Another ILR refusal Tax reason

[muraxza]

I know someone who refuse last week because of considerable discrepancy in tax, after reading his refusal letter in detail I have extracted few points which will be beneficial for others who are going to apply soon, please noted HO didn’t just refused him they called him for interview asked his point of view and then refused it.

1) On july xxx you attended the interview at the HO London. You were asked to explain why there was a CONSIDERABLE discrepancy in the figures you claimed to have earned on your previous application for leave to remain in UK as a Tier 1 General migrants and earning declared to HMRC

CONSIDERABLE DISCREPENCY now here I am assuming HO has caught him because he had a very huge difference between what he submitted to the HMRC the difference was 22k,

So I believe if he had any minor difference between what had claimed and what was submitted he would still be able to get away and HO might not have to picked this up..

2) “It is acknowledge that Paragraph 322(2) of the immigration rule is not mandatory refusal, however it is noted that you would not have been granted leave to remain in the UK without the points being awarded for your previous earnings”

looking at this paragraph even the HO acknowledge that rule 322(2) doesn’t give them right to refused the application stand alone on just a tax issue but reading further they have indicated “he would not have been granted…” this means if this guy had at least paid tax on his minimum threshold so (might be might be) HO would not be in the position to refused his application under 322(2) rule stand alone because he had still be rewarded the required points on his required threshold if he would have paid tax on that.

[tungha1979]

I know someone who refuse last week because of considerable discrepancy in tax, after reading his refusal letter in detail I have extracted few points which will be beneficial for others who are going to apply soon, please noted HO didn’t just refused him they called him for interview asked his point of view and then refused it.

1) On july xxx you attended the interview at the HO London. You were asked to explain why there was a CONSIDERABLE discrepancy in the figures you claimed to have earned on your previous application for leave to remain in UK as a Tier 1 General migrants and earning declared to HMRC

CONSIDERABLE DISCREPENCY now here I am assuming HO has caught him because he had a very huge difference between what he submitted to the HMRC the difference was 22k,

So I believe if he had any minor difference between what had claimed and what was submitted he would still be able to get away and HO might not have to picked this up..

2) “It is acknowledge that Paragraph 322(2) of the immigration rule is not mandatory refusal, however it is noted that you would not have been granted leave to remain in the UK without the points being awarded for your previous earnings”

looking at this paragraph even the HO acknowledge that rule 322(2) doesn’t give them right to refused the application stand alone on just a tax issue but reading further they have indicated “he would not have been granted…” this means if this guy had at least paid tax on his minimum threshold so (might be might be) HO would not be in the position to refused his application under 322(2) rule stand alone because he had still be rewarded the required points on his required threshold if he would have paid tax on that.

Did he applied for ilr as salaried or Self amployed? Also which previous application HO referred to as having tax discrepancy? was it his initial or extension application?

[muraxza]

he was self employed with part salary, HO requested his 3 years of return but they refered his extension application for refusal

[tungha1979]

he was self employed with part salary, HO requested his 3 years of return but they refered his extension application for refusal

Sad to hear. what is his next course of action? is he going to appeal?

[muraxza]

Yes he is contacting the lawyers but Deception can’t be washed out, even the AR JR won’t work

[tungha1979]

Yes he is contacting the lawyers but Deception can’t be washed out, even the AR JR won’t work

True. It will be very tough to clear the deception at any stage. Did he applied for ILR at PEO (which PEO) or had he applied by post?

[muraxza]

he had applied by post and called for the interview then..

[tungha1979]

he had applied by post and called for the interview then..

is there any option if he can get any Tier 2 sponsor and apply as Tier 2 general? Not sure how feasible will this option be..given the time constraints.

[muraxza]

after deception impose don't think so if any other rout he can switch onto,

[tungha1979]

after deception impose don't think so if any other rout he can switch onto,

yah..it might be an issue to switch into any category. Does he have a family/kids in the UK?

[muraxza]

No...

[geriatrix]

Did the person apply for settlement under the PBS route or under LR (even though he is/was a PBS migrant)?

[muraxza]

Did the person apply for settlement under the PBS route or under LR (even though he is/was a PBS migrant)?

he had applied under PBS Tier 1 rout by post.

[HarryJones]

so what is the next option for your friend?

[aliq09]

Hi ,

Here is my best opinion ...

Please go to some suitable lawyer and in the mean while bring all records up to date with HMRC. Please try to update your post so that it will be helpful to others. It will be quiet difficult path from now on wards.. wish you best of luck!

[HarryJones]

when does the VISA expire

[muraxza]

Hi ,

Here is my best opinion ...

Please go to some suitable lawyer and in the mean while bring all records up to date with HMRC. Please try to update your post so that it will be helpful to others. It will be quiet difficult path from now on wards.. wish you best of luck!

His visa is already expired in april..so don't know if there is any other options left for him.. Can any of you think about any other options which he can have it...

[HarryJones]

i think he should just correct and amend the error in HMRC figures asap if it would help but it seems too late. Nothing is in impossible.

[Fair720]

Hello everyone, I have a question
If someone have tier 1 self employed income falls in 2 tax years & tax amount (tax due on accounts) which was submitted to home office at the time of visa, does it have to be paid in full ? What about If someone have allowable expenses which fall out of those 12 months income claimed with home office then the tax liability reduced in that case .. Does anyone have ILR refused on that basis ?
What will be the implications of this when applying naturalisation ?
Any thoughts guys ?

[HarryJones]

To be honest, this is a very simple thing. You cannot declare lesser income to HMRC
than you declared to HO.

[Fair720]

Hi Harryjones,
Income declared to the home office will still be the same
If someone have self employed income which falls in 2 tax years, tax liability is reduced if they have allowable expenses which fall outside of those 12 months income you claimed with home office"
Any comments ?

[HarryJones]

just need to make sure that there is no discrepancy in the expenses in SA and the already declared to HO