Need advice on my case after AR refusal

[siftkhanz]

Apologies in advance if this question has been asked before but I am confused as to what my options are:

8th June 2016 Applied for ILR Set O Tier 1G route
10th June 2016 Tier 1G expired
4th April 2017 Application Refused
10th April 2017 AR Filed
17th May 2017 AR Refused

Ilr refused under section 19 (i) and (j)

My lawfull 10 years were completed 28th Jan 2017, the lawyer I consulted said apply for AR which will be refused than go for JR and fresh application for SET (LR) simultaneously as they can be done parallel to each other so just need opinion of experienced people over here that what should be the best course of action now ?

[BSatti]

Sorry to hear that.
What is the reason for your refusal? Is it tax discrepancies/amendments?

We are on the same boat, as my husband applied for SET (O), which got refused due to tax discrepancies, AR also refused, filed for permission for JR which also got refused. Meanwhile he also completed 10 years and applied for SET (LR), which is still pending decision.

[siftkhanz]

caseworker not satisfied income is genuine ... tax amendment for 1 year in the last 5 years but no tax due which was confirmed by the HMRC in writing as well ... also submitted to the caseworker

[siftkhanz]

sorry to hear about your husband I guess there are loads of people like us but HO is shooting everyone with the same arrow ... also how long ago your husband applied for SET LR and did you guys think about going to PEO ?

[monty87]

8th June 2016 Applied for ILR Set O Tier 1G route
10th June 2016 Tier 1G expired
4th April 2017 Application Refused
10th April 2017 AR Filed
17th May 2017 AR Refused

Ilr refused under section 19 (i) and (j)

My lawfull 10 years were completed 28th Jan 2017, the lawyer I consulted said apply for AR which will be refused than go for JR and fresh application for SET (LR) simultaneously as they can be done parallel to each other so just need opinion of experienced people over here that what should be the best course of action now ?

You should apply for SET(LR) if you have continuous lawful residence for at least 10 years as of 28 Jan 2017. You should put this application within 14 days and can also let home office know that you have taken necessary steps(copy of pap etc) to challenge their previous decision and have every intention to pursue Judicial Review if needed. You can lodge JR and apply for another application simultaneously.

Good Luck.

[siftkhanz]

Thank you Monty87

really appreciate your suggestions

[paboluuk]

caseworker not satisfied income is genuine ... tax amendment for 1 year in the last 5 years but no tax due which was confirmed by the HMRC in writing as well ... also submitted to the caseworker

Hi siftkhanz, Sorry to here that your visa been rejected. Make an application, If you're allowed for ILR (LR)
and mean while you can fight for JR.

If you don't mind could you please explain your case bit more detail like
1). Self-Employeed/Employed
2). Done your Tax Amendments and paid off all taxes, after you submitted your application
3). Have you send any other documents after submitting your postal application
4). Did you attended interview ?

Sorry to ask these many questions.

Many Thanks

[sam2017]

Bsatti or anyone JR refused!

Can you please explain when JR refuse! What was reason did they not accept your arguments and while refusing did they not considered your 10 years ! Have you done amendment after refusal?

When you apply for LR was it been mentioned in JR?

Sorry to ask you so many questions!
Because I recently found same case JR was successful! Even though amendment was after refusal.

Hard to understand and decide which option should to go JR or new application.

Thanks

[siftkhanz]

caseworker not satisfied income is genuine ... tax amendment for 1 year in the last 5 years but no tax due which was confirmed by the HMRC in writing as well ... also submitted to the caseworker

Hi siftkhanz, Sorry to here that your visa been rejected. Make an application, If you're allowed for ILR (LR)
and mean while you can fight for JR.

If you don't mind could you please explain your case bit more detail like
1). Self-Employeed/Employed
2). Done your Tax Amendments and paid off all taxes, after you submitted your application
3). Have you send any other documents after submitting your postal application
4). Did you attended interview ?

Sorry to ask these many questions.

