HELP US,JR or NO JR

[ash2017]

Hi All,

I need your help on our case, details are given below:

My husband is on tier 1 general visa and I am dependent.
He received 1st entry clearance in 2008 but we came to reside in 2011.
He is taking salary + dividends from his company.
We applied for ILR by PEO appointment.
CW asked for a questionnaire to be filled and he filled there and my husband mentioned that he had an amendment for his 1 returns.

We submitted last 5 years SA302’S which were updated after amendment.

They refused ILR saying that his previous extension earnings are not matching with the figures they have from HMRC, but on refusal letter they mentioned his salary earnings only and applied dishonesty clause.

My husband explained in AR that they missed calculating dividend earnings but they refused AR saying that CW considered and she didn’t found matching figures so there must be recent amendments but mistakenly again mentioned net dividends figures and not gross dividends figures and also of the year where there was no amendment, removed dishonesty clause. (Earnings were spread over 2 tax years).

My husbands lawyer explained in his PAP but they refused saying that there is an inconsistency between the figures given to HO and HMRC.

My husband was looking for a barrister so he can proceed for a JR and he met one barrister, she seen his case and told him as our visas are still valid until the end of year so rather applying for a JR better to re-submit a fresh application with further documents to explain amendments with details that he was still qualifying without amendment. Barrister told as amendment information was not provided so it is better to provide further documents with fresh application as we cannot submit new documents with JR.

Now what I am thinking that:
SA302’s submitted with the application were from HMRC then how figures are different?
Even if my husband would have not amended his tax returns still his required earnings were there.
On previous extension they have taken his Genuine earnings interview after which they given him extension.

I am confused that is it better to submit new application or better to carry on for a JR as some lawyers are asking to proceed for a JR.

Please help us by giving your comments.
Thanks

[Obie]

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.

[ash2017]

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.

As we started residing in 2011 our 5 years of residence completed in 2016.
Yes he have leave to remain until end of this year
Deception was removed after AR.

[Casa]

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]

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.

[Casa]

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.

I agree Obie...it took me a while to figure out.

[Obie]

Thanks Casa. You have a great attention to details.

@ OP, if deception accept is removed, which operative of the refusal remains.

[ash2017]

Thanks Casa. You have a great attention to details.

@ OP, if deception accept is removed, which operative of the refusal remains.

Under AR Refusal19 (I) (j), balance of probability that earnings are not genuine.
Under PAP refusal earnings claimed with HO and HMRC are inconsistent.

[Obie]

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.

[ash2017]

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.

Thanks Obie.
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.

[ash2017]

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.

Thanks Obie.
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.

Dear Obie/Casa and everybody. please your comments on above information. Regards

[Obie]

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.

[HarryJones]

@ ash2017
were you given a new/correct SA302 reflecting the amendments?

[ash2017]

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.

Thanks Obie

[ash2017]

@ ash2017
were you given a new/correct SA302 reflecting the amendments?

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]

You did not seem to directly answer the question.
I mean did HMRC give you a new SA302?

[ash2017]

You did not seem to directly answer the question.
I mean did HMRC give you a new SA302?

HMRC given updated SA302.

[HarryJones]

What is now the current update on your case?