Please help, to prevent another near miss.

[Zing]

First visa was granted as student on 10th of march 2008. Entered UK 7th April 2008. Proceeded to PSW then to tier 1 general route.

First refusal: Applied Jan 2016 ILR tier 1 general at a PEO.

Reasons for refusal: lmmigration rules paragraph 322(5),paragraph 19(i),(j) and 245CD(b)(g).

Still have extant leave so did tax amendments and re- applied Feb 2016.
Second refusal: 12th Feb 2018(almost 2 yrs)

Reason for refusal: same as above.

First near miss: The second refusal was dated 12th feb though received decision on 15th Feb. One thing l want to point out is though l believed that the counting of 14 days should start at the day written refusal was received. The Solicitors l met were actually counting from date of refusal. So l have to really hurry to meet the 14 days deadline.

From the information l got from @moni pointer for what constitutes continuous leave l could have varied my ILR (set o) to ILR(LR) on 10th Feb if l have used visa grant date instead of entry date to UK considering that l received the refusal dated 12th Feb.

My question now is am currently on AR and currently on section 3C. I understand through my research that before refusal on 322(5) will take place a caseworker have to get authorisation from his/her manager. So am not overly optimistic that because AR is moved from one manager in Sheffield to another in Liverpool who is still within UKVI and in no way an independent reviewer that my expectations would be met.
From the guidance l read if l put in ILR(LR) tomorrow it would be assumed that the AR and section 3C ended a day before so that the new application will continue. I wonder why this is so considering that section 3C is still ongoing.

My aim is to protect right to work. Do anybody read any new guidance contrary to the above or can give me any pointer in this direction.
Considering my current situation, can l actually switch to tier 2 general route if AR is refused or paragraph 322(5) which is a general ground for refusal would be a hindrance.

From what l have learnt from this forum l know of applying ILR(LR) in one hand and pursuing JR in the other hand but am just looking for a quicker solution. I could have switched to a different route but do not have family here.

Pls, advice if you have an suggestions.

[Zing]

Any advice please.

[vinny]

Unfortunately,

(iii) the applicant does not fall for refusal under the general grounds for refusal.

also fails due to refusal under 322(5).

[vinny]

It may fail, but OP may have the prospect of getting a right of appeal which may enable him to prove his innocence before a judge as part of his human right claim.

[Zing]

Thanks for your advice.

Please, l need some clarity on my line of thought in trying to understand my situation better.

As am within 10 yrs continuous lawful residence. Does the below guidance statement from 1st paragraph of page 9 of long residence guidance apply to me.

"Once an applicant has build up a period of 10 yrs continuous lawful residence there is no limit on the length of time afterwards when they can apply. This means they could leave the UK, re-enter on any lawful basis and apply for settlement from within the UK based on a 10 yrs period of continuous lawful residence they build up in the past. There is also nothing to prevent a person relying on a 10 yrs period that they may have relied on in a previous application or grant. Time the applicant has spent in the UK with 3C leave also counts towards lawful residence".

Please, Does the above statement mean l would not be an overstayer if l do not get a positive feedback from my ongoing AR and need to make a fresh application under LR(lLR). Also the application would it be classified as"out of time" application or not.

[Zing]

Any help pls.

[Zing]

Hi everyone,

My situation is taking another shape. l have not received the decision of my AR neither did l receive any advice of delays from the AR team. So l spoke to a solicitor and he advised me to wait then.

My mini UKVI team(my employers) did ECS checks and informed me yesterday that l no longer have right to work.

l have contacted the UKVI helpline but three of them l spoke to at different interval gave me three different advice. l have to actually explain to one at the stage AR takes place when he gave me appeal contact number.

l have emailed the AR provided email address because l believe the decisions should be written but to be honest l do not really know the form the AR decision comes. Does it come through email, recorded signed for delivery or normal delivery.

Can AR team withheld decision to mean they agree with the caseworker refusal or can they forget to send decision.Though one of the UKVI helpline adviser said that the case might become too complicated and they decide to withdraw section 3c whilst the AR is still ongoing.(l don't think so).

pls, has anyone witnessed such situation or know what l should do. Thanks.

[cyclina1]

how long after the tax incident can be disregarded? or this follows forever thus the OP can never apply ILR?

btw, what's your taxation incident Zing?

[Casa]

The UKVI 'helpline' is outsourced to an Agency who appear to have very limited knowledge on the Immigration Rules. As you've already discovered, each time you call them you're likely to be given a different answer, without any guarantee that any of the advice given is correct.

[Casa]

how long after the tax incident can be disregarded? or this follows forever thus the OP can never apply ILR?

btw, what's your taxation incident Zing?

To avoid the OP having to repeat the history in this thread:
indefinite-leave-to-remain/ilr-refused- ... l#p1609103

[cyclina1]

If working for employer, why self employed, but not PAYE? A single mistake jeopardized everything......

how long after the tax incident can be disregarded? or this follows forever thus the OP can never apply ILR?

btw, what's your taxation incident Zing?

To avoid the OP having to repeat the history in this thread:
indefinite-leave-to-remain/ilr-refused- ... l#p1609103

[Zing]

Thanks Casa for coming to my rescue. it saved me the repetition.

My employment was a combination of PAYE and self employed. lt is in the past now but if l could turn back the hand of the clock considering what l have gone through l would definitely ply another route.

please, forum members who have done AR how did you get the response. Was it through normal posting, recorded/signed for delivery or email.
Regards.

[Zing]

Hi forum members,

l received a response from admin team and they informed me that the AR has been completed since last month march ending but they said they can see it still pending on royal mail system. They said they will send out a second copy.

Yesterday, l received a delivery which l believe to be the first delivery because my original documents were inside and AR maintained the original decision. l knew the royal mail delivery staff that delivers in my area and she is very dedicated to her job and no Royal mail missed delivery card was ever dropped for the past 3 weeks.

My confusion now is at whose expense was the delivery pending, mine or Home office. l presume l should start counting the 14 days from the day l signed for the delivery but l caught a paragraph in the decision letter that said 14 days should start 2 days from the date the letter was posted.

Also, when did the 3C leave come to an end the date on the letter or the date received/ signed for.

please, help if you have any suggestion.