Judicial Review Success - 322(2) & 322(5)

[AML2015]

By the grace of Allah (SWT) and the waseela of Panjetan Pak (RA), I have been granted Indefinite Leave to Remain based on T1 General 5 year route. The journey has been difficult and tiresome with no right to work for 4 months, but its been a steep learning curve with an opportunity to meet some selfless people who have been my pillar of strength and without whose help this success would have been tasteless. I would like to thank those people who I met on this forum and for their help whether in material or prayers, and I will pray for your success in return, InshAllah.

The details about my refusal and reasons are mentioned in my previous post and explicitly explains my situation with regards to my Self Assessment history. I would be highly obliged if you could read through my previous post prior to asking me any questions related to my personal tax affairs/amendments in regards to my ILR application/case. Nevertheless, I will be more than happy to help in my capacity and answer all your questions if not covered within my case summary below which I believe is quite comprehensive.

The link to my case and history is as per the link,

http://www.immigrationboards.com/indefi ... 03107.html

Acronyms used within the brief below,

PEO - Premium Enquiry Office
AR - Administrative Review
PAP - Pre-Action Protocol
JR - Judicial Review
AOS - Acknowledgment of Services
CO - Consent Order
GLD - Government Legal Department
HO - Home Office
UTT - Upper Tier Tribunal
BRP - Biometric Residence Permit
ILR - Indefinite Leave to Remain
CW - Caseworker
SA - Self Assessment


ILR Timeline as detailed below,

1. Initial Application - 13 February 2016 - Solihull PEO

Grounds of Refusal - 322(2) / 322(5) / 245CD (b) (e) (g) / Paragraph 19 (i) & (j)

- Refused on the Day
- No questions asked or interview conducted by CW
- Self Assessment Questionaire given to be filled in by CW
- Answered 'NO' to question no 9 on SA questionaire
- T1 G visa was valid until 04 March 2016

2. AR Submission - 26 February 2016

- Grounds prepared by Solicitor

3. AR Refusal - 13 May 2016

- AR result post 77 days from date of submission
- Section 3C ended post 13 May 2016

4. PAP Submission - 27 May 2016

- Grounds prepared by Barrister/Solicitor
- Change of solicitor from the PAP stage onwards

5. PAP Refusal - 10 June 2016

6. JR Submission - 04 July 2016

- Grounds prepared by myself, legal references added by Barrister/Solicitor

7. AOS/CO Submission by GLD - 17 August 2016 (last day of 6 week deadline for GLD to submit AOS)

- Asking me to withdraw the JR
- Agreeing to reconsideration of my application within 3 months from the date of CO
- Agreeing to pay all the legal cost (Legal cost begin from PAP stage)

8. AOS/CO received by Solicitor - 27 August 2016

9. Revised/Negotiated CO sent to GLD by my solicitor - 31 August 2016

- Did not agree to GLD CO as per the terms mentioned in point 7 above
- Negotiated the CO as below
- Agree to withdraw the original decision dated 13 Feb 2016
- Reinstate Section 3C & work rights from the date of signed CO
- Agree to reconsider ILR application based on full merit within 3 months from the signed CO (08 Dec 2016)
- Agree to pay all legal costs (cost incurred for PAP + JR)

10. Negotiated CO signed by GLD/HO - 06 September 2016

11. CO approved by UTT - 08 September 2016

- Section 3C and Right to Work Reinstated effective 08 Sep 2016
- 3 months duration for reconsideration of ILR application deadline 08 December 2016
- ECS check conducted on 09 Sep 2016 - Positive Verification Received on 12 Sep 2016

12. 3 months deadline as per CO - 08 December 2016 (3 months from 08 Sep 2016)

13. ILR Approved as per the letter received from Sheffiled CaseworkTeam2 - 23 September 2016

14. ILR Approval Letter Received by Solicitor - 26 September 2016

15. Awaiting BRP from HO

Hope this helps everyone in their journey towards ILR and I pray for your success. Happy to answer all your questions.

