ILR Refused payslips and Deception 322 (1A) and 322(2)

[kaibea25]

Hi all,

I have been reading the forum for the last few days and thought should share the experience (or may be a problem) I'm going through.

I submitted the application for ILR based on my Tier 1 (General) 5 years route. It was started with student visa (2007), then PSW and then Tier 1. In total, I have spent just under 9 years in the UK.The application was submitted at Sheffield in person and they kept the application for further checks. After three weeks they send me a letter says the application is refused because of the following reasons.

“When you applied for leave to remain in the United Kingdom as a Tier 1 (General) Migrant on March 2011 you claimed points under Appendix an of the Immigration Rules from employment with A Associates Ltd and submitted wage slips from A associates Ltd in support of this.
However, during the prosecution of R v Shahzad Sultan and others at Harrow Crown Court in June 2014, the evidence of the genuineness of this company was tested and it was found that is existed with no genuine trading presence and was founded solely for the purpose of
providing false evidence.”

HO refused the application based on 322 (1A) which is a mandatory refusal but I don't understand why they use this (322 1A) as I haven't used any deception or provide wrong information in the ILR application. I been told by someone that in the form there is a question which asks about deception but in the ILR application, there is no such question.

I have submitted my application for administrative review and it came back with the same response. I'm in the process of submitting my judicial review and in the next few days.

Few questions to you guys,

Have you ever come across with similar case like this? If so I'd keen to know what happened to the cases like this?
Is it possible to find out the sentence remarks copy from Harrow crown court or any other place?

Thanks!

[Casa]

Were you genuinely employed by this company (Envo Green Limited) and if so, how are you able to prove this as it appears the Court have ruled that the company in question were never trading legitimately.
This article will give you an idea of what you're facing:
http://www.itv.com/news/london/2014-06- ... illegally/

...and you're not alone:
http://www.immigrationboards.com/indefi ... 09905.html

Edit: The decision
https://tribunalsdecisions.service.gov. ... 40030-2014

[kaibea25]

Thank you for your reply and sending the additional link.

Yeah, I worked with A Associates Ltd for just over a month. The only prove I sent as a part of my application was like bank statements and payslips.

I have spoken to my barrister and he advised me that the home office claims that the genuineness of the company tested and it's found with no legitimate existence. so the burden is on the HO to prove the legitimacy. So as a part of pre-action I have requested the home office to release what evidence they do have that shows the question mark on the genuineness of the A Associates Ltd.

Based on my research, it seems the same group who have Envo Green Ltd, A Associates and few many others that I come across. The interesting thing is that all 7 people who convicted and found guilty are not the direct director of either Envo Green nor A Associates Ltd. The director for these two companies has never been convicted as a part of this case.
The upper tribunal case link you sent, I saw that earlier and based on that my this case my understanding is that HO failed to produce the evidence that shows specifically the genuineness of the Envo Green. So that's why upper tribunal has dismissed the appeal. If this is true then home office may not be able to provide the evidence for A Associate either, is this a fair statement?

[kaibea25]

Just looked this existing post http://www.immigrationboards.com/indefi ... 09905.html and its locked stats, Just wanted to have a clarity that if I'm discussing the company or person?

[kaibea25]

I sent a Pre-Action Protocol letter a few days ago to request to disclose the evidence or relevant information they hold to prove the genuineness of the company. They didn't disclose any information but just sent a letter with pretty much same wording which they have sent at the time of rejection and administrative review response.

Just wondering if the home office supposes to disclose the information that has been requested as a part of Pre-Action protocol?

[iworker]

well you barrister should be responding that question.
i am not here to judge people, but i have a feeling that this is a lost cause and u know it as well..
u say u worked for this company for a month and this 1 month employment enabled u to secure tier 1 gen?
If you genuinely believe u did have an employment with them , u can relax as u will win the case.. and if u know yourself that this was just a bogus employment, used to secure visa, there is no way u are winning this case.. no matter what these stupid lawyers claim to say, as they are just making money from u

[UKBALoveStory]

well you barrister should be responding that question.
i am not here to judge people, but i have a feeling that this is a lost cause and u know it as well..
u say u worked for this company for a month and this 1 month employment enabled u to secure tier 1 gen?
If you genuinely believe u did have an employment with them , u can relax as u will win the case.. and if u know yourself that this was just a bogus employment, used to secure visa, there is no way u are winning this case.. no matter what these stupid lawyers claim to say, as they are just making money from u

I think it is better to say silent, if you don't have anything positive/relevant to say.

[Casa]

well you barrister should be responding that question.
i am not here to judge people, but i have a feeling that this is a lost cause and u know it as well..
u say u worked for this company for a month and this 1 month employment enabled u to secure tier 1 gen?
If you genuinely believe u did have an employment with them , u can relax as u will win the case.. and if u know yourself that this was just a bogus employment, used to secure visa, there is no way u are winning this case.. no matter what these stupid lawyers claim to say, as they are just making money from u

I think it is better to say silent, if you don't have anything positive/relevant to say.

It is actually relevant, albeit it not the positive answer the OP is hoping to read. As iworker has said, if the OP did genuinely work for one month for the suspect company then they can relax and focus on proving it. If not, the only person to gain will be the lawyer.

