sucess and that you will probably not gain anything from it other than a prolonged stay in the UK prior to removal, then you are going into that process with your eyes open. If by some miracle you suceed then good luck to you.

IMHO you are not going to suceed without overturning the deception issue, your current position is that you are a million miles away from doing that. Once you try the ILR route you are closing the door on that chapter by implicitly saying you accept the refusal and the fact that the court upheld that refusal. The ILR case is open and shut based on deception and all you would really be left with is arguably trying to get UKVI to give you discretion on the deception. That is not going to happen and your dismissed court case will support that thinking.

While you protest your innocence and point the finger of blame at your bank, to be honest no one really cares. Callous though that sounds if you can not provide the evidence to overturn the original refusal then there is no hope of a continued stay in the UK. Your case unfortunately is one of thousands in the same position and the courts have become very jaded with the same claim over and over. The money is there but an error from the bank is the problem....
You may very well be one of the very few that did have the money and there was a genuine error but in the face of overwhelming abuse with fictitious accounts, make believe bank letters and questionable sources of funds you are fighting against balance of probability odds that are dramatically not in your favour.

I wish you luck and hope the outcome is the right one.

Well said @Frontier Mole

Some people don't get simple things in their head.

[johndoe789]

I have completed my lawful 10 years and but my visa was refused on the basis of deception.

Is there anyone in similar case, who has completed 10 years and still trying to clear the deception mark from his/her shoulders.

[bruteforce]

If you have used deception then no chance & if you have not, then prove it before the court. (if you do go to court)

[vinny]

Is there anyone in similar case, who has completed 10 years and still trying to clear the deception mark from his/her shoulders.

Example of refusal.

[addi127]

SORRY TO HEAR THAT WHATS THE REASON FOR DECEPTION..

[Legal83]

Hi,

could you please share what was the deception on you, while applying for ILR

Regards.

[johndoe789]

Please find my refusal details in the following link.

http://www.immigrationboards.com/indefi ... l#p1099672

I have already completed my lawful residence in the UK in December 2014.

I am going for the permission of appeal in UT directly.

Good news I have received a letter from the bank in which confirms my bank account details.

Vinny,

My appeal was refused in the FTT on the point that I didnt have any letter(s) from bank but lots of emails and bank pay order. The judge asked me if I had any letter from the bank. In the refusal letter he also mentioned that if I had any letter then the situation would be different.

Now I had the letter which confirms my genuineness of my account. But on the letter, the person didn't mention his name but I have DHL receipt that it was posted my the bank. I have asked the bank again to issue another letter.

How can I now convince the judge as I am in the process of permission to appeal and that new letter can change the situation. I don't need to have Tier 1 ent visa, I only need deception to be removed from my shoulders. 4

Please help.

Regards

[johndoe789]

I m planning to apply for the ILR application by withdrawing the pending appeal. If for any reason my ILR is refused am I still be given right of Appeal under s92 art 4a Nationality, Immigration and Asylum Act 2002.

http://www.legislation.gov.uk/ukpga/2002/41/section/92

I was refused on deception on tier 1 ent. I have completed 10 years.

I read on this forum that once the appeal rights exhausted no more right of appeal and what are the options after then. Is JR helpful? What about human rights grounds? 10 years in the UK and all the qualification and skills are UK based only. i.e. UK taxes, accounting etc.

Help needed from Gurus.

Regards

[johndoe789]

78 views no comments yet..

[johndoe789]

Hi,

I have applied permission to appeal to UT after my permission to appeal to FTT for UT was dismissed, my solicitor only mentioned 3 points in the letter.

1. Evidence not properly considered by the FTT judge as there was a strong evidence.
2. Explaining the evidence and adding a new evidence [Solicitor told me that this wont be accepted, I asked him if he could put it there as if I had this letterin FTT from bank, FTT could have given the judgement in my favour.
3. Raising the issue of Human rights as this was neither discussed by any previous judge.

My solicitor said that there are more chances of getting permission to appeal but only on Human grounds not on other issues.

Senior members what you do think, would i get the permission to appeal in UT?

[johndoe789]

89 views no comments yet?

[sajnan]

it totally depends on the judge. I wish n pray for u to get the permission.

[johndoe789]

Hi,

I have applied my ILR and my wife's FLR[M] two weeks ago.

I am concerned on my wife's documents regarding my salary of £18,600. Please advice.

I resigned from my work last July 2014. My contract was £32,000 which started in January 2010. From 6 April 2014 to 22 July 2014, I earned £9,890, after that I opened my own accountancy practice and earning from there. Most of our clients pay in cash which I ultilised form time to time. I only deposit them if there is any business expense to pay.

I took cash dividends from my company £1,500 pm from August 2014 to 5/04/2015. I reported these dividends and salary on my personal tax return and I provided the Sa302 to support this.

I also submitted my business two years submitted financial statements in which the dividends are reported and corporation tax has been paid.

I also employed my wife in my owned company at £10,000 per anum. I run her payroll and submitted her payroll info under RTI. She is also taking cash wages as she do not have bank account because our passport is with HO for the last 2 years and she is here only 2.1 years.

She is on maternity pay from this April 2015.

Following docs has been submitted;

Two years financial statements,
Two years Corporation tax return and computation
Personal tax return and SA302
Wife's payslips of previous 6 months
Dividends vouchers from August 2014 to 05/04/2015
HMRC letters confirming my wife's pay details previous 6 months
Accountants letter confirming the financial statements
Employer letter [my business] to explain why my wife is taking cash wages
Business bank statements covering the period


Please advice! Am I missing anything?

regards

[johndoe789]

Gurus plz help

[vinny]

Did the UT refuse permission to appeal?