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Buachaill, Barrister
Category: Law
Satisfied Customers: 10955
Experience:  Barrister 17 years experience
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Basically, I had been on Tier 2 (work permit) visa since June

Customer Question

Basically, I had been on Tier 2 (work permit) visa since June 2006 until 3rd Dec 2009 and then on Tier 1 Visa from 3rd Dec 2009 to 3rd Dec 2012. That means finished more than 3.5 years on Tier2 and 3 years on T1 Visa, totalling 6.5 years on both. Hence applied for ILR in Nov 2012.
I applied for ILR application in Nov 2012 but it was refused in Nov 2013. I appealed again the decision and FTT refused in Aug 2014 and then we requested for UT but were not given opportunity for the appeal (October 2014). In Nov 2014 my solicitor advised me to apply ILR under Human rights ground (personal life in UK) because I already finished 10 years in the country in August 2014. Home office again declined my application in Jan 2015. Reason for initial decline was : Home Office said I had used deception while switched from Tier 2 visa to Tier 1 Visa application in Dec 2009.
In March 2015, on my application refusal my solicitor advised me to go for JR and now JR decision has come yesterday and decision is again No.
What should I do now? What is the best option left for me now? Please advise.
Submitted: 2 years ago.
Category: Law
Customer: replied 2 years ago.
I have not heard back yet. Its urgent
Expert:  Nicola-mod replied 2 years ago.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Customer: replied 2 years ago.
I wait for another day
Expert:  Nicola-mod replied 2 years ago.
We will continue to look for a Professional to assist you.
Thank you for your patience,
Expert:  Buachaill replied 2 years ago.
1. The bot***** *****ne is that using deception in the Immigration process is like a full stop in the immigration application process. It prevents you subsequently getting a valid Indefinite Leave to Remain. So whilst you can appeal this JR decision, it is unlikely to succeed. Similarly, if you continue to live in the UK and make an application subsequently for ILR, you are likely to be refused on the same (deception) basis which was previously used against you. Accordingly, the best approach would be to enter into a longstanding relationship with someone from the European Economic Area which includes the UK, all the countries of the EU as well as countries such as Norway, Iceland & Switzerland. Then your Article 8 rights under the European Convention on Human Rights are engaged and these will then trump the issue of deception and your application for Indefinite Leave to Remain will be successful.2. Please RATE the Answer as unless you RATE the answer your Expert receives none of the monies you have paid the website so there is no incentive to answer any further questions.