[noajthan]

.. and the grilling from members here is often just pussyfooting around compared to the full rigour of the 'third degree' to be expected from hard-nosed HO caseworkers.

[kaibea25]

well you barrister should be responding that question.
i am not here to judge people, but i have a feeling that this is a lost cause and u know it as well..
u say u worked for this company for a month and this 1 month employment enabled u to secure tier 1 gen?
If you genuinely believe u did have an employment with them , u can relax as u will win the case.. and if u know yourself that this was just a bogus employment, used to secure visa, there is no way u are winning this case.. no matter what these stupid lawyers claim to say, as they are just making money from u

I think it is better to say silent if you don't have anything positive/relevant to say.

It is actually relevant, albeit it not the positive answer the OP is hoping to read. As iworker has said, if the OP did genuinely work for one month for the suspect company then they can relax and focus on proving it. If not, the only person to gain will be the lawyer.

you can speculate anything as you like there is no restriction tho. I'm not here to get someone baseless analysis but rather to share the story that may help others. It's easier to criticize rather being helpful. It's not a nice thing when you can't get on with your day to day life even though you know are right. So please!

I simply asked if home office usually disclose any requested document as a part of PAP? and even people ignore the previous my note where mentioned that finding a similar case where home office can't produce the document.

[forum_tolia]

Hi kaibea25,

I'm in an exact same situation. How do I contact you?

I applied for my ILR on 16th November 2016 at Croydon PEO for same day service which was put on hold and received a refusal on 29th April 2016. I have since received refusal on AR front and lost my right to work.

I worked for N Ltd (as an employee) for a period of six months for which I have the payslip and bank statement. I also have a letter from HMRC confirming N Ltd as my employer. I have lodged a JR and made a second application since.

You are not alone. Please email me on email address removed by moderator

Regards,
Forum.

[noajthan]

@forum_tolia, you are new here.

Read Board T&Cs.
No contact details.
This is a public space so don't post identifying details at all!

In fact you do not appear to be an individual member at all. So again, read Board T&Cs.

And post questions in public - in own topic - so all may contribute and benefit.

[forum_tolia]

@noajthan. Apologies, that makes sense. Will be mindful of the same.

[jazznflash]

Hi Kaibea25,

I am going through the same situation, and worked for same company also went to PEO Croydon and got refused on the same day but i know someone who has been allowed ilr in same situation through appeal in Upper Tribunal

Let me know how can we contact eachother

[noajthan]

Hi Kaibea25,

I am going through the same situation, and worked for same company also went to PEO Croydon and got refused on the same day but i know someone who has been allowed ilr in same situation through appeal in Upper Tribunal

Let me know how can we contact eachother

Neither of you have earned right to enjoy Board PM feature yet.
So post in public so all those interested may contribute, validate - and benefit.

[forum_tolia]

@jazznflash, unfortunately in my case I did not have appeal rights.

As far as the case is concerned it is UNREPORTED and hence cannot be used to prove anything.

@noajthan is it ok to post the link to the case here?

[noajthan]

As far as the case is concerned it is UNREPORTED and hence cannot be used to prove anything.

@noajthan is it ok to post the link to the case here?

Yes, if its a recognised/official tribunal/appeal court website link.
But not to some random news outlet, blog or lawyer or advisor website.

[forum_tolia]

@noajthan thanks for the clarification

@jazznflash please see the link. Are you discussing this?
https://tribunalsdecisions.service.gov. ... 40030-2014

[noajthan]

@noajthan thanks for the clarification

@jazznflash please see the link. Are you discussing this?
https://tribunalsdecisions.service.gov. ... 40030-2014

Kindly note, no discussion here on ins and outs of any particular case.

[forum_tolia]

@noajthan I'm sharing this with the intention of helping anyone who is in a similar situation.

As I mentioned earlier this decision is unreported so may not help particularly, however it may give some hope to achieving the end result.

Also, this particular case had appeal rights so perhaps a different scenario to consider.

[noajthan]

We cannot have an action replay of such a case nor discussion of merits of the case nor of any key players.

This topic is an ILR refusal suffered by member kaibea25 (not jazznflash or anyone else) under certain Immigration Regs - that's it.

[kaibea25]

you are right tolia, this is a different case that was on a different merit. It's quite annoying that one UT taking so long to respond and on top of that massive increase to fees.

[jazznflash]

The case mentioned above is however unreported but still can be reffered to with the Tribunal Judge permission if your representative manage to put it across intelligently. Secondly my legal representative have advised me that right of appeal can be achieved indirectly.

As of my case is concerned my local MP have got me confirmed from HMRC that I did worked for this company and it was non compliance from this company and not on my part.

Since refuasal and refused admin review we applied through article 120 and are hoping to get right of appeal through this

Hope this help also i can be contacted on any popular email host using the same username

[ashak]

Hi kaibea25,

Just to find out if you got any good news ? as I am also in the same situation .. Applied ILR in Feb 2016 got refused in Feb 2018 and had my 1st tribunal hearing recently which was adjoined. I am waiting for another date.

Please do replay me as it is very important for all of us..

Thanks