ILR REFUSED/ JR / NOW HOME OFFICE RECONSIDERING

[Arimu2017]

Dear Forum members,

I have been a silent reader here. I would like to share my story.
I applied for ILR under Tier 1 general route on 30July 2016 at PEO and was refused due to amended tax return for year 2010/11. The reason why I amended my tax return before ILR application was that my accountant made error on filling the tax return which didn't result in any additional tax liability. Also I was meeting the threshold but home office still refused my application under section 322(5) on 9/01/2018 after such long wait.
We applied for administration review and it was refused and we filed PAP. Home office asked us to proceed and we filled JR on 18March 2018.
Now last week got a letter from GLD stating that home office is willing to reconsider my application.
I haven't come across any post similar to my case where home office are willing to reconsider the case before tribunal passes any judgments on papers.
Any thoughts ?
Can I expect any positive outcome ?

[teddy0409]

Reconsideration may result in a stronger refusal in many cases or will obtain ILR in few cases.
If you think you have a strong ground, Better go to full hearing and get the decision quashed.
If you have made an in time application you could switch to 10 year route if it is a possibility.
Tell us more about your case and I might able to give more suggestions. Either way be very cautious in withdrawing JR

[Arimu2017]

We definitely have strong grounds as amendment didn't result in any tax liability. I paid tax on correct income which was showing on my SA302.
It's just my accountant made an error while filling the return. He did not entered capital allowance in online submission and rather deducted it from my gross income which resulted in a completly different figure. Even though my gross is correctly reflecting in my invoices and bank statements.
My barrister is suggesting, we should withdraw JR as GLD must have seen as there is no merit in this case.
She asked for consent order to be amended from 3 months to 1month time for reconsideration but they didn't agree.
So very confused as my case is going to drag some more time

[HarryJones]

Reconsideration may result in a stronger refusal in many cases or will obtain ILR in few cases.

You don't need to be negative in your response to others. There is always room for optimism.

[teddy0409]

Numbers wont lie, Please go through this forum and see about refusal after considerations amidst JR, Being realistic opens more possibility and secure us from HO's recent principles than just being optimistic to console the members

[HarryJones]

Apart from the windrush, let us be hopeful that the new head of HO will sort out issues like this also.

[teddy0409]

My barrister is suggesting, we should withdraw JR as GLD must have seen as there is no merit in this case.

This is a sensitive situation, In the light of GLD seeing no viable merit in the case, Please consult with your Solicitor or any third party Soliciotor with Post JR experience, as they would be the best person to render the advise in this matter, The reason is they would have gone through similar sitaution in the past about GLD's consideration scenario

[teddy0409]

Apart from the windrush, let us be hopeful that the new head of HO will sort out issues like this also.

Fingers crossed but press happenings will not affect the legislation, HO is having a strong 322(5) law unlike Windrush, There is a team of Tax lawyers who have recently agreed to conduct a public litigation case against 322(5) being implemented for tax related issues where it was initially mend for terrorism, If they succeed, the very 322(5) law itself will fall, It may take sometime but eventually will happen

[Arimu2017]

Many thanks teddy0409
My Barrister has negotiated new consent order with GLD.

Initially they said no cost but now new consent order states " Respondent to pay Applicant reasonable cost, to be assessed on standard basis, if not agreed"
Any thoughts on this what it means ? I haven't got hold of my solicitor yet

[HarryJones]

[/quote]
Fingers crossed but press happenings will not affect the legislation, HO is having a strong 322(5) law unlike Windrush, There is a team of Tax lawyers ............
[/quote]
See link below:
https://www.telegraph.co.uk/politics/20 ... g_share_fb

[teddy0409]

Yes, Highly Skilled Migrants/Applicants are currently protesting in front of Parliament

[teddy0409]

My Barrister has negotiated new consent order with GLD.

CO doesnt mean to fetch ILR, Even after paying your costs HO could still refuse under a 'Lawful' decision, As I said before 'Fear None', If worst happens go for another JR, Where Judge will not be very happy to see HO taking turns in refusing
If Not We, Then Who?

[HarryJones]

Yes, Highly Skilled Migrants/Applicants are currently protesting in front of Parliament

any information link to this?

[teddy0409]

Search HighlySkilledUk in twitter

[HarryJones]

Even the POTUS refused to be forthcoming and open with his own tax declaration.

[Arimu2017]

My Barrister has negotiated new consent order with GLD.

CO doesnt mean to fetch ILR, Even after paying your costs HO could still refuse under a 'Lawful' decision, As I said before 'Fear None', If worst happens go for another JR, Where Judge will not be very happy to see HO taking turns in refusing
If Not We, Then Who?

Its easier said than done to face worst and apply another JR, All of this legal process takes time and tool, really hostile environment for people

[teddy0409]

I have been involved in the legal battle for the last two years since May 2016 until JR successfully quashed HO's decision, But I pray for you that HO will consider in your favour and you will not go through what I have gone through, Regards

[Arimu2017]

I have been involved in the legal battle for the last two years since May 2016 until JR successfully quashed HO's decision, But I pray for you that HO will consider in your favour and you will not go through what I have gone through, Regards

I can feel your pain. It's a nerve wrecking situation to be in. Thanks for your prayers
Best wishes to you as well and many thanks for all your replies.

[HarryJones]

If the HO wants to put fairness and not double standard into this, they should apply the condition to the people that have revived ILR (with tax errors) right from the commencement of ILR - even if it happened 30 years ago.
Without this, then there is double standard being applied.
There should be fairness and same standard applied across board.
Imagine many of these folks used their life savings to apply for ILR many times - this is a lot of money. I also feel their pains.....SAD!

[HarryJones]

https://timesofindia.indiatimes.com/wor ... 004180.cms

[HarryJones]

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[CR001]

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I strongly suggest you read the forum rules.

[secret.simon]

The Guardian: At least 1,000 highly skilled migrants wrongly face deportation, experts reveal

[Nauman35]

I have been involved in the legal battle for the last two years since May 2016 until JR successfully quashed HO's decision, But I pray for you that HO will consider in your favour and you will not go through what I have gone through, Regards

Hi Teddy ,
Same here applied in May 2016 and now in JR stage battling my way out but JR is refused on papers last week ,Judge rejected the 3 points raised by my solicitor ,didnt accept claim on human rights obviously becuass of type of application being PBS and saying it is not an appeal but a judicial review.

[teddy0409]

Rejection in papers is quite common, Just like a AR refusal, Dont panic, Go to Oral hearing and you(Your Barister) have more chance of representing yourself in front of a Judge, All the best