After JR - Options to vary to 10 year LR (ILR)

[teddy0409]

JR Oral Hearing Successful - Late Tax Submission

Dear Family,
Hope you all are doing fine,
I am happy to share the news that today our JR Oral hearing is successful and Judge have granted permission and case to be listed for final hearing,
My tax for 2012-13 was submitted late in 2016 due to my personal issues,
Judge heared our skeleton argument and the HO solicitor was offered time to provide his version too..
After 50 min Judge deceided on our favour and allowed the case further,
I am very thankful for the forum members for giving their input and wishes to me,
Hopefully we will proceed further with HO to go for full hearing if HO refuses to settle,
Kind Regards,
Teddy0409

[Vegeta]

Do you think the case will go for final hearing? or home office would give consent order before that?

How long did the whole process take for you? I just got my PAP rejected. I'll be starting JR process soon.

[teddy0409]

Dear Vegeta,
It was until today since my initial refusal on 20th June 2016, From PAP refusal it will take up to 6 months, if it is refused in papers there will be another 4 months for oral hearing which is my case,
We cant underestimate HO and will wait for their defence in the next 35 days,
Wishes for your application,
Kind Regards,
Teddy0409

[sam2017]

hi

Teddy

was your case with 322(5)? what was main ground for HO ?

Thanks

[Vegeta]

Teddy

Thanks for your response. That's a long wait. Wish you get the positive result soon.

[Kay2323]

Teddy bro,hearty congrats on your first success on JR and really wish that rest all goes in your favor.

I would really appreciate if you could tell us on what grounds your application was refused in 2016 and did you submit taxes after that refusal.

This will really help thousands of us who are waiting with hopes that one good day we will get our ILR.

[teddy0409]

Dear Kay,
Thank you for your wishes,
It was 322(5) General grounds for refusal-discretionary,
My tax affairs were up to date while applying the visa,
Hope this helps,
Kind Regards,
Teddy

[teddy0409]

hi

Teddy

was your case with 322(5)? what was main ground for HO ?

Thanks

Yes 322(5) General grounds for refusal-Discretionary

[pusm]

Teddy ,

Its a great news for you for your win and I real all your input this fourm ,

My ILR also refused under 322-5 and AR also refused the same ground .

My 10 year coming in next 2 months so shall I wait for 10 years or go for JR

Meanwhile I apply my FLR M (within 14 days ) and waiting for the result , If I apply JR then do HO withdraw my FLR (M) ???

We got BC child and my spouse got PR


Please advise

[teddy0409]

Dear Pusm,
322(5) needs to be cleared first to apply for any other visa category,
on the other hand, 10 year route might give you in-country appeal rights,
I assume you still have valid visa. If so, appeal will protect your 3c work rights,
I will recommend you to open a new topic, So that other members who have come across the situation could assist youwith FLR(M) queries,
Contact a good immigration adviser before making any decision,
All the very best for your success,
Kind Regards,
Teddy

[CR001]

Dear Pusm,
I will recommend you to open a new topic, So that other members who have come across the situation could assist youwith FLR(M) queries,
Contact a good immigration adviser before making any decision,
All the very best for your success,
Kind Regards,
Teddy

User pusm already does have many topics and has received substantial advise from members.

member/pusm/posts/

[vut88]

Congratulation Teddy, it is really a good news for all the people who has similar issues. Thanks for sharing...

[teddy0409]

***Update***
Just to give an update after permission to appeal in oral hearing (31-08-2017 and sealed order served by court on 27-09-17)
HO have approched the court on the last day (01-11-2017) to extend their 35 days timelimit to respond and prepare their grounds for full hearing,

Will keep you updated if I receive any more update,
Also please share your case info if you are in a similar situation ( HO requesting to extend the 35 days timelimit)
Kind Regards

[teddy0409]

Dear Family,
I am so glad to confirm that our JR final hearing is successful today and Judge have quashed home offices
of their decision is not according to the law,
It is a 322(5) refusal for late tax submission and Judge found I am person of good character and Claimed HO failed to see my immigration history on whole, Though it is only her opinion and doesnt formulate HO to reconsider the application, What formulated is Judges decision saying the HO’s all three decision letters
(Inital, AR and Amended Decision) have not given a proper reason for the refusal, and of mistaken fact,
HO have agreed to pay all the legal fees and may or maynot come back and refuse with a new decision. But as of today, HO have decided not to go for court of appeal and not made any direction in the court.
The good news is my wife qualifies for 10 year long resident and will allow her to vary the application under ILR(LR) as our period becomes legitimate stay until another decision.
Our barrister said HO may consider to issue ILR or come with a new refusal at a later stage,
But the problem HO is now going to face is to find a legitimate, lawful reason as now I have submitted bundles of evidences. All post evidences and documents I have submitted prior to final hearing will become pre decision evidences in front of HO and now they are obliged to look in with a fresh aspect and HO must consider all these evidences before taking a new decision,
I wish all the very best for all your visa applications and court proceedings, Hope you all will get a favourable decision.
Kind Regards,
An

[r_shanam]

Hi Ann,


Congrats for your successful JR hearing about 322(5). Also Can you please tell me what evidences have you provided about late tax amendment submissions. what documents will be good to submit in front of judge to accept them. any other additional positive details about tax documents.

thanks

Regards
shanam

[sen18]

congratulations and if you don't mind please share the evidence you used for your case

[Vegeta]

Congrats mate, your case proves there’s hope for many others. Hope you get your ILR soon. All the best

[surajid]

Hi Ann,
I have been rejected my set O ILR with 322(5) for amending tax. Then after Admin Review of -ve result I applied FLR(FP) and applied ILR(LR) after 4 weeks of application of flr fp. Now I have appeal hearing date is in September 2018.
One of the solicitor advised me to file the JR to challenge the HO decision and hence I have put the JR application 4 weeks before and haven’t got any response yet. Now my current solicitor says that I put myself in danger by applying JR to file and I must withdraw the JR application asap.
I am looking for a right suggestion whether to withdraw the JR and just go for appeal hearing?
Your suggestion will mean a lot for me.