Many Thanks

Hey paboluuk

Thanks for the suggestion that is almost everyone suggested me to go for Set LR and at the same time apply JR

about my case
1) Self Employed / Employed
2) Did tax amendment but in a different way like everyone else (declared income 41K paid taxes on 36K) needed 35K for my extension, did not have to pay extra tax which HMRC confirmed in the letter they sent me .... and ... no where in my refusal HO have mentioned anything about tax / amendment / discrepancies etc
3) Sent 2014 tax returns copy, another bank account statement which they asked me if I have got any
4) attended interview back in March 2016

No need to apologize buddy, to be honest dont want anyone to suffer like I am so feel free to ask as many questions as you like I will try to give you the answers related to my case / application so far

take care

[nomanwahab]

Hi siftkhanz
Dont worry brother everything should be fine. Same thing happend with my close friend applied set o may 1 2016 . Interview called october 2016. Refusal letter received march 15 2017. Same reason not satisfy selfemployed incime. He done all amedments before applied.
On 15 april applied set lr 10 years PEO glasgow. No question asked about previous application. Passport expired during last application. They ask some time to arrange new passport. 1 may 2017 set lr application approved.
Hope this will give you some hope about your 10 years set lr application.

[Tension_2016]

Hi siftkhanz
Sorry to hear about ur refusal could u please explain the other refusal section what does that mean
I think one section explain that Home Secretary is not satisfied with ur earnings so points cannot be awarded but what is other section
Thanks
quote="siftkhanz"]

caseworker not satisfied income is genuine ... tax amendment for 1 year in the last 5 years but no tax due which was confirmed by the HMRC in writing as well ... also submitted to the caseworker

Hi siftkhanz, Sorry to here that your visa been rejected. Make an application, If you're allowed for ILR (LR)
and mean while you can fight for JR.

If you don't mind could you please explain your case bit more detail like
1). Self-Employeed/Employed
2). Done your Tax Amendments and paid off all taxes, after you submitted your application
3). Have you send any other documents after submitting your postal application
4). Did you attended interview ?

Sorry to ask these many questions.

Many Thanks

Hey paboluuk

Thanks for the suggestion that is almost everyone suggested me to go for Set LR and at the same time apply JR

about my case
1) Self Employed / Employed
2) Did tax amendment but in a different way like everyone else (declared income 41K paid taxes on 36K) needed 35K for my extension, did not have to pay extra tax which HMRC confirmed in the letter they sent me .... and ... no where in my refusal HO have mentioned anything about tax / amendment / discrepancies etc
3) Sent 2014 tax returns copy, another bank account statement which they asked me if I have got any
4) attended interview back in March 2016

No need to apologize buddy, to be honest dont want anyone to suffer like I am so feel free to ask as many questions as you like I will try to give you the answers related to my case / application so far

take care[/quote]

[siftkhanz]

Hi siftkhanz
Dont worry brother everything should be fine. Same thing happend with my close friend applied set o may 1 2016 . Interview called october 2016. Refusal letter received march 15 2017. Same reason not satisfy selfemployed incime. He done all amedments before applied.
On 15 april applied set lr 10 years PEO glasgow. No question asked about previous application. Passport expired during last application. They ask some time to arrange new passport. 1 may 2017 set lr application approved.
Hope this will give you some hope about your 10 years set lr application.

Thank you brother for sharing your friends scenario, this definitely brought some solace to myself, need prayers from you ... JazakAllaH

[siftkhanz]

Hi Tension_2016

Sorry buddy to be honest I didnt understand your question but from what I did understand is I think you are asking about the reasons my visa was refused they were not satisfied with the point 19 i and 19 j, these notes can be found on the link below
https://www.gov.uk/guidance/immigration ... attributes

I hope it answers your query

[BSatti]

Bsatti or anyone JR refused!

Can you please explain when JR refuse! What was reason did they not accept your arguments and while refusing did they not considered your 10 years ! Have you done amendment after refusal?

When you apply for LR was it been mentioned in JR?

Sorry to ask you so many questions!
Because I recently found same case JR was successful! Even though amendment was after refusal.

Hard to understand and decide which option should to go JR or new application.

Thanks

We did the tax amendments after the refusal. We provided the proof of it and letter from accountant taking the responsibility of the mistake done on his behalf in our oral hearing, however the judge said that these evidence were not provided to the case worker at the time of decision, so case worker is right in refusing your application. The judge suggested us to go for a new application and provide all this evidence to HO with your application.

[BSatti]

sorry to hear about your husband I guess there are loads of people like us but HO is shooting everyone with the same arrow ... also how long ago your husband applied for SET LR and did you guys think about going to PEO ?

