ILR long residence under the new 1 Dec 2020 rules

[Dave2101]

Hi,

I am thinking of applying for the ILR long residence, so has anyone applied for the ILR long residence under the new rules which came out on 1 Dec 2020? I had a previous ILR application for ILR (not long residence) rejected 2 years ago under para 322(5). Does anyone know whether the previous failed ILR application will be taken into account for the new ILR long residence application under the grounds of public interest, i.e. character or conduct or are any previous failures and reasons discarded? Thanks

[CR001]

the new rules which came out on 1 Dec 2020

What new rules?

[Dave2101]

I was referring to the changes to the General Grounds for Refusal. And more specifically, would the previous failed application affect the ILR application under 10 year lawful long residence or is that irrelevant?

[ajitu92]

Helps to post a link to the "new rules" you are referring to.

[Dave2101]

Yes sure. It's under section 2, sub-sections 9.3 and 9.7

https://www.gov.uk/guidance/immigration ... or-refusal

[zimba]

There have been no changes to that. If you were refused under false pretence or deception in the last 10 years, the long residence ILR will be refused.

[Happydays11]

false pretence or deception Apply to all application after person found or specially on ILR requirement ?

[zimba]

false pretence or deception Apply to all application after person found or specially on ILR requirement ?

This applies to all applications under the general grounds for refusal. Many managed to secure further visas via family routes where UKVI often applies discretion but ILR is largely not granted to these individuals unless 10 years have passed.

In this case, Paragraph 322(5) is related to tax discrepancies issues under Tier 1G. Many Tier 1G applicants applicant were accused of giving false information to HMRC to secure a visa. Some applicants lied on their tax returns and claimed higher income to secure Tier 1G visa later. So they fail the character requirement under 322(5). For long residence, they also fail the lawful stay requirement as time spent under Tier 1G is not viewed to have been lawfully accrued as Tier 1G visa was secured via deception.