ILR Refused Set 0 - Paragraph 322(1A), 319E(a), 319E(g)

[Muralij19]

Hello Gurus,
Please help me with ILR for my spouse as dependent. I have my ILR already and applied for my spouse ILR separately. It is now rejected on the basis of Paragraph 322(1A), 319E(a), 319E(g). These paragraph is related to counterfit document. I can apply for administrative review within next 10 days. So I have two questions: If I din't apply for administratitive review then what will happen?
2nd Question: Can I reapply ILR after correct documents? It is not mentioned whether I can reapply or not.
in the refusal letter only it is mentioned that on the basis of paragraph 322(1A), 319E(a), 319E(g) your application is rejected.

Regards,
MJ

[vinny]

What was the submitted false document?

If you do not successfully refute the false document accusations nor win the AR, then a further refusal under 322(2) is likely.

[Muralij19]

What was the submitted false document?

If you do not successfully refute the false document accusations nor win the AR, then a further refusal under 322(2) is likely.

Hello Vinny,
Thank you for your response. This was LIUK test. I contacted onme of the test prepration company and then spouse got certificate. Now UKBA is saying that the LIUK certificate is fake. I have yet to seek solicitor advice. Please suggest any hope remains?
Regards,
MJ

[Muralij19]

BAD Quality i.e. Counterfit.

[noajthan]

BAD Quality i.e. Counterfit.

So did wife take and pass an official test from official provider?

If document is fraudulent then no amount of appeals will help.
And there is no UKBA anymore.

[Muralij19]

If I am going all way negative, assuming the certificate was counterfit and was provided by other test prep company, then Admin review is not going to help. I yet to seek solicitor advice to put my point forward. Main worry, if prepare again for LIUK test and then can my depndent spouse can re-apply for ILR?

[Wanderer]

If I am going all way negative, assuming the certificate was counterfit and was provided by other test prep company, then Admin review is not going to help. I yet to seek solicitor advice to put my point forward. Main worry, if prepare again for LIUK test and then can my depndent spouse can re-apply for ILR?

Was the the certificate obtained fraudulently or not? You seem to be dancing around the question saying it maybe was but not your fault. If it was fraudulent things are pretty serious and ILR may be be on the table, if not, you can fight your corner.

[noajthan]

If I am going all way negative, assuming the certificate was counterfit and was provided by other test prep company, then Admin review is not going to help. I yet to seek solicitor advice to put my point forward. Main worry, if prepare again for LIUK test and then can my depndent spouse can re-apply for ILR?

Your or wife must know what wife did and where that certificate came from. It can't have accidentally fallen into your mailbox uninvited.

If indeed fraudulent you need to understand there are likely to be life-changing consequences.

It won't be as simple as saying "it's fair cop officer" and retaking the test.
That's like robbing a shop and simply offering to buy the goods after having been caught.

What on earth do you think a lawyer can do if the applicant has brazenly cheated the system?!
It appears you have made a very puzzling life choice for the sake of what is essentially a pub quiz.

A person who uses deception (whether successful or not) in seeking leave to enter or remain and is found to have no legal entitlement or protection need to allow them to stay in the UK may be prosecuted under section 24A of the Immigration Act 1971

Ref https://www.gov.uk/government/uploads/s ... ctober.pdf

[Muralij19]

Agree with you Noajthan, since in rejection letter paragraph 322(1A) is applied so in next ILR for dependent, what can be expected? Rejection with 322(2)/322(2A)? Or shall I put forward the application via solicitor with human rights appeal since we have young son with ILR.

[Muralij19]

What was the submitted false document?

If you do not successfully refute the false document accusations nor win the AR, then a further refusal under 322(2) is likely.

Hello Vinny,
Thank you for your response. This was LIUK test. I contacted onme of the test prepration company and then spouse got certificate. Now UKBA is saying that the LIUK certificate is bad quality. I have yet to seek solicitor advice. Please suggest any hope remains?
Regards,
MJ

What are the options left for my spouse? I am on ILR, our yound son on ILR and now spouse is falling 322(1A) counterfit document. Still last leave to remain is valid for few more months and resident card is returned. Please suggest any way.
Thanks,
MJ

[noajthan]

Agree with you Noajthan, since in rejection letter paragraph 322(1A) is applied so in next ILR for dependent, what can be expected? Rejection with 322(2)/322(2A)? Or shall I put forward the application via solicitor with human rights appeal since we have young son with ILR.

