Tier 1 refusal and ILR LR application

[wahabishtiaq]

Hi wise people;

Hope you are well.

I would like to get some opinion on my case.

Tier 1 refusal on tax amendments 322(5) general refusal not mandatory (1/7/16)
Going for admin review in next couple of days with additional sa302 of amendments (amendments were done before application)

Seemed advise for couple of solicitors and few suggestions came forward ;
Go for ar in time
Apply for ILR LR as I became eligible in March 2016
Request full record of history from HO

Now reading a lot of discussion I am xonfised of the new application can be submitted ?

If I can submit then when I can submit?

Please advise,

Many thanks

[vinny]

Why do these solicitors think that you won't be refused on the same grounds?

[wahabishtiaq]

There is possibility of refusal, but if tax was amended before application and evidence can be submitted then that could grant ILR provided a detail explaination is given.

Also if refused there will be right of appeal unlike current situation.

The point is am I allowed to submit a new application in different category while ar on current refusal is in process???

[sadi952]

There is possibility of refusal, but if tax was amended before application and evidence can be submitted then that could grant ILR provided a detail explaination is given.

Also if refused there will be right of appeal unlike current situation.

The point is am I allowed to submit a new application in different category while ar on current refusal is in process???

Hi Wahabishtiaq

as far as I understand Your AR/JR will be considered as Withdrawn when you put new apllication,,,,,, However seniors can confirm it,,,,,

[sadi952]

Also If you still have valid leave to remain, try to reapply with all explanation in same category ,,,, as I know few friends of mine ,,,, they got approval when they reapplied after making amendments and got approval ,,,,,

However If you just change category e.g. LR chances of refusal will remain same ,,,,,,, as they already know Why you changing category ,,,,,

However yes you can get right of appeal ,,,,, But my dear then you could be waiting in long que ,,,,,, 1 year to 18 months as minimum waiting time ,,,,

Whatever decision you are going to take think abt it properly and Just do it ,,,,,
Good Luck ,,,,

[atikur]

Right of appeal is applicable only for a valid application as far as i am concerned. If someone gets refused and their leave to remain ended up already any application made after that will be counted as out of time application (even though it is within 28days period).. So I am doubtful whether HO will give right of appeal or not..
You better talk to a good solicitor my friend.

[wahabishtiaq]

Thanks Sadi I appreciate your response.

I am confused as AR is under very strict timeline and guidelines.

If I submit fresh application for ILR in same category then my current visa is expired on 12 June which makes it more difficult according to my understanding as if I get refusal on same 322(5) second time it will be another admin review.

What are the chances with AR ? I heard that Ho has started removing 322(5) in admin review but kept refusals and asked for fresh applications.

I am concerned not to become overstayed at any point whatever process or route goes. Correct me if I am wrong.

[sadi952]

Well chances of success in AR are negligible ,,, but yes I have seen some post where they have removed 322 (5),,,,, I did not get your point of visa expiry 12 june ??? did you mean ur visa is already expired on 12th June 2016? or its still valid til 12th June 2017???

Anyway If you apply for AR and they remove 322(5) it will be a big achievement and when you go for PAP or JR definitely success chances will be increased ,,,,,,

Regards
Sadi

[wahabishtiaq]

Just an update i have submitted my AR online today but couldn't add any new documents i.e SA302 paper adjustment for tax amendments which becomes reason to base that i am not dishonest.

Now i am confused if i can submit new application for ILR LR based on 10 yr lawful residence? If i do would my AR be withdrawn?

I am currently protected by AR 28 days extension as my visa expired on 12 June.

Please advise...

[monty87]

Now i am confused if i can submit new application for ILR LR based on 10 yr lawful residence? If i do would my AR be withdrawn?

I am currently protected by AR 28 days extension as my visa expired on 12 June.

Please advise...

Yes, you will need to withdraw AR before you submit ILR LR or it will be considered withdrawn. Home Office in most cases maintain their Admin review decisions. I would suggest to wait for Admin Review result if you think you are confident that there is an error in decision making. If result is negative, then apply for SET(LR) within 14 days of AR decision and also send PAP to Home Office to challenge 322(5) as you have made corrections prior to ILR Tier 1 application. It could well be costly however you have two options, one for JR and other is appeal right for SET(LR) - as HO tend to give appeal right in LR applications.

[wahabishtiaq]

Thanks Monty,

I think this make sense but i assume i will have only 2 days to make a new application on SET LR after AR negative response as my current leave is expired. Correct me if i am wrong?

Many Thanks

[monty87]

Thanks Monty,

I think this make sense but i assume i will have only 2 days to make a new application on SET LR after AR negative response as my current leave is expired. Correct me if i am wrong?

Many Thanks

No. You will get 14 days from the time you receive AR decision to make new application however you will be considered overstayer as your 3C leave finish. At the moment, you don't count your 28 days from the time your Tier 1 has expired as you are under 3C leave until Home Office make their decision. Your AR letter if refused will state something as below

"If you have any reason to stay in the UK that you have not already told us about, you must tell us now or at the latest within 14 days of receiving this letter using the application forms on our website: gov.uk/ukvi. You should seek legal advice as soon as possible if you are intending to stay in rhe UK."

[wahabishtiaq]

Thats helpful, it means i can let them know about my 10 yr legal right on the address they will mention in the letter and also apply SET LR.

All of my original documents are in HO so have to apply the LR without those documents and have to get solicitor to get some legal advise and covering letter to explain the situation.

Hope this all will be done within 14 days if i can get the form and relevant explanation ready.

I think this will be the right way?

[monty87]

@wahab

Thats just the address to know which category you want to apply and in your case you alrealy know. You will get all your docs in recorded delivery in AR decisin and you count 14 days from the time you recieve it. (take note of recorded delivery number for future reference).

You need to start preparing legal grounds to challenge HO decision if you going for pap (start researching on this forum thread and hmrc, taxation laws, HO guidelines policy) why you think its unlawful decision by home office to refuse ilr and also prepare and send ilr LR application within 14 days of AR result.

[thiruuk]

Hi!
my case is similar. Is it possible to continue JR &make application in different categorie?