JazakAllah

[TechBro]

Wow wow wow ...... I can carry on like this for whole day .

You don't know for how long we have been waiting for this kind of news.

First many congratulations and thanks for sharing with us.

[rocktheparty]

Congrats AML2015

I am in the same boat. PEO refused on 322(5). Postal application is under process.
IS there anything which I can add/send to make my application stronger?
I have PMed you . Please check your inbox.

[ouflak1]

Congrats. I think for those who had no actual tax obligation for the year(s) of any missing SA's, your case will set a precedent assuming all other conditions are met. It's good that you fought this through, and personally I believe that this is a proper outcome.

Those who actually had a tax obligation or had other discrepencies, such as bouyed income to qualify for an extension, will probably not be helped by this.

[vsk]

AML2015,

Congrats on your approval.

[vsk]

Hi Ouflak1,

Do you know any approved case with tax amendments ?
I have amended my 10/11 returns in May 2016 and due to apply ILR. Bit worried on refusals based on 'retrospective' tax returns.

[london2007]

congratulation dear....
really happy for you and your family....
your story is guideline for many others.....
success only comes to those who don't give up....

[UKBALoveStory]

Congrats.... Much awaited news...

[sunny_sunny]

Great effort. Congrats!
Not sure why they made you to go through all this. So case workers need more training and there should be standard bench marks for similar cases.

ALL THE BEST

[MA1]

Hello AML2015,
First of all congratulations upon blessings of Almighty Allah on you with great success. Secondly many thanks for sharing at this forum so that others could be encouraged to stand against any decision and get prepared for any upcoming complicated situations by keeping in mind that the objective can be achieved with hard work and patience.
Good Luck

[AML2015]

Thank you to you All for your kind words and wishes. Much Appreciated.

Just a final update.

ILR BRP received on 27 September 2016.

ILR Start Date - 23 September 2016 (The day when the Sheffield CW2 team made the decision as per the ILR approval letter received on 26 September 2016).

JazakAllah and I wish each and everyone of you peace and success in the near future.

Just to sign off,

“Life consists of two days, one for you one against you. So when it's for you don't be proud or reckless, and when it's against you be patient, for both days are test for you.”
Hazrat Ali Ibn Abu-Talib A.S

[O_Relly]

Congratulations ! A fight well fought and a deserving outcome! and another example of the Home Office being on the wrong side!

Like someone above has said, your case will set the precedent for genuine applicants who have had to suffer.

[MA1]

Hello AML,
As you described that you prepared grounds by yourself and the solicitors added references. As grounds differ case to case.
I would be grateful if you could post some useful references in relation to SA late amendments which might be beneficial to others (including myself) who are waiting for the decision after making application for ILR with late Tax amendments.
Secondly if you could mention or give indication about 2 or 3 strong logical statements (according to your understanding) in your JR which played an important role to bring HO for negotiation with you and eventually lead to your great success with the blessings of Almighty Allah.
Your reply and information would help us to start our effort promptly and effectively in case of any negative outcome like 322(.....).
Best Wishes and prays for your future plans.

[ouflak1]

Hi Ouflak1,

Do you know any approved case with tax amendments ?
I have amended my 10/11 returns in May 2016 and due to apply ILR. Bit worried on refusals based on 'retrospective' tax returns.

There are some cases on the board of won appeals. Right now the attitude seems to be auto-refuse. I think this will all tone down for those who had no tax burden and no bouyed incomes or other suspicious activity associated with their SA.

For all others, expect more of the same. And I kinda don't think any JR is going to help any of the more glaring cases.

[ibtk]

Hi,

I am on the same position. I am director since 2009. I applied for ILR , Feb 16 . Refused , Admin review refused(Based on SA302 not filed before 2013- but no tax due) now I update every think. Could you help me for next step through give your case detail etc.

thank you

Regards
IBTK

[noajthan]

@ibtk do not share contact details and solicit contacts here. That is not how it works.
You will simply be targeted by spammers, scammers and all sorts of snakeoil salesmen and 'advisors'.

