I want to ask if I get refused my ilr application in tier 1 general and after I apply LR on my 10 years for continuity of LR but the same time can I go for JR to challenge HO in previous application refusal Thanks Yes you can. You can apply in any other category with 14 days of your refusal and cha...
If you're confident that Home Office has only refused on the basis of wrong data then let them reconsider your application as it is the same effective remedy you will get after quashing order from court and case law . If Home Office has consented to pay reasonable costs to be assessed if not agreed ...
If the remedy sought by way of Judicial Review is quashing order i.e reconsideration then Home Office will simply reconsider your case. You can try to persuade them to grant ilr outright but even if you win JR, case will go back to Home Office for reconsideration in the light of conclusive findings ...
No. Judge will consider the evidence which was infront of caseworker at the original decision. It still remains a fact that tax was not paid when you were refused so HO decision is correct. You are confusing appeal and Judicial review. Judicial Review is mostly concerned with the correctness of the ...
@ sam2017 Sorry to hear about your refusal however technically speaking HO is correct that you did not pay tax at the time of initial refusal decision which was being reconsidered. Its unfortunate that they have wasted your 3.8 months and given same refusal reason. Ideal situation in your circumstan...
hi friends i need help, my friend applied for indefinate leave to remain due too domestic voilence, home office refused then we applied 1st tribunal they refused again now i applied judicial review and they granted me permision to application, now i received a letter from tsols they said homeoffice...
@ Karu Judicial Review is the only remedy to challenge HO Decision however reading through refusal letter, I don't think there is much chance as visit visa's are discretionary and also take into account applicant current circumstances, previous travel history and sufficient ties to home country. Fro...
Hi Puradamit I got your point but still HO hasn't confirmed about 3c Even when I go for sign on every month they are not clearing this to me. Today 4 months has finished no reply from HO. I am still wondering where is this application? Not even single reply from them! If you made an intime applicat...
Just for the record I paid £381.40 in 2014 and then in 2015 finished my self employed status as I lost both my clients. Will the home office question this or does the case worker understand tax calculations?? i'm planning to apply PEO in March? What documents should I take to proof that i didn't ev...
Refusal is inevitable in this application. I would suggest to post 2nd application within 14 days if your visa has expired. You will need to provide credible explanation in your 2nd application with documentary evidence that will demonstrate that it was an error between income declared to HO and HMR...
Thanks. As you said I don't have 3c, but nmy SR is rejected its not refused. In Ar they said they are going to passed back to review their original decision. So in that case do you think my 3 c will continue as case pending? Please clear me if i am wrong. I am trying to find if case went back to th...
I am bit confused now. My visa expired on 14/10/16. I made in time appli on 4/10/16. Got refusal on 24/11/16. Made in time appli for admin review on 6/12/16. For example if I make Ilr appli on 16/1/17 then by default my admin review appli will be withdrawn on 15/1/17. Will HO will consider me as an...
Hello. My tier 2 visa was refused and i applied for admin review. I still didnt get reply from HO. However in this time i completed my 10 years. My question is can i go for same day and apply for ilr. I dont have my passport. it is still with HO. Will i be able to work after i applied for ilr eithe...
Hi Monty87 Whereas I am more precisely trying to understand as how HO does the claimed income calculation Vs Tax Claimed in cases when Income Claimed is cutting across 2 FY's Your answer is still in the thread. Home office will basically add your total income claimed in tax returns FY 2012/13 and F...
But JR is finished as HO has taken the refusal decision back during process of JR and said ll give new decision . If you made an intime application for ILR and home office has agreed to reconsider their refusal decision, you are technically protected under your 3C leave as it would imply that you h...
Unfortunately not. With changes in Appeal right section of Immigration Act in April 2015, applicant has no right to live or work in UK while they are undergoing appeal process as it used to be in immigration act 2014 - This is the implication of Judicial Review. If you do not have valid leave, your ...
Can i provide the webpages when it was active. The dns report when the website was hosted? Client B have a client and I developed their website and it is still active but Client B don't have their own website. They are ready to provide me any documents I require but I don't know what documents shou...
No, deception is not automatically removed. ILR applications will go through previous immigration history checks. Immigration rules states that applicant must not fall for general grounds of refusals for leave to remain applications which I have stated already. 322(1a) and 322(2) is false representa...
You can see in Dancing guy case he even got ILR despite having deception. I have few visa application approval, the link Vinny shared a court case is another example. What is your view on the cases where Home Office subsequently grants visas despite deception in the past? How can we challenge if al...
I need someone to shed light on this please. If someone had visa refused in past for using forged document, then switched on another visas and successfully been granted, what effects this can have on ILR application? Can Home Office go back to past? Deception in previous applications which has not ...
Hi Members, Our PAP draft Grounds prepared by Barrister/Solicitor seems very very weak. How can we move ahead, Can we file PAP on our own and disregard Solicitor draft. Kindly advise You can surely use your own grounds however I would recommend to use legal representation at PAP/JR stage. You can p...
Hi all, My ILR and AR was refused under para 245CD of the immigration rules with reference to 322(5) of appendix A. I have tier 1 visa valid till Feb 2018 and going for JR. My solicitor is preparing pre action protocol. Currently I am on maternity leave and planning to join back in March 2017. I ha...
Did you have additional tax to pay after amendments? If yes, I would suggest to provide credible explanation why did you not file tax returns at the time as you possibly did not declare your self-employed income to HMRC which you were supposed to if you were self-employed that time which you told Ho...
