LR guidance

[DCee]

Was reading the LR guidance: https://www.gov.uk/government/uploads/s ... ce_v13.pdf

And found

276B
(v) From 1 October 2012 the applicant must not be in breach of the immigration laws,
except for any period of overstaying for a period for 28 days or less will be disregarded

They only look for immigration breaches post 2012?

[geriatrix]

No, what it means is - The date is when this provision came into effect as law.

[secret.simon]

Infelicitatiously and misleadingly worded.

[DCee]

There are a lot of posts of 10 year ILR applications of further checks and interviews, but they are pretty general just saying for ‘tax’.

I went through the guidance - what are the specific provisions that allow refusal based on tax affairs?

I do not see how tax affairs can be decisive. Of course tax declarations could very strongly indicate deception, for example where someone tells the home office they received earnings through self employment where HMRC has no record. Even in this extreme case, it is not absolutely conclusive of deception, there might be some explanation or mistake.

Tax is complex. Can a case be decided on this alone? If so, what are the grounds?

[DCee]

Sorry my reply was supposed to be a new topic. maybe someone can delete it?
Creating new topic now

[geriatrix]

Read this topic and also 322(1A).

Make sure the mistakes are corrected before making an application and necessary explanation(s) are provided in an effort to ensure caseworker discretion.

[DCee]

Make sure the mistakes are corrected before making an application and necessary explanation(s) are provided in an effort to ensure caseworker discretion.

The rules do not explicitly cover tax (that is why I asked). So to me it seems like it is only a discretionary factor. Not a ground for refusal itself - unless clear deception.

[geriatrix]

Well, I am sure those who have been refused for this reason (tax irregularities) have been refused under some specific immigration rules(s) and the refusal letter would state so.