Paragraph 322 (5) of the Immigration rules

Facts: MI is a national of Pakistan. He came to the UK in the year 2007 on a student visa and switched to Tier 1 General in the year 2011. He was given 3 years leave and later got it extended for further two years. He made his SET (O) application for Indefinite leave to remain in the UK using same day service by himself but the home office found some discrepancies in his tax records and refused his application. He confirmed that the discrepancy occurred due to the mistake of his accountant and he is ready to confirm in writing. He still had valid leave to remain for another two weeks and engaged us for appropriate course of action. By that time, he already completed 10 years of legal and continuous residence in the UK.

Advice: We advised him to make ILR application once again on long residence basis instead and advised him on the list of documents that we require to make the settlement application. We reviewed the documents that he provided and suggested him some amendments in the letter that his accountant provided admitting his professional negligence. The home office however refused the application once again, this time with a right of appeal. We lodged appeal against the decision, prepared the bundle of documents, detailed witness statement of the appellant and skeleton arguments addressing the only reason of refusal.

Outcome: The immigration Judge allowed the appeal.

Further advice: Advised that he can now register his child born in the UK as a British citizen and his wife needs to apply for further leave to remain accordingly.