ILR refused with 322 but 30 months visa granted

[Minna]

Hi plz need help.

I entered uk in feb 2008 as tier 4 student. Applied for PSW in feb 2009 but got refused on deception with reason that i have submitted false document. I appealed and won and judgement was to grant me leave. The home office did not however granted me brp and my passport back until august 2013 when they granted me 1 month tier 4 visa.

But before that in june 2013 i married non eea tier 4 student. When i got my visa i switched to her dependant. I was first refused on me being not genuinly married however i apealed and home office overturned the decision before apeal hearing. I subsequently got 2 more tier 4 dependant visa exetensions without any problem.

Now when i completed my 10 years i applied for ILR LR and got refused that i used deception back in 2009 and i failed to disclose this in my current application (ref. 322 (1A) therefore i am not eligible for ILR but caseworker is satisfied to grant me 30 months limited leave once i pay 500 health surcharge.

Plz guide what should i do.
If go accept 30 montgs visa does that mean i accept that i uses deception but i did not.
How could i disclose a deception when i did not deceive and i have judgement on that.
Should i go for JR? It will cost me around £8k and i am stuck.

Plz guide me on this as i only have 5 more days to decide what to do.

[kayden636]

just accpet 30 month you wil b refused again

[vinny]

If the previous successful appeal absolved you of any deception, then I believe that they shouldn't have ignored it. This makes a mockery of the previous judgment.

However, did you enclose the details of the judgment? If you didn’t, then ask for a reconsideration and enclose the judgment, explaining that there was no deception to declare.

Else, make a complaint and report to the Independent Chief Inspector, etc.

[Minna]

Kayden: Accepting 30 months will put me on 10 year route again which is so deprating.

Vinny: i did not enclose the judgmnt believing that they have everything in their system.

What is way of asking reconsideration? As they only askes for health surcharge payment via an online link.
Should i pay for health surcharge meaning accepting 30 months along with a reconsideration at ILR or just a reconsideration. Bcz if i do not pay health surcharge my application will be invalidated and will be refunded any fee, no apeal right as well.

Can i do both together?

[vinny]

If time is short, then probably do both? Pay the IHS and ask for a reconsideration (click on link).

Do a SAR to see what records they have on you.

[Minna]

If time is short, then probably do both? Pay the IHS and ask for a reconsideration (click on link).

Do a SAR to see what records they have on you.

Thanks alot. This is really helpful.

[kayden636]

look at the end off day u wil only b getting 30 month as ho office have all recored some record thay dont show in sar but thay have on thair file

[Minna]

I am ok with geting 30 months at tge moment but do not want to accept the allegation and spend another 10 years like so.
Just want to clear this 322 so i could reapply for ilr any time soon. Also there is a chance that subsequent extensions could be refused in future on the basis that i did not disclose deception in 2018 application.

[zimba]

I am ok with geting 30 months at tge moment but do not want to accept the allegation and spend another 10 years like so.
Just want to clear this 322 so i could reapply for ilr any time soon. Also there is a chance that subsequent extensions could be refused in future on the basis that i did not disclose deception in 2018 application.

Being granted 30 months visa on its own is not admission of guilt
As you are not applying for a new application at the moment, the reconsideration should do the work. If that didn't happen, you must be able to apply under SET(LR) again with the details of the court judgments.

[Minna]

If they reconsider the case are there chances they give ILR. If tgey are satisfied or would tbey give 30 months and ask to reapply later?

My wife has got tier 4 visa until december 2019. Would i be able to apply her as my depandant near her visa expiry on the basis of my 30 months visa?
If yes in what category? Dependant of?

[zimba]

If they reconsider the case are there chances they give ILR. If tgey are satisfied or would tbey give 30 months and ask to reapply later?

Yes if your refusal was only due to that deception case

My wife has got tier 4 visa until december 2019. Would i be able to apply her as my depandant near her visa expiry on the basis of my 30 months visa?If yes in what category? Dependant of?

If you manage to get your ILR under long residence then she will have to switch to FLR(M)
If you remain under a visa outside the immigration rules, I believe she should apply under FLR(FP)

[Minna]

If they reconsider the case are there chances they give ILR. If tgey are satisfied or would tbey give 30 months and ask to reapply later?

Yes if your refusal was only due to that deception case

My wife has got tier 4 visa until december 2019. Would i be able to apply her as my depandant near her visa expiry on the basis of my 30 months visa?If yes in what category? Dependant of?

If you manage to get your ILR under long residence then she will have to switch to FLR(M)
If you remain under a visa outside the immigration rules, I believe she should apply under FLR(FP)

Yes the refusal is only due the deception thing. Plz answer one more question. In case of flr fp does the time already spent by her in UK go back to zero and she would have to spent certain years to be eligible for set lr?

[zimba]

No. Under SET(LR) the time includes continuous lawful residence under any visa category, even tourist visa

[Minna]

No. Under SET(LR) the time includes continuous lawful residence under any visa category, even tourist visa

Hmm. Thank you all. I am going to pay health surcharge and also send them PAP (pre action protocol) through a solicitor. I hope things get better.
Plz all pray for me. Thanks

[Minna]

Hi everyone. Today i got a response from PAP team saying that they are advised by the relevant team to reconsider the ILR application and aim to make a decision within 3 months.

The letter also says that sufficient remedy has been provided therefore the pre action protocol is now concluded however if you wish to proceed with JR the address is given below."

Please guide me what do they as sometimes they say something and i get something else. Does that mean they will reconsider and grant ILR or they will reconsider and still they can refuse?

[bizman]

Yes they will grant ILR

[Minna]

Yes they will grant ILR

How about the time given? Now PP says within 3 months that means within 3 months? Or HO can take longer than the given time?
If they do not respond within 3 months, what action i can take? Does my JR option will no longer work after 3 months?

[Atif786]

I am ok with geting 30 months at tge moment but do not want to accept the allegation and spend another 10 years like so.
Just want to clear this 322 so i could reapply for ilr any time soon. Also there is a chance that subsequent extensions could be refused in future on the basis that i did not disclose deception in 2018 application.

Hi Minna, as you have mentioned that after your deception was clear through court , you applied for 2 tier 4 dependent extension , have you ever mentioned or disclose about Your deception in those subesequesnt application , if you have not declared your Dceeption in the previous 2-3 applications and you were granted the visa so how come come they expect you to disclose it in your ILR application .
Plz answer to clarify .

[Minna]

Yes i did not disclose

[Atif786]

Yes i did not disclose

Did you disclose about deception in your Ilr application ?

[Minna]

No because there was no deception

[Atif786]

I think you are safe as I read somewhere in the immigration guidance under general ground for refusal , it says that if applicator has failed to disclose any material facts in the application form but that fact was addressed in the previous applications or settled through court so , don’t refuse the visa , this was in modernaised guidance to case worker , just go through it .