[teddy0409]

For a late submission I received a document from HMRC stating that it is only a late filing and not amended

If it is a JR, Judge accepting or refusing a post decision document evidence does not matter,
Thats because, Power of Judge is very limited and any document we contest has to be sumbitted before HO taking decision. Any post decision document will not be taken in to account unless it only further clarifies your document submitted at the time of application

[teddy0409]

Hi Ann,
I have been rejected my set O ILR with 322(5) for amending tax. Then after Admin Review of -ve result I applied FLR(FP) and applied ILR(LR) after 4 weeks of application of flr fp. Now I have appeal hearing date is in September 2018.
One of the solicitor advised me to file the JR to challenge the HO decision and hence I have put the JR application 4 weeks before and haven’t got any response yet. Now my current solicitor says that I put myself in danger by applying JR to file and I must withdraw the JR application asap.
I am looking for a right suggestion whether to withdraw the JR and just go for appeal hearing?
Your suggestion will mean a lot for me.

Dear Surajid,
I have very least knowledge on this issue, But sure some moderators can answer your query shortly,
As it is a do or die situation, I would like not to to distract your case,
Accept my apologies, Regards, An

[ouflak1]

For a late submission I received a document from HMRC stating that it is only a late filing and not amended.

This is a key point that I do hope everyone keeps in mind. There is a difference, in the eyes of the HO, between appearing to deceive the government, and merely not paying your taxes on time. No government likes either, but it's clear where the UK government stands and to what degree.

[teddy0409]

For a late submission I received a document from HMRC stating that it is only a late filing and not amended.

Dear Ouflak1,
I agree your point brother,
In my case I have not amended the HMRC records and HO have not engaged the 322(5) for late filing but they have implemented 322(5) discretionary for amendment, This is a mistaken of fact. Not paying the taxes on time with a credible reason does not catch 322(5) but amending does,
Regards

[teddy0409]

Dear Members,
I would like to ask you the following questions and seek your advice,
I have given my timeline below,

1. Visa Category: ILR Tier 1 (General)
2. Application By Post/PEO: PEO - 27/05/2016
3. Further Documents Provided Date:03/06/2016
4. Date and Reason For Refusal: 26/06/2016 - 322(5) Late Tax Submission (2012-13)
5. Admin Review submission Date:03/July/ 2016
6. Admin Review Refusal Date:28/July/2016
7. Admin Review Refusal Reason Same/Different: New refusal letter with same 322(5)
8. PAP Submission Date and Refusal: 30/08/2016
9. Acceptance/ Refusal Date: Refused in PAP - ?/Oct/2016
10. Filed JR - 28/10/2016
11. JR Response - Refused in Papers on 06/04/2016
12. JR Oral Hearing - Successful (Approved Permission) 31/08/2016
13. Recent Status - Full Hearing - Successful - JR Quashed HO Decision is unlawful - 12/04/2018 and asked to provide a new lawful decision
14. In the court HO agreed to pay all the legal costs
15. Court of Appeal - Pending

My solicitor mentioned that practically I do not have 3c right but I am not a overstayer as the time is now gone back to HO decision pending stage....

While myself and my wife applied for our Tier 1 G ILR 5 Yr Route, We are 3 months short to 10 Year ILR Route, As the JR quashed the HO decision, We now have 10 year route enabled, Is it right?
IF so,

(1) Scenario 1:
If HO goes to COA could I able to still apply to vary myself and my Wife's Tier-1 G 5 year route ILR pending application to 10 Year ILR, If so will I get In country appeal rights?


(2) Scenario 2:
My Wife on her own qualified for 10 year LR as she is in UK since Oct 2006 as a student, and then House wife, Not working in UK, No tax related issues
I believe she will secure her ILR based on 10 year LR route, If so in worst case scenario I could apply as her dependent in the future and If 322(5) bites on that I could go for appeal

(3) Scenario 3:
Leaving the case as it is and HO giving a fresh decision to allow ILR or refuse ILR
IF refused again considering as a fresh decision will take the same route of AR, PAP and JR

(If HO refuses again will I be offered 28 days to apply under another visa category?)

I personally believe Scenario 2 to be the best available option as at least it will enable my wife to secure ILR,
Please let me know your thoughts on the same,
I am having my Solicitors appointment next week and any suggestion from your side will be vital for our discussion,
As applicants know more insight...
Sorry for the lengthy email,

Kind Regards,
An

[CR001]

Topics Merged (click)

[teddy0409]

"After JR - Options to vary to 10 year LR (ILR)"
Moderators and Friends,
Could you kindly shed your input on this post as it will be very greatful,
I am having my solicior appointment shortly to decide which way we are going and any past experience from your side will be of great help,
Kind Regards,
An