PEO/PSC ILR application failed due to 245CD(g)

[motoaxis]

Hi

I have applied for ILR through Tier-1(general) route on 17th May 2016 at Croydon PSC and got refused due to taxation issues.

1. I have applied my first Tier-1 application in April 2011, where I have shown my income from 2sources PAYE salary and dividends (director of a LTD company). For which I have paid all the tax dues in full and in time and also I have all the receipts and proofs. Don't why HMRC haven't got that in their records

2. Second application for Tier-1 was made in May 2013, again where I have shown my income from 2sources PAYE salary and dividends (director of a LTD company). In this case there was a mistake made by accountant or due to my lack of knowledge on taxation I only paid half of the tax( if paid in full would have been extra £1600.00). As I said due my lack of knowledge and trust on a professional drag me into trouble. I have realized the mistake only after the refusal, because until today I still have the company on which I am doing some business and all taxes are duly paid in full within the timescales. After realizing the mistake straight away applied changes and requested HMRC to make the amendments, now waiting for them to process the request.

My application was refused under Paragraph 245CD(b),(g) with reference to Paragraph 322(5) and Paragraph 19(i) and 19(J)(iv) of the appendix A under the general grounds.

Applied for AR and received the outcome on 24th June. They have stayed with same decision as REFUSAL. However they have changed some articles removed 322(5) deception.

New refusal reason are based on under Paragraph 245CD(g) with reference to Paragraph 19(i) and 19(J)(iv) of Appendix A.

My questions are
1. What chances I have got going forward ?
2. To go with a new application or JR route
3. Before the expiry of Tier-1 visa (29th May 2016) I have applied for FLR(O) which I believe will continue my RIGHT TO LIVE AND WORK. But after receiving the AR refusal my employer is arranging a meeting to show me proof that I have right to work. Can anyone correct me please, am I correct ? Under article 3C if I apply for any new application the previous rights will stay until a decision was taken on the new application

Can you please share your expertise.

Thanks

[noajthan]

You had posted by tagging onto a thread for a successful application which is inappropriate.

To avoid confusion & jumbled responses, I have moved your question to its own thread (this one).

[TechBro]

Sorry to hear about your refusal.

First thing, I don't get it, how come you applied for AR and new FLR(o) application at the same time. As far as I know if you send another application, it means it will
Withdraw your AR. But from the look of it did not happened in your case.

Ask your employer todo positive verification check and they will get a response in 5working days. HO will notify them the with outcome of your working status.

Second it is expected from AR, same idiots review the cases, who have no idea about point based system. HO itself admitted this in response to chief inspector report.

Next step is PAP, hope it will get sorted.

[TechBro]

If you made another application before visa expiry, yes your section 3C continues. But as I mentioned above ask employer todo a check.

But If your visa has expired and his AR is refused, then only 2 days covered with Section 3C.

To calculate the date on which your leave expires you need to look at the date the unsuccessful Administrative Review has been sent and add two business days (this doesn’t include weekends or bank holidays). This would be the date that your leave expires and the date from which you would then calculate.

[motoaxis]

Thanks TechBro for your reply.

[adeelishaq786]

If you made another application before visa expiry, yes your section 3C continues. But as I mentioned above ask employer todo a check.

But If your visa has expired and his AR is refused, then only 2 days covered with Section 3C.

To calculate the date on which your leave expires you need to look at the date the unsuccessful Administrative Review has been sent and add two business days (this doesn’t include weekends or bank holidays). This would be the date that your leave expires and the date from which you would then calculate.

hi mate, as online guideline says 3c goes away if applied etc after visa expiry, this 2 days rule which circumstances it applied to say, if a visa expired on 21st and via applied premium on 23rd and refused same day, does this 2 days is applicable i.e. 3c remains? also where can i read about this 2 days rule please?