Tier-1 General ILR Refused 322(5) General Ground of Refusal

[brightmsfstar]

My Tier-1 General ILR application was refused on 14/11/2017.

I submitted the Administrative Review and decision upheld on 12/12/2017.

Reason for refusal was General Grounds due to tax amendment for the year 2013/2014.

All taxes were paid before application.

The lawyer advised I should file FLR FP application on the basis of my two children as my Son was born in the UK and living here for almost 7 years and 10 months while my daughter she was born abroad but living in the UK for last 8 years.

I submitted my subsequent FLR FP application within 14 days of the HO period.

I am also going to submit my PAP hopefully on 04/01/2017.

Can someone suggest if the lawyer suggested right?

Is it compulsory to submit the PAP to challenge the HO decision against my Tier-1 General application within 14 days or we can submit it at any time with 90 days.

Solicitor is saying that we have 90 days to submit the PAP while I think he is saying wrong? I think either he is telling wrong or I don't understand what he wants to say?

I am confused how the HO will take it if JR and Subsequent applications are in progress?

Can someone please clarify if its necessary to submit the PAP within 14 days of the AR decision or what is the max deadline in which we can submit our PAP to Home-Office.

Solicitor also advised that as there is a general ground of approval so I cannot apply for ILR on the basis of 10 year SET LR, Is it correct as well or can I apply for that?

[brightmsfstar]

Can somebody guide?

[brightmsfstar]

PAP submitted on 15/01/2018 and refused by HO via fax on 18/01/2018.

So quick response by HO.

[zimba]

JR has nothing to do with immigration rules. You can have a pending application while challenging HO in court of law. JR is simply to assess if a decision was made lawfully and UNLIKE an appeal process, it is NOT the assessment of the rights and wrongs of the conclusion reached.
This is why the chances of overturning the decision are slim as they are mostly lawful and based on the immigration rules.

[brightmsfstar]

HO has mentioned in the decision that "Though 322(5) is not mandatory but they think it is appropriate".
So if it is not mandatory then why they think it means they have not established.

Is there anybody who is going through the same rough time who could guide or anyone who has gone through this harsh decision?

[Habibullah]

There is a Public group for people with similar issues (tax amendments) you can find on facebook under the name xxxxxxxxxxx. Hope it will help.

[Habibullah]

[LINK REMOVED]

Moderator's Note: DO NOT insert social media links on the forum.

[Habibullah]

My apologies moderator, i was unable to pm the op wanted to direct him to the support group who are helping each other in this case.

[CR001]

My apologies moderator, i was unable to pm the op wanted to direct him to the support group who are helping each other in this case.

You don't have the privilege of the PM function yet as you are a new member, neither does the OP have PM access.

[hafa22]

Ilr 5yr route got refused due to tax amendment. Filed admin review if admin review will be refused. What can i do to apply for 10 yr long route.please help me

[Casa]

The tax amendment issue won't simply disappear. It will still apply under Long Residence.

[hafa22]

They havent gave me points for uk experience and previous earnings. I have been working here since 11years and paid all the taxes. But i wasnt expecting this decision.what else i could do to retain myself in uk

[vinny]

The tax amendment issue won't simply disappear. It will still apply under Long Residence.

Agree. However, Obie has a good point.

[sah10406]

The Home Office has published a review of settlement applications by Tier 1 (General) migrants, which found refusals under paragraph 322(5) were correct.

https://www.gov.uk/government/publicati ... t-refusals