Deception removed after AR

[rchadha123]

Hi

I am writing this on behalf of my friend. He applied for ILR on the basis of 5 years on Tier 1 G visa and got refused due to HMRC records not matching income declared to Home Office. UKVI refused under paragraph 245CD (b) (e) and (g) with refrence to General Grounds of Refusal under Paragraph 322 (2A) and 322 (5) in immigration rules.
Home office have maintained the refusal in their AR decision but have removed paragraph 245CD (b) and paragraph 322 (2A) and paragraph 322 (5). However,they are still satisfied that a refusal under paragraph 19 (i) and 19 (j) is appropriate, with reference to paragraph 245CD (e) and (g) of the Immigration Rules.
Can you please suggest what should be his next step? i.e. Going for JR or making a fresh application for ILR?

He is within the 28 days from the date of AR decision so should have Section 3C.

Thank you in advance

[Casa]

JR as the refusal will still stand for any future ILR application.

[UKBALoveStory]

JR as the refusal will still stand for any future ILR application.

Not challenging your suggestion but just trying to understand why it will stand for any FUTURE ilr applications as deception is now removed after AR?

[Casa]

Please feel free to challenge my opinion. I wasn't referring to the deception, but to the remaining reason for the refusal. If it stood as valid in this application I believe it would be relevant to a refusal in a future ILR application unless this was addressed. But perhaps the OP feels they are able to do this.

[TechBro]

You said

He is within the 28 days from the date of AR decision so should have Section 3C.

.

If his visa has expired and his AR is refused, then he has only 2 days covered with Section 3C.

To calculate the date on which your leave expires you need to look at the date the unsuccessful Administrative Review has been sent and add two business days (this doesn’t include weekends or bank holidays). This would be the date that your leave expires and the date from which you would then calculate.

[rchadha123]

TechBro
Thanks for correcting me on Section 3C.
Can he still not make new application within the 28 days period of overstay? As my understanding was he could.

Casa and UKBALoveStory
Thanks for your suggestions and comments.
Just to provide some more details, his 2010-11 self-employed tax has now been amended by HMRC and he plans to pay the tax in full before the JR or new application.
His 2012-13 data was already updated by his second employer prior to ILR application, however, UKVI still could not find the tax paid by the employer on the HMRC system (even though the employer has given him copy of the P35 amendment).

So in his opinion everything should be sorted before the new application. He is more inclined to making a new application, as the court might not consider new evidence such as, P35 and tax amendments which were not provided with the previous application.

[UKBALoveStory]

TechBro
Thanks for correcting me on Section 3C.
Can he still not make new application within the 28 days period of overstay? As my understanding was he could.

Casa and UKBALoveStory
Thanks for your suggestions and comments.
Just to provide some more details, his 2010-11 self-employed tax has now been amended by HMRC and he plans to pay the tax in full before the JR or new application.
His 2012-13 data was already updated by his second employer prior to ILR application, however, UKVI still could not find the tax paid by the employer on the HMRC system (even though the employer has given him copy of the P35 amendment).

So in his opinion everything should be sorted before the new application. He is more inclined to making a new application, as the court might not consider new evidence such as, P35 and tax amendments which were not provided with the previous application.

IMHO, new postal application is the way to go because of the following reasons
a) HO has removed deception, so now, any automatic failure clause of new application(s) is not there.
b) he can easily prove with additional documents that there is no issue with his tax matters.

so in my opinion, apply by post, send everything that he have, make a clear cover letter explaining the case and documents attached. If he need some more time to send some other documents send them once he has received an acknowledgment but apply asap ideally within 2 days ( if the above opinion is correct).

[rocktheparty]

Hi

I am writing this on behalf of my friend. He applied for ILR on the basis of 5 years on Tier 1 G visa and got refused due to HMRC records not matching income declared to Home Office. UKVI refused under paragraph 245CD (b) (e) and (g) with refrence to General Grounds of Refusal under Paragraph 322 (2A) and 322 (5) in immigration rules.
Home office have maintained the refusal in their AR decision but have removed paragraph 245CD (b) and paragraph 322 (2A) and paragraph 322 (5). However,they are still satisfied that a refusal under paragraph 19 (i) and 19 (j) is appropriate, with reference to paragraph 245CD (e) and (g) of the Immigration Rules.
Can you please suggest what should be his next step? i.e. Going for JR or making a fresh application for ILR?

He is within the 28 days from the date of AR decision so should have Section 3C.

Thank you in advance

Hi
What are 19(i) and 19(j) rules? I was unable to find them.

[rchadha123]

rocktheparty

It should read appendix 19(i) and (j):
https://www.gov.uk/guidance/immigration ... attributes

[rchadha123]

Thanks UKBALoveStory

He should submit all documents he submitted previously in this new application, along with:
- Cover letter
- Paperwork from HMRC confirming that owed tax for 2010-11 has been paid
- Employment History letter from HMRC showing 2012-13 taxes were already paid

Would he need to add any more documents?


Dear all,

As rightly pointed out, he does not have Section 3C as his AR has been refused. Can you please confirm if new applications can be submitted within his 28 day overstay period?

[rchadha123]

Could someone please help answer the above questions?

[UKBALoveStory]

Could someone please help answer the above questions?

These links might be helpful

https://www.gov.uk/government/uploads/s ... w-v7_0.pdf


https://www.gov.uk/government/uploads/s ... ve-6_0.pdf

[rchadha123]

Thanks UKBALoveStory

Along with the mandatory documents, would the below documents be sufficient?

- Cover letter
- Paperwork from HMRC confirming that owed tax for 2010-11 has been paid
- Employment History letter from HMRC showing 2012-13 taxes were already paid

[Ajay009]

@rchada123 and all: once AR is refused, can we able to reapply ILR again? If so, can I know exactly within how many days do we have to apply?

[Ajay009]

Thanks UKBALoveStory

Along with the mandatory documents, would the below documents be sufficient?

- Cover letter
- Paperwork from HMRC confirming that owed tax for 2010-11 has been paid
- Employment History letter from HMRC showing 2012-13 taxes were already paid

Hi rchadha123,

Can you please update status on your new ILR application??

[monty87]

@rchada123 and all: once AR is refused, can we able to reapply ILR again? If so, can I know exactly within how many days do we have to apply?

Once AR is refused you can apply new application within 14 days.

[TechBro]

@Monty where is the reference that you can apply within 14 days after AR refusal?

[monty87]

@Monty where is the reference that you can apply within 14 days after AR refusal?

It says on the Admin refusal letter to apply within 14 days of receiving Admin review refusal. What HO is doing is basically splitting 28 days from the time to refuse any application. 14 days to apply for administrative review and 14 days to apply for any other category after Admin review refusal. Your application will be invalid if you don't apply within 14 days incase your leave to remain has expired.

[Ajay009]

@rchada123 and all: once AR is refused, can we able to reapply ILR again? If so, can I know exactly within how many days do we have to apply?

Once AR is refused you can apply new application within 14 days.

@Monty87: thank you for your reply.