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Hi All,
I have my friends case, he got refusal for ~ILR applied under tier 1 HSMP category. His reasons for refusal was under paragraph 245CD as he has failed to meet the requirement of paragraph 245CD (b) & (g) with reference to paragraph 19(i) (j) (iv) and 322 (5) of the Immi8gration rules.

Timeline:
First refusal 07/06/16
AR refusal 25/07/16
Section 120 29/07/16
JR filed 17/10/16

Just need to ask if he can work when JR is applied.

HI,

I don't think you friend can work when JR is in process.
I am in same situation , waiting AR , Spoke to few solicitors and they told me when AR refused then Section 3c ends.

Thanks
Kiran

I very much doubt that anyone on the forum has the specific sections of the Immigration Rules programmed into their memory.

Do you want to make it easy and explain the reasons for your friend's refusal

Casa wrote:I very much doubt that anyone on the forum has the specific sections of the Immigration Rules programmed into their memory.

Do you want to make it easy and explain the reasons for your friend's refusal

+1, just the thought of having to look them up and read them puts me off responding

Thanks for the reply guys,

I will post the refusal soon after getting the doc from him. But anyone can send a link saying he cannot work as this will a serious offense.....

We need the reasons for refusal first

Hi i am in same situation. I got same same type of refusal and i am going to apply my ar next week. Your friend had right to work only upto ar result . After ar there is no right to wirk and stay is going to be illegal. If jr result positive then this time period will be counted as legal stay. Even if he will put bew application still its going to be without right to work until the final decision will not made.

Satinder25 wrote:Hi All,
I have my friends case, he got refusal for ~ILR applied under tier 1 HSMP category. His reasons for refusal was under paragraph 245CD as he has failed to meet the requirement of paragraph 245CD (b) & (g) with reference to paragraph 19(i) (j) (iv) and 322 (5) of the Immi8gration rules.

Timeline:
First refusal 07/06/16
AR refusal 25/07/16
Section 120 29/07/16
JR filed 17/10/16

Just need to ask if he can work when JR is applied.

Thanks for the reply guys,

below are the reasons he provided;

“You have provided a letter from your representatives confirming that amendments
have since been made to HMRC with regards to your earnings during the 2012, 2013
and 2014 tax years, it further states that any discrepancies have occurred on behalf
of your then accountants. However; based on the above information and taking into
account the large disparity in earnings claimed to HMRC and the Home Office for the
same period the Secretary of State is not satisfied that this is an unintentional error
for which you hold no responsibility. It is however accepted that you have
deliberately claimed higher earnings in your application dated 9th June 2013 in order
to obtain Leave to Remain in the United Kingdom.

Consequently your application will be refused under Paragraph 322 (5) of the
General Grounds for Refusal based on your, character, conduct and associations.
Although the use of Paragraph 322 (5) is not a mandatory refusal the evidence
exhibited within your application determines that you have either falsely inflated
your earnings for the purpose of gaining leave in the United Kingdom, or, have
deliberately failed to declare earnings to HMRC for the avoidance of any tax
liabilities.

Now he has put Interim injunction

Please give your valuable advise

Well did he 'fudge the books' and inflate earnings to gain leave to remain and qualify for Tier 1 G extension?

Did he immediately after gaining his extension visa, suddenly have a 'loss' and declare less to HMRC to reduce his tax liability?

Seems pretty clear cut to me.

Latest info,

Judge has taken the case out of JR and have asked HO to make decision within 3 months time and have asked them to sort it out as it's an administrative errors.

More info to follow.

Satinder25 wrote:Latest info,

Judge has taken the case out of JR and have asked HO to make decision within 3 months time and have asked them to sort it out as it's an administrative errors.

More info to follow.

Hi Satinder25
Thanks for the information until now
What stage did the judge say that ! Oral or written

Thanks

Hi

It's written and have asked HO to report the decision to the court.

Satinder25 wrote:Hi

It's written and have asked HO to report the decision to the court.

Please check you pm

Thanks for the reply

[quote="Satinder25"]

dear Satinder or anyone else how can urgently help please

hope you there to help me, I have got a refusal under the same category with 322(5). my case are exactly same like your friend. I had to amend my tax return with hmrc as i had error with the initial submission. could you please hemp me with advice please? what to do and how your friend overcome the problem please.

thanks
Cfn

Hi,

He fought in the court, HO gave them in their favour. Whole process was 7-8months

Thanks you so much Satinder. I am in need of your great help. Is there any contact details I can get please. I need some consultation with your friend please.

If you or your friend is happy to help than how can I get the contact email or number please.


Thanks once again.
Cfn

Cfn wrote:Thanks you so much Satinder. I am in need of your great help. Is there any contact details I can get please. I need some consultation with your friend please.

If you or your friend is happy to help than how can I get the contact email or number please.


Thanks once again.
Cfn

Strongly suggest you read the forum rules, after 2 posts since joining you are already asking members to post contact infor. Members are NOT permitted to post contact information in any form on the forum (social, email, telephone). Any such information will be removed and the user issued a final warning.