Yes you are right.
My husband applied for SET (LR) in October 2016, however he completed his 10 years in January 2017. So at the time we couldn't apply for PEO as three months were left to complete his 10 years.
In January we requested to go for PEO but our request was not accepted. This month my husband received a letter from HO saying your application cannot be processed in 6 months time frame, so we would try to make a decision by 14th August.
Let's see what happens.

Good Luck to you and everyone! I know how stressful it is for everyone like us.

[siftkhanz]

Hi Bsatti
Thank you very much for the update and good luck with the application and keep us posted if there is any update ... I will try to the same if there is any

take care

[sam2017]

hi

Bsatti

thank you for your update.

Dont have words for this,Last month one guy went to JR after Refusal on LR becuase of Tax issu,AR Failed as well, he went to JR, only last for 30 mins he had also done amendemnet after Refusal and Judge Accpeted it he has also put 322(5).

when you say judge told you make other application HO Agreed with it? if yes then what is the issue with Case worker to take this much long? are you allowed to work while this application?

[ITEXPERT]

Hi siftkhanz
Dont worry brother everything should be fine. Same thing happend with my close friend applied set o may 1 2016 . Interview called october 2016. Refusal letter received march 15 2017. Same reason not satisfy selfemployed incime. He done all amedments before applied.
On 15 april applied set lr 10 years PEO glasgow. No question asked about previous application. Passport expired during last application. They ask some time to arrange new passport. 1 may 2017 set lr application approved.
Hope this will give you some hope about your 10 years set lr application.

That's really positive, would you mind sharing more detials like his amended tax and the reason provided for initial refusal which are now overturned? Thanks

[ITEXPERT]

Hi Bsatti
Thank you very much for the update and good luck with the application and keep us posted if there is any update ... I will try to the same if there is any

take care

Hello khan. Are you applying in person or postal?

[BSatti]

Thanks.

@sam2017,

The judge informally advised to apply for a new application as our JR had no merit. The HO barrister didn't say anything about it. TBH the court didn't give a heed about our case. The whole hearing took less than 20 minutes. The main argument made was that the evidence of tax amendments were not available to case worker at the time of decision.
For SET (LR) application, we are thinking to wait till August as advised by letter received from HO. After that we will apply for PEO.

It is a long journey but hopefully the ending will be happy.

[siftkhanz]

Hi ITEXPERT,

At the moment I am still consulting lawyers to see what their opinion is but to be honest I personally feel like going in person because in post they going to take forever again ... thats my gut feeling so far ... what about you any opinion yet ?

regards

[monty87]

to be honest I personally feel like going in person because in post they going to take forever again ... thats my gut feeling so far ... what about you any opinion yet ?

regards

I think you should go in person for SET(LR), it does not really matter how complex or straightforward your case is, HO shouldn't have the premium service at the first place and charge high fee if they cannot make the decision on same day or couple of weeks in case of further enquiries. Being a Tier 1 General migrant, your intention is to clarify your position with Home Office as soon as possible and survive economically in UK. PEO application is the best way for caseworkers to seek clarity from the applicant regarding the information at hand, such as requesting to interview, filling in questionnaire or any explanation needed. In case Home Office refuse application, you could also put all these things in judicial review as a result of procedural impropriety and irrationality of decision that Home Office simply referred to previous decisions without giving any consideration or scrutiny to documents and submission in current application.

[sam2017]

Thanks Bsatti

yes just hope for the Happy ending....

my pap is also saying this case worker took right decision as this was done after refusal.

Have HMRC updated during/Before AR Process or near to JR? When was actuall Amendment completed?



my point of view is i dont want to put second application now as if i go for new application they will come back on JR with this application is already processing.

This JR will take may be 3 months and new application may be other 7-8 months!!!

is work allowed during second Application! so i might leave JR and go for Second Application

[ITEXPERT]

Hi ITEXPERT,

At the moment I am still consulting lawyers to see what their opinion is but to be honest I personally feel like going in person because in post they going to take forever again ... thats my gut feeling so far ... what about you any opinion yet ?

regards

Same PEO but in the middle of Pacific ocean. Who will be the right person who can fight this for us

[sam2017]

When we talk about to put onther Applicaiton after Refusal what paper work should be added obviosuly all this tax issue matters covering letter,HMRC updates and all but i am not working from last may be more then 8 months so income criteria i have long term bank loan to run my house hoping that when this finish will pay off