Application refused - Need advise

[kali54]

Dear members,

I would like some advise about my friends ILR application.

He is a spouse of a British citizen and recently applied for ILR after completing 2 years on flr (m) and got refused on the basis that he had provided false documents when he obtained Tier 1 visa back in 2008. He has not been given right of appeal because its a deception case I think.

I have heard from someone that if he leaves the country and make a fresh application from outside the UK then he has a very strong chance of getting a new spuse visa. I would like the opinion of all the members who have come across similar kind of situation.

Could someone advise the best option please

Many thanks

[Amber]

Was your friend refused under 320(7A) if so this may have been a wrong decision which your friend needs to dispute, please confirm. Moreover, was the deception declared when s(he) applied for flr(m).

[kali54]

no he was refused under section 322 (2).

deception was not declarred in flr (m).

someone told him not to waste further time and money in this country. go back and make fresh fresh application. Do you guys see any chances of success?

Please advise

[Amber]

What was the nature of the deception? E.g. what did they do with the documents?

[kali54]

He provided salary slips with his Tier 1 application and HMRC have no record of this employment. HO have confirmed that they contacted HMRC and they were told that my friend never worked in this company.

My friends did do that stupid thing back in 2008. He knows he cant prove HMRC wrong and instead thinking about human rights path but people are saying he has very less chance.

[Amber]

For leave to remain:

When an applicant has used deception either in their current or previous application, for
example, made a false representation, submitted false documents or information or not
disclosed material facts, you:
 must refuse their application under paragraph 322(1A) (when deception has been used
in a current application), or
 should refuse their application under paragraph 322(2) (when deception was used in a
previous application).

Given that it's not a mandatory refusal, there is room for mitigating circumstances to be used (i.e. no more deceptive behaviour, no criminality, member of the community, admitting to the deception and showing remorse etc....) the fact that the person just acted like it never happened in the set(m) form doesn't help. Also if they have children consider Section 55 of the Borders, Citizenship and Immigration Act 2009. This may be enough to ask for a reconsideration.

(1)The Secretary of State must make arrangements for ensuring that—
(a)the functions mentioned in subsection (2) are discharged having regard to the need to safeguard and promote the welfare of children who are in the United Kingdom, and
(b)any services provided by another person pursuant to arrangements which are made by the Secretary of State and relate to the discharge of a function mentioned in subsection (2) are provided having regard to that need.
(2)The functions referred to in subsection (1) are—
(a)any function of the Secretary of State in relation to immigration, asylum or nationality;
(b)any function conferred by or by virtue of the Immigration Acts on an immigration officer;
(c)any general customs function of the Secretary of State;
(d)any customs function conferred on a designated customs official.
(3)A person exercising any of those functions must, in exercising the function, have regard to any guidance given to the person by the Secretary of State for the purpose of subsection (1).

[kali54]

although they dont have any children, am I right in thinking its worth trying here and they should seek professional advise.

There is a hope that he can apply for some kind of discretionary leave or may be human rights case.

[Amber]

Given that it is not a mandatory refusal perhaps asking for a reconsideration of SET(M) and for discretion (which he should write away for now) to be used based on his now good character etc... would be possible. Yes, s(he) should seek professional advice.