ILR refused and AR failed, but Why and what should I do?

[uktier1hope]

Let us wait for the gurus to speak !!!!

thanks for your supporting.

[protagonist8]

Hi
what sort of deception it is ? 322 or 320 ?

[uktier1hope]

322

[protagonist8]

fresh application is a better option

[protagonist8]

322 is not mandatory , so you can send fresh application , just send a cover letter to explain along with proofs and you,ll be ok

[uktier1hope]

322 is not mandatory , so you can send fresh application , just send a cover letter to explain along with proofs and you,ll be ok

Dear Protagonist8,

My only concern is about the absent days if I re-apply a fresh one.

Since if I do a new application, the absent dates will be caculated as following:

Feb 2015 till Feb 2016
...
Feb 2013 till Feb 2014
...
Feb 2011 till Feb 2012

which had one year absent for 190 days.

My previouse case was:

Oct 2014 till Oct 2015
...
...
...
Oct 2010 till Oct 2011

which was fine
...

[protagonist8]

not sure about that but if i come across any info i,ll let you know , i am facing same like you and advised for fresh application.

[uktier1hope]

not sure about that but if i come across any info i,ll let you know , i am facing same like you and advised for fresh application.

thanks mate, please keep in touch.

wish you a better luck than me

[protagonist8]

you,ll be ok . i dont think absent gonna be an issue , but confirm before you go

[protagonist8]

not sure about that but if i come across any info i,ll let you know , i am facing same like you and advised for fresh application.

thanks mate, please keep in touch.

wish you a better luck than me

check message plz

[adamsmith]

By the way... I am planning to apply JR then left UK...I dont want to be an overstayer...will the JR be cancelled? if not, am I able to just apply a visit visa outside UK when the hearing is on action?

Hi,
I am really sorry to hear your story. I am in the same boat as u r. I am scared after hearing your story. However, I have heard also success stories after tax amendment. Please hang in there. Hopefully everything will be ok.

I don't think they will consider you as overstayer as long as your case is in process. Even they refuse u finally, they will have to give u few days in orders for u to get out of the country, so that u don't overstay. So don't worry about that. I am not an expert, this is what I know. Please get some professional advices from a good lawyer. Please keep in touch. Also please if u have any questions don't hesitate to ask. If u want we can communicate via email as well. Let me know, I will PM u my email address.

Good luck...

[uktier1hope]

Dear Adam,

I will update my progress here.

Just make sure bring all the documents you can get before you apply...

[uktier1hope]

Hi Gurus,

Is there anyone can give me some suggestion about the absent days issues I raised above?

Many thanks.

[kirankhalil75]

Dear uktier1hope


Dont lose hope, keep fighting , i think you should apply for JR, i know some people did JR and Home Office withdraw original decision even on Pre Action Protocol Letter.

You have 3 months from the date of refusal ( decision) for JR

Be positive and about holidays i am not sure ..........

[uktier1hope]

Dear uktier1hope


Dont lose hope, keep fighting , i think you should apply for JR, i know some people did JR and Home Office withdraw original decision even on Pre Action Protocol Letter.

You have 3 months from the date of refusal ( decision) for JR

Be positive and about holidays i am not sure ..........

Dear Kirankhalil

Do you think I should apply a JR or submit a new application...or can I do them the same time?

regards

[go2zoo]

Dear uktier1hope


Dont lose hope, keep fighting , i think you should apply for JR, i know some people did JR and Home Office withdraw original decision even on Pre Action Protocol Letter.

You have 3 months from the date of refusal ( decision) for JR

Be positive and about holidays i am not sure ..........

Dear Kirankhalil

Do you think I should apply a JR or submit a new application...or can I do them the same time?

regards

you have a good case, apply for a JR though reputed solicitor or a barrister. paying the tax late or amending the returns after submitting the application is not classified as deception under law and your JR should succeed.

[HarryJones]

let us keep out of tax issues here to avoid being locked.

[uktier1hope]

let us keep out of tax issues here to avoid being locked.

Agreed Jones

About the absent days...can you give me some more suggestion?

[noajthan]

let us keep out of tax issues here to avoid being locked.

+1

[uktier1hope]

Hi Gurus,

If I submit the JR...can I also go for a fresh apply...if I get success in the fresh apply then withdraw the JR ?

[scorpion123]

I don't think they will consider you as overstayer as long as your case is in process. Even they refuse u finally, they will have to give u few days in orders for u to get out of the country, so that u don't overstay.

Sec 3, Immigration Act 1971 is not applicable to JR or Upper tribunal appeals so, anyone that runs out of Visa during either of them being pending/in process will be considered as an over stayer from the very first day after the end date of current leave to remain.

Sec 3 is only applicable when applications are being processed by either HO or there is a pending appeal in first tier tribunal.

[uktier1hope]

Dear all,

I understand that from the date I received the Admin Review Refuse Letter, I am over staying...

However, if I submit a new application within 28 days overstaying, the HO will ignore this overstay and consider my application as normal.

Also, if I left UK within 90 days overstaying, I won't be banned for any future visa to UK.

So that's what I am trying to do:

I will aplly a JR and submit a new applicatino within 28 days of my overstay...

If the new application approved...then I will withdraw my JR...

If the application failed, then I will leave UK within 90 days of overstay and apply a new visit visa to come back once the JR is on hearing.

Any suggestion?

[protagonist8]

Hi
any update ?

[mbili2013]

Dear,

I am not an expert but after reading all conversation, I come to know that you are stick to the point that you amended your tax issues to HMRC well b4 time of an application, but it is common practice now a days even though you amended the HO wont accept any amendments at all even b4 or after the application and applying 322 deception clause to every one.

So you have no other option except to go to court and explain in front of the judge if your case is accepted for hearing at Jr as your AR is already refused. As for as the work allowed is concern the answer is Big NO as your status is not covered under 3c and you do not have right of an appeal.

I have good wishes for you and all the best. t.c

[Mkg]

Hi uktier1hope
I am in same boat, my pap also got negetive response from home office, and I am trying to apply for JR. Can you please share your experience
Thanks