This is not about you - share in public so all who are interested may benefit.

[Watford2016]

[quote="AML2015"]By the grace of Allah (SWT) and the waseela of Panjetan Pak (RA), I have been granted Indefinite Leave to Remain based on T1 General 5 year route. The journey has been difficult and tiresome with no right to work for 4 months, but its been a steep learning curve with an opportunity to meet some selfless people who have been my pillar of strength and without whose help this success would have been tasteless. I would like to thank those people who I met on this forum and for their help whether in material or prayers, and I will pray for your success in return, InshAllah.

The details about my refusal and reasons are mentioned in my previous post and explicitly explains my situation with regards to my Self Assessment history. I would be highly obliged if you could read through my previous post prior to asking me any questions related to my personal tax affairs/amendments in regards to my ILR application/case. Nevertheless, I will be more than happy to help in my capacity and answer all your questions if not covered within my case summary below which I believe is quite comprehensive.

The link to my case and history is as per the link,

http://www.immigrationboards.com/indefi ... 03107.html

Acronyms used within the brief below,

PEO - Premium Enquiry Office
AR - Administrative Review
PAP - Pre-Action Protocol
JR - Judicial Review
AOS - Acknowledgment of Services
CO - Consent Order
GLD - Government Legal Department
HO - Home Office
UTT - Upper Tier Tribunal
BRP - Biometric Residence Permit
ILR - Indefinite Leave to Remain
CW - Caseworker
SA - Self Assessment


ILR Timeline as detailed below,

1. Initial Application - 13 February 2016 - Solihull PEO

Grounds of Refusal - 322(2) / 322(5) / 245CD (b) (e) (g) / Paragraph 19 (i) & (j)

- Refused on the Day
- No questions asked or interview conducted by CW
- Self Assessment Questionaire given to be filled in by CW
- Answered 'NO' to question no 9 on SA questionaire
- T1 G visa was valid until 04 March 2016

2. AR Submission - 26 February 2016

- Grounds prepared by Solicitor

3. AR Refusal - 13 May 2016

- AR result post 77 days from date of submission
- Section 3C ended post 13 May 2016

4. PAP Submission - 27 May 2016

- Grounds prepared by Barrister/Solicitor
- Change of solicitor from the PAP stage onwards

5. PAP Refusal - 10 June 2016

6. JR Submission - 04 July 2016

- Grounds prepared by myself, legal references added by Barrister/Solicitor

7. AOS/CO Submission by GLD - 17 August 2016 (last day of 6 week deadline for GLD to submit AOS)

- Asking me to withdraw the JR
- Agreeing to reconsideration of my application within 3 months from the date of CO
- Agreeing to pay all the legal cost (Legal cost begin from PAP stage)

8. AOS/CO received by Solicitor - 27 August 2016

9. Revised/Negotiated CO sent to GLD by my solicitor - 31 August 2016

- Did not agree to GLD CO as per the terms mentioned in point 7 above
- Negotiated the CO as below
- Agree to withdraw the original decision dated 13 Feb 2016
- Reinstate Section 3C & work rights from the date of signed CO
- Agree to reconsider ILR application based on full merit within 3 months from the signed CO (08 Dec 2016)
- Agree to pay all legal costs (cost incurred for PAP + JR)

10. Negotiated CO signed by GLD/HO - 06 September 2016

11. CO approved by UTT - 08 September 2016

- Section 3C and Right to Work Reinstated effective 08 Sep 2016
- 3 months duration for reconsideration of ILR application deadline 08 December 2016
- ECS check conducted on 09 Sep 2016 - Positive Verification Received on 12 Sep 2016

12. 3 months deadline as per CO - 08 December 2016 (3 months from 08 Sep 2016)

13. ILR Approved as per the letter received from Sheffiled CaseworkTeam2 - 23 September 2016

14. ILR Approval Letter Received by Solicitor - 26 September 2016

15. Awaiting BRP from HO

Hope this helps everyone in their journey towards ILR and I pray for your success.

