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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
As we started residing in 2011 our 5 years of residence completed in 2016.Obie wrote:If he came in 2008, why is he applying 2016 for ILR, I though he would have qualified since 2012 or 2013 at the latest.
Does he currently have leave to remain.
I cant see much good coming out of a new application.
Once they refuse under deception, subsequent application are refused on the basis of deception, unless the deception allegation is robustly challenged.
Obie the OP says "He received 1st entry clearance in 2008 but we came to reside in 2011."Obie wrote:If he came in 2008, why is he applying 2016 for ILR, I though he would have qualified since 2012 or 2013 at the latest.
Does he currently have leave to remain.
I cant see much good coming out of a new application.
Once they refuse under deception, subsequent application are refused on the basis of deception, unless the deception allegation is robustly challenged.
I agree Obie...it took me a while to figure out.Obie wrote:You are right, when he said but we came in 2011, I thought OP was possibly referring to herself and a third person, like a child, whiles the Husband came in 2008. As it is quite a long time to wait before coming to the UK, after being granted entry clearance.
But thanks for the Clarification OP.
Under AR Refusal19 (I) (j), balance of probability that earnings are not genuine.Obie wrote:Thanks Casa. You have a great attention to details.
@ OP, if deception accept is removed, which operative of the refusal remains.
Thanks Obie.Obie wrote:Then a JR will be most appropriate, or he can never possibly succeed on the same evidence.
You have no statutory right of appeal, so the Upper Tribunal will determine the facts.
Dear Obie/Casa and everybody. please your comments on above information. Regardsash2017 wrote:Thanks Obie.Obie wrote:Then a JR will be most appropriate, or he can never possibly succeed on the same evidence.
You have no statutory right of appeal, so the Upper Tribunal will determine the facts.
We have been given with the opinion that if we submit a fresh application then we can include:
ct600 + accountants letter for explanation of amendment + information with the evidence that his earnings were ok even without amendment + we can submit our 1st extension approval of 2011 which was on overseas earnings and my husband achieved more then 45 points and he actually needed 30 points only so it gives re-assurance on the earnings level that even before started residing in UK.
Can we include these evidences in JR?
Plus we have been told that application might will again be refused but then JR would be very strong.
Thanks ObieObie wrote:Well i am really not sure if i have Veto power over your representatives.
The UKVI are legally bound to seek further evidence under the Evidence flexibility provision but they did not.
You can try their option, but i have little faith in it.
Wish you all the best.
Last five year SA302's were submitted and only 1 year had an amendment (without amendment also we were qualifying. But once they did not included the dividends on the face value of refusal and 2ndly they have taken net dividends and not gross dividends on the face value of admin refusal so for our understanding inconsistency showing were due to those reason and tried to explain that but not worked.HarryJones wrote:@ ash2017
were you given a new/correct SA302 reflecting the amendments?
HMRC given updated SA302.HarryJones wrote:You did not seem to directly answer the question.
I mean did HMRC give you a new SA302?