Finally got relief from 322(5)

[donny123]

Hi everyone, I applied ilr in September 2016 through tier 1 general, it's been 10 months still waiting, don't know when this wait will over, received questioner form beginning of May, which already submitted about 2 months ago, i have completed 10 years as well but don't want to vary my application because it will take more times, anyone has idea what can I do to expedite my case? Please help me with your kind information. Thanks

[saleemd]

Hi Donny,

They are taking a lot of time specially for the Tier 1 General applications, would strongly recommend to get a MP involved and also keep sending them reminders/ letters to inquire about the case.

Did you supply them with the SA302's??

Many Thanks
Sal

[donny123]

Hi Saleemed
Thanks for your advise, yes I sent all SA302, company returns, tax year overview.

[donny123]

Hi, actually I applied ilr through tier 1 general 13 months ago still waiting, I applied for myself with 3 dependents, I have 2 children, both born here,I applied for them too which I could skipped their application easily, anyway I completed my 10 years in February 2017 now I am thinking to vary my application to set lr and to go premium appointment, because this set o delays affecting my business and family life badly, I have Restaurant business and I took another place to open another branch but bank doesn't want to give me a business account because I don't have visa at the moment, I have two questions if you can help me with your valuable advice will be grateful.

1. If I go day service for ilr lr, how can I apply for my wife and which form she can apply? Because her application is pending at the moment with my ilr set o.

2. When I applied ilr set o I paid £7500.00 for four of us, do I will get back that full amount?

Sorry if I write too long. Thanks

[iworker]

you can vary application, however, it is highly likely that u cant get the decision on same day, as they will still want to do the same checks on you that they would do if u apply on tier 1 basis.
if you vary application, u pay the new fee, and old fee is returned, provided the decision has not been reached till that date. the refund can take some time.
your wife will need to apply for flrm, and her ilr will be set back to 5 years.

[donny123]

Hi All,
Actually I got refusal from tier 1 general application, decision made on 07/01/2018 but today I received through solicitor who actually didn’t represent me, she just checked my papers before I applied, anyway home office refused my application and the reason they stated that when I extended my tier 1 in 2013 that time I showed £22000 dividend but I didn’t declare same amount to hmrc they said but I have sa302 where I can see clearly that £22000 i declared in 2 financial years because it came in 2 financial years, looks like they counted only one financial year, ni I am going to do administrative review. I have some questions if you give me answer it will be really helpful, specially CR001, zimba or Obie please.

1. Can I submit administrative review by myself or better by solicitor.

2. I am eligible to apply ilr 10 years long residency if I want to apply that can wait till I get decision from administrator review? If so can I go Day service?

3. If I apply ilr 10 year long residency what about my wife, which form she can use as she is not eligible for 10 years now, do I need any maintenance funds for her?

Thanks in advance

[makky86]

1. Can I submit administrative review by myself or better by solicitor.

You can submit yourself . If you really think its wrong decision then you can apply otherwise I don't see any point.

2. I am eligible to apply ilr 10 years long residency if I want to apply that can wait till I get decision from administrator review? If so can I go Day service?

If you refused due to tax issues even your 10 years ILR will be subject to same rules. This can also be refused because of that. You should apply first for AR.

3. If I apply ilr 10 year long residency what about my wife, which form she can use as she is not eligible for 10 years now, do I need any maintenance funds for her?

If your ILR get approved based on Long residency, which is highly unlikely due to t1 refusal, t hen your wife would have to switch to FLR. This will reset her clock and she'd need to complete 5 years on FLR to get ILR or if 10 years long residency whichever comes first.

[donny123]

Hi Makky86
Thanks for your quick reply, I am confident that it’s there mistake, I will explain them in the review but just in case if they keep there decision and then if I applied ilr long residency and again if they refuse same reason then I can get appeal right and where I can prove that I wasn’t wrong.

How long I have, to apply ilr long residency after admin review?
After admin review can I apply long residency and prepare for JR in parallel?

Thanks agai Makky 86

[donny123]

Passing very difficult time, applied ilr through tier 1 g, September 2016,after long wait they send refusal after chasing by MP, the reason they said in 2012/13 I didn’t declared dividend income on time. but my concern is I declared in HMRC provision time that you can make change in one year time from initial return submission. Interesting thing is even after this genuine amendment there was no extra tax liability. That reason I was so confident that I didn’t vary my application from tier 1 to ILR LR as I completed 10 years in March 2017, from this confidence I applied AR, but unfortunately same result here,
If there is no tax to pay after amendment how they say I deceive with HMRC? And there is tax discrepancy?

Now some solicitors saying to apply ilr lr in 14 days some saying to go JR. I am very confused.
Finally I am thinking to apply ILR LR then if possible to file JR for previous decision as I can not agree with their decision, amendment is not crime even it was done long time ago in HMRC’s provision time, I have two businesses here I paid almost 90k (VAT, corporation tax, payee,personal tax) in last year. Now I need to close business because I don’t have 3c leave.

[CR001]

All ILR topics merged (click)

[donny123]

Hi CR001, thanks to merge all of my post,

Is that possible to JR against previous decision after submitting new ilr application ?

Thanks in advance.

[donny123]

Can anyone help me with their kind advice please.
Recently ukvi refuse my ilr application because in 2014 I didn’t declared income by 31st January but I declared within 1 year HMRC’s time limit. Even though after that amendment there was no tax due as that amendment earnings was my dividend income and from my salaried earnings they used to take tax weekly basis that reason I was even overpaid tax £540.00.
I am really shocked to get that decision from ukvi, I was eligible to apply ilr lr so I have applied already as I had only 14 days after AR.

Now please can anyone advise please can I do JR against previous tier 1 g decision? I am really confused from solicitors because someone saying I can do JR some saying I can’t because I have already applied for ilr from the different categorie. Is that Wright?

[zimba]

You can send PAP within 90 days from a decision only. JR has nothing to do with immigration rules and can be pursued on its own. It is merely asking a court to see if HO has acted unlawfully

[donny123]

Thanks Zimba for your valuable advice. Really appreciate.

[donny123]

As part of the review of 322(5) tier 1 general cases Home Office intend to withdraw refusal decision on my previous application HO agreed it was refused in error. Now waiting to get new decision. As I had amendment but wasn’t any tax liability and within, I amended about 2 years before my ILR application.