[noajthan]

Topic will be locked if abuse of Board rules continues.

[MSS2016]

HI AML2015,

First of all many many congrats for winning the Case against HO. We all Tier 1 people are waiting for this positive news and I think this news will give us a positive hope.

Secondly, I am in the same situation and applying for JR in next week because MY PAP was refused last week. Could you please share some of the grounds which you and your solicitor prepared for JR which brings OH for negotiation.

Jazak Allah

[dilse4srk]

My tIme line for flr fp and PAP response

Filed FLR FP ( 10 may 2016 )
refused ( 13 sep 2016 ) HO think i am only in uk for 6 month, when in reality i am here since jan 2009
and married in uk.

submitted last allowed appeal judge decsion along with PAP (21 sep 2016)

fax received that HO will reconsider 03 oct 2016


Please tell me is this a good sign and how long home office takes. Also i am issued with is.96 letter please tell me if i am still liable to be detained if i go for signing since i now have HO reconsideration letter

[KiranAgam]

Dear AML,
Many congratulations to you. Thankgod you are in relief now. Me and my family are going through this agony right now. Just got AR refusal letter today.
Can you or administrators please help me in contacting you direct for advise on good solicitor. We are struggling to find a solicitor. The current solicitor we have gets things done but communication is over phone and it's very hard to reach them. They took £2500 fee for administrative review from us but I call them so many times and can't speak to my solicitor for 2 days as he is busy with other calls. Due to this we wanted to change solicitor atleast who is reachable and we feel in control.

Kindly please let me know how to reach you. Having lot of stress with two little daughter's who need me functioning. I will really appreciate if I can contact you. I am actually going to helpline for coping with the stress I am having right now.
Therefore please help.

Thank you

[KiranAgam]

Dear Admins and members,
I have received private message in response to my request to AML, but I am not able to access my messages.

I get the message, you are not authorised to read private messages. Please can you help and allow me to read my private messages. It is very important. I really thank you in advance.

Thank you

[ouflak1]

Dear Admins and members,
I have received private message in response to my request to AML, but I am not able to access my messages.

I get the message, you are not authorised to read private messages. Please can you help and allow me to read my private messages. It is very important. I really thank you in advance.

Thank you

You now have 30 posts, which I believe (unless it's changed) now allows you to receive and send PMs.

[Mkg]

By the grace of Allah (SWT) and the waseela of Panjetan Pak (RA), I have been granted Indefinite Leave to Remain based on T1 General 5 year route. The journey has been difficult and tiresome with no right to work for 4 months, but its been a steep learning curve with an opportunity to meet some selfless people who have been my pillar of strength and without whose help this success would have been tasteless. I would like to thank those people who I met on this forum and for their help whether in material or prayers, and I will pray for your success in return, InshAllah.

The details about my refusal and reasons are mentioned in my previous post and explicitly explains my situation with regards to my Self Assessment history. I would be highly obliged if you could read through my previous post prior to asking me any questions related to my personal tax affairs/amendments in regards to my ILR application/case. Nevertheless, I will be more than happy to help in my capacity and answer all your questions if not covered within my case summary below which I believe is quite comprehensive.