My understanding is:

The avenue for challenging a refusal of an upgrade application is judicial review.

For example where an applicant has leave to remain as a partner and makes an application for indefinite leave to remain which is refused there is no right of appeal against that refusal.

Ref https://www.gov.uk/government/uploads/s ... e_v3_0.pdf

However, it's not my area. You need competent professional advice.

[CR001]

Did your wife actually sit and WRITE the test? YES or NO

Did you contact someone and they charged you to only produce a certificate? YES or NO (I ask this as I have seen the 'notes' in shop windows offering such service)

Do you realise that once a test is taken at an approved test centre and the certificate issued, the details are uploaded electronically to HO.

[Muralij19]

I am talking to solictor on this so going slow. I'll update soon.

[Obie]

I am talking to solictor on this so going slow. I'll update soon.

If indeed it is a forged document, then a solicitor cannot change anything. The fact your child has ILR may not change much if he is not a British citizen or has lived here for 7 years.

[UKBALoveStory]

Did your wife actually sit and WRITE the test? YES or NO

Did you contact someone and they charged you to only produce a certificate? YES or NO (I ask this as I have seen the 'notes' in shop windows offering such service)

Do you realise that once a test is taken at an approved test centre and the certificate issued, the details are uploaded electronically to HO.

Answer these questions and get an honest opinion free of charge (much better than your paid solicitor)

[Wanderer]

Did your wife actually sit and WRITE the test? YES or NO

Did you contact someone and they charged you to only produce a certificate? YES or NO (I ask this as I have seen the 'notes' in shop windows offering such service)

Do you realise that once a test is taken at an approved test centre and the certificate issued, the details are uploaded electronically to HO.

Answer these questions and get an honest opinion free of charge (much better than your paid solicitor)

I might be going out on a limb here but my money is on deceit.

[Muralij19]

Did your wife actually sit and WRITE the test? YES or NO

Did you contact someone and they charged you to only produce a certificate? YES or NO (I ask this as I have seen the 'notes' in shop windows offering such service)

Do you realise that once a test is taken at an approved test centre and the certificate issued, the details are uploaded electronically to HO.

Answer these questions and get an honest opinion free of charge (much better than your paid solicitor)

I might be going out on a limb here but my money is on deceit.

I'll update you shortly. Thank you for your support and comments so far. Please don't close this communication because it might take few days to have an update.

[Casa]

There's no point in updating and then asking for more advice if you're unwilling to answer the questions you've been asked so far.

[ouflak1]

Did your wife actually sit and WRITE the test? YES or NO

Did you contact someone and they charged you to only produce a certificate? YES or NO (I ask this as I have seen the 'notes' in shop windows offering such service)

Do you realise that once a test is taken at an approved test centre and the certificate issued, the details are uploaded electronically to HO.

I'll update you shortly. Thank you for your support and comments so far. Please don't close this communication because it might take few days to have an update.

It won't be closed, but if you see a solicitor and they ask you the same questions, what are you going to answer? Because that is the key to this whole situation. From your earlier description, "I contacted one of the test preparation companies and then spouse got certificate", that's not how it works. Maybe you thought it did? I'm assuming you took a LITUK test?

If she had a counterfeit certificate, then the best scenario is for her to leave the UK and hope that they don't press charges. It is that serious. There is no alternative for her to remain in this country legally with valid leave that I can think of immediately.

[Purdamit]

can you please provide me any solicitor details as i have another refusal issue

[Casa]

can you please provide me any solicitor details as i have another refusal issue

Members aren't permitted to post recommendations for legal services on the open forum.

[Purdamit]

can you please provide me any solicitor details as i have another refusal issue

Members aren't permitted to post recommendations for legal services on the open forum.

i think this forum is to help the one in need right???????????

[Wanderer]

can you please provide me any solicitor details as i have another refusal issue

Members aren't permitted to post recommendations for legal services on the open forum.

i think this forum is to help the one in need right???????????

Yes, but not line some solicitors pocket, based on recommendations from total strangers.

[Purdamit]

You are right. Rather than having no knowledge on how to deal with refusal its better some times to listen to some solicitors who might guide us in the right direction.
not every case some one might have information about in those scenarios only a solicitor is helpfull

[Casa]

In which case perhaps you would like to consult workpermit.com for advice who have provided you with free access to their forum.