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i was employed as well self employed.hsr1972 wrote:@Saaj2210 : It was really sad to hear , Can you tell us what was your situation when you applyied were you Self-Employed or Employed at the time of applying ILR on the same day service ? When you did your extension where you Self Employed ? What was the issue exactly ? You din't pay tax for last 12 months earnings when you were self employed at the time of applying ILR ? Can you tell us in more detail so that any senior moderators or members can advise you on the next steps ?
-hsr_72
yes.Obie wrote:What was the reason for the change .
Did Home office refuse you on the basis of deception?
That's what I did my friend but the judge say it does not make any weight in my side because I did not filed the right tax on right time and tried to misrepresent to home office and HMRC by giving them wrong figure.Obie wrote:Well you will need to get your accountant to assist with this.
If the earnings is linked to your visa, it is always sensible to do it in a straight way.
Any advise will be very helpful.saaj2210 wrote:That's what I did my friend but the judge say it does not make any weight in my side because I did not filed the right tax on right time and tried to misrepresent to home office and HMRC by giving them wrong figure.Obie wrote:Well you will need to get your accountant to assist with this.
If the earnings is linked to your visa, it is always sensible to do it in a straight way.
Please any senior member would like to give his/her opinion in my case.saaj2210 wrote:Any advise will be very helpful.saaj2210 wrote:That's what I did my friend but the judge say it does not make any weight in my side because I did not filed the right tax on right time and tried to misrepresent to home office and HMRC by giving them wrong figure.Obie wrote:Well you will need to get your accountant to assist with this.
If the earnings is linked to your visa, it is always sensible to do it in a straight way.
Could you type in exact reason(s) / words that you received in your letter so that you will get accurate advice in your case.saaj2210 wrote:Hello every one
I would like to discuss my case you gys and i need a genuine opinion,,
I was on hsmp since 2008 i applied for my ilr in 2013 for the same day service my application was kept on hold later i got the rejection letter stating when i extended my tier1 visa in 2011 i give the wrong financial figure to home office and a different figure to hmrc and paid less tax on my business transaction.
i went for appeal in lower tribunal before that i filed my revised tax return on my income but again my appeal is dismissed stating my current revised tax return is irrelevant and i deliberately filed the wrong tax at 2011.
I need expert opinion how to turn around this case in my side and what are my other options, in 2016 i will be completing my 10 years in uk.
In 2008 i was granted HSMP for 3 years later in 2011 i had applied for extension which was granted for another 2 years now in 2013 when i applied for my ILR in person they keep my case on hold for further checks in jan the send me a refusal letter stating when i applied for my extension that time i misrepresented my income it showed to home office 32000.16000 from my employment and rest from my business but my accountant filed the wrong tax with hmrc for only £5000.and in my current ILR application i prove my income from business 24000 and paid tax for 6000.and they dont receive any cofirmation of my invoices from my client.adl wrote:Could you type in exact reason(s) / words that you received in your letter so that you will get accurate advice in your case.saaj2210 wrote:Hello every one
I would like to discuss my case you gys and i need a genuine opinion,,
I was on hsmp since 2008 i applied for my ilr in 2013 for the same day service my application was kept on hold later i got the rejection letter stating when i extended my tier1 visa in 2011 i give the wrong financial figure to home office and a different figure to hmrc and paid less tax on my business transaction.
i went for appeal in lower tribunal before that i filed my revised tax return on my income but again my appeal is dismissed stating my current revised tax return is irrelevant and i deliberately filed the wrong tax at 2011.
I need expert opinion how to turn around this case in my side and what are my other options, in 2016 i will be completing my 10 years in uk.
thanks
hsr1972 wrote:@saaj2210: OK , We understand from what you are saying in 2011 is ,Your accountant showed only £ 5000 as "Income earned from your Business " to HMRC , But you declared your income to Home office as " £16000" as " Income earned from your Business " ? Is this what you are saying? So we are not clear in 2013 what was wrong with the figure ? Why home office is Saying you have misrepresented the figure in 2013?
I have proved my income as per hsmp criteria but the issue is with tax I did not paid the right tax amount to HMRC because the figure which I submit to HMRC significantly differ in both the tax year in 2011 and in 2013 but now I have taken a new accountant and filed my revised tax.
-hsr_72
Yes very unfortunate,I was very naive at that time.hsr1972 wrote:@Saaj2210, So basically you are saying for last 2 years you did not pay the right tax at the time of extension and at the time of ILR . This is very strange ....they would have still granted ILR after you have revised the tax return and filed the right tax to HMRC.
-hsr_72
I have Send permission to appeal in uper tribunal hope they accept my appeal for upper tribunal.Obie wrote:Have you filed your appeal and has permission been granted to proceed.
In the absence of permission, this discussion is pointless.
Under the New rules, you have 14 days to appeal.
has that 14 days passed.
my upper tribunal appeal not accepted and dismissed and no further rights of appeal is given dated 03/08/15.Obie wrote:Did a Solicitor do it, or did you do it yourself, as it is the last chance to convince the court.
saaj2210 wrote:Is any one there to give me some advise please.Obie wrote:Did a Solicitor do it, or did you do it yourself, as it is the last chance to convince the court.
my upper tribunal appeal not accepted and dismissed and no further rights of appeal is given dated 03/08/15.
no i would like to know what are my option in 5 months of time i will be completing my 10 years in December have contacted couple of lawyers they both said it will be very difficult to clear deception in judicial review and i don't stand a chance and they said if i go for article 8 i will be breaking my 10 years rule.
what are my option need more expert advice please.
Your case is finished. with deception on your record impossible to get ILR on 10 years basis as well.saaj2210 wrote:my upper tribunal appeal not accepted and dismissed and no further rights of appeal is given dated 03/08/15.Obie wrote:Did a Solicitor do it, or did you do it yourself, as it is the last chance to convince the court.
no i would like to know what are my option in 5 months of time i will be completing my 10 years in December have contacted couple of lawyers they both said it will be very difficult to clear deception in judicial review and i don't stand a chance and they said if i go for article 8 i will be breaking my 10 years rule.
what are my option need more expert advice please.