The link to my case and history is as per the link,

http://www.immigrationboards.com/indefi ... 03107.html

Acronyms used within the brief below,

PEO - Premium Enquiry Office
AR - Administrative Review
PAP - Pre-Action Protocol
JR - Judicial Review
AOS - Acknowledgment of Services
CO - Consent Order
GLD - Government Legal Department
HO - Home Office
UTT - Upper Tier Tribunal
BRP - Biometric Residence Permit
ILR - Indefinite Leave to Remain
CW - Caseworker
SA - Self Assessment


ILR Timeline as detailed below,

1. Initial Application - 13 February 2016 - Solihull PEO

Grounds of Refusal - 322(2) / 322(5) / 245CD (b) (e) (g) / Paragraph 19 (i) & (j)

- Refused on the Day
- No questions asked or interview conducted by CW
- Self Assessment Questionaire given to be filled in by CW
- Answered 'NO' to question no 9 on SA questionaire
- T1 G visa was valid until 04 March 2016

2. AR Submission - 26 February 2016

- Grounds prepared by Solicitor

3. AR Refusal - 13 May 2016

- AR result post 77 days from date of submission
- Section 3C ended post 13 May 2016

4. PAP Submission - 27 May 2016

- Grounds prepared by Barrister/Solicitor
- Change of solicitor from the PAP stage onwards

5. PAP Refusal - 10 June 2016

6. JR Submission - 04 July 2016

- Grounds prepared by myself, legal references added by Barrister/Solicitor

7. AOS/CO Submission by GLD - 17 August 2016 (last day of 6 week deadline for GLD to submit AOS)

- Asking me to withdraw the JR
- Agreeing to reconsideration of my application within 3 months from the date of CO
- Agreeing to pay all the legal cost (Legal cost begin from PAP stage)

8. AOS/CO received by Solicitor - 27 August 2016

9. Revised/Negotiated CO sent to GLD by my solicitor - 31 August 2016

- Did not agree to GLD CO as per the terms mentioned in point 7 above
- Negotiated the CO as below
- Agree to withdraw the original decision dated 13 Feb 2016
- Reinstate Section 3C & work rights from the date of signed CO
- Agree to reconsider ILR application based on full merit within 3 months from the signed CO (08 Dec 2016)
- Agree to pay all legal costs (cost incurred for PAP + JR)

10. Negotiated CO signed by GLD/HO - 06 September 2016

11. CO approved by UTT - 08 September 2016

- Section 3C and Right to Work Reinstated effective 08 Sep 2016
- 3 months duration for reconsideration of ILR application deadline 08 December 2016
- ECS check conducted on 09 Sep 2016 - Positive Verification Received on 12 Sep 2016

12. 3 months deadline as per CO - 08 December 2016 (3 months from 08 Sep 2016)

13. ILR Approved as per the letter received from Sheffiled CaseworkTeam2 - 23 September 2016

14. ILR Approval Letter Received by Solicitor - 26 September 2016

15. Awaiting BRP from HO

Hope this helps everyone in their journey towards ILR and I pray for your success. Happy to answer all your questions.

JazakAllah

Hi
Congratulations for victory
I am in same Situation
My visa was rejected based the information held in Hmrc records vs I claimed (Hmrc records showing wrong but I have all p60, p45 and payslips). But they rejected me based on the info have in Hmrc records.
While applying my AR , I have also sent the p60 and p45 copies to HMRC so they updated their records.
I have submitted the copy of updated employment history record during the PAP with proper explanation, but pap also got negetive.
Jr submitted on 4th of august by my solicitor
AOS received from HO on 23rd agust that they want to contest as well.
Still waiting for court.....
Please give me suggestions..

[KiranAgam]

Hello everyone,
We applied AR, it was refused as well this week. Changed solicitor today. He will make a new application for us based on 10 years LR.
For me and my husband separately. For helping out who don't know things which we did not know.
1.My husband was dependant on me there we did not know if he can apply for LR application. But this solicitor said he can apply independently for ILR on the basis of LR.
2. Secondly we did not know if after refusal I can apply through this route. But the solicitor has confirmed after refusal of AR within 28 days I can apply. But earlier the better. We will apply within 14 days.
Hope these things help other people. As we did not know this information.
He recommended to go for new application rather than JR as we will lose right to work in that case. With this application we will retain our right to work.

For kids he said not to worry. I panicked and applied for them but I we did not needed to apply for kids.
I hope it helps.