ILR refused due to deception - alleged fake invoices

[workinggirl85]

Hello All,

I need some help and advice. I have just received an ILR refusal on the basis that invoices previously submitted during my applications in 2010 and 2013 for Tier 1 General under self employment were from a company and 2 individuals who have admitted to the Home Office during their applications that they were not involved in legitimate activities. I have no idea where those individuals are now, I can't get in touch with them as to why they have admitted such things to the UKBA - as I was not aware of this at the time. The person who introduced me to the company is also not to be found. The letter from the Home office states they have grounds to believe that I have used false representation and that the invoices generated were not valid.

My current leave to remain has not been cancelled and I have been advised to re-apply for an ILR soon since my leave to remain will have been expired in 3 months. Are there appeal rights when we re-apply for ILR? I have also been advised to appeal in the High Court where I can provide evidence of my training materials for training the people involved in this.

My company has promised to sponsor my work permit and I have been advised not to go down that route since that would mean the work permit also gets rejected.

Thank you all for reading and I hope I can find someone who can give me some guidance in this situation

[tiredoftiers]

I do not know what happened in your case when you say 2 individuals but normally you invoice to who you provide services to being self employed and get paid.

no matter what route you take to stay in the UK on Temp or permanent basis you always see this allegation hinders your application to be approved.

if I were you and I believe that I have not done anything unlawful I am being accused for, I would consider lodging JR to prove my innocence, because I know the fact that without proving my innocence and having this allegation in place my future applications could be refused, I also know the fact that I do not have right to appeal and this would be only option viable to my situation. with this I am prepared to continue working as normal as I still have valid leave and hope for the best

but if I know I have been unlawfully and produced documents to show higher income or whatever grounds made me do this I should not hope

[guaravd]

Hello All,

I need some help and advice. I have just received an ILR refusal on the basis that invoices previously submitted during my applications in 2010 and 2013 for Tier 1 General under self employment were from a company and 2 individuals who have admitted to the Home Office during their applications that they were not involved in legitimate activities. I have no idea where those individuals are now, I can't get in touch with them as to why they have admitted such things to the UKBA - as I was not aware of this at the time. The person who introduced me to the company is also not to be found. The letter from the Home office states they have grounds to believe that I have used false representation and that the invoices generated were not valid.

My current leave to remain has not been cancelled and I have been advised to re-apply for an ILR soon since my leave to remain will have been expired in 3 months. Are there appeal rights when we re-apply for ILR? I have also been advised to appeal in the High Court where I can provide evidence of my training materials for training the people involved in this.

My company has promised to sponsor my work permit and I have been advised not to go down that route since that would mean the work permit also gets rejected.

Thank you all for reading and I hope I can find someone who can give me some guidance in this situation

Hi

Sorry to hear about this. Would you like to give this forum some more information on your case ie:
Did you go for same day previous service or you made an postal application for ILR ?
For your ILR were you self employeed + salaried ?
How & when did the 2 individuals & the company agreed that they were not involved in legitimate activities with you ? Did home office contacted them now as part of your ILR application to verify this? Coz if they were contacted as part of your initial application so why did home office gave you extension in the first place.

[workinggirl85]

Hello,

I made a same day premium service application, both my Tier 1 applications were self employment and salaried employment payments. The 2 individuals and the company in question apparently have given a statement to the HO but nothing specific to me. I did provide them training, and I did have genuine invoices. HO didn't contact them as a part of my application but had them listed as individuals who had admitted fault from before.

[guaravd]

Hello,

I made a same day premium service application, both my Tier 1 applications were self employment and salaried employment payments. The 2 individuals and the company in question apparently have given a statement to the HO but nothing specific to me. I did provide them training, and I did have genuine invoices. HO didn't contact them as a part of my application but had them listed as individuals who had admitted fault from before.

What about your tax from self employment from 2010. Did you file the return for the same amount you quoted to UKBA for your extensions ?

[muraxza]

Just a wild guess about why these two individual & company admitted that they were not involved in the legitimate business.

This company may have tried to sponsor tier 2 visa for someone else or may be trying to sponsor this two individuals and get spotted by HO, HO then carried their investigation found them foul and blacklisted them..

[Kmaj007]

O kool he is guessing now as well, Good going

[muraxza]

yes guessing because I have a brain in working order unfortunately you cant cause you don't have it..

[HarryJones]

Is it possible for the OP at this stage to change from Tier 1 to Tier 2 (with sponsor) in order to extend his VISA; so that he can then apply for ILR next year if there is no case of deception ?

#in order words, can he combine Tier 1 and Tier 2 in order to apply for 5 YEARS ILR

YES/NO

Please can somebody please respond to this.

[muraxza]

Is it possible for the OP at this stage to change from Tier 1 to Tier 2 (with sponsor) in order to extend his VISA; so that he can then apply for ILR next year if there is no case of deception ?

#in order words, can he combine Tier 1 and Tier 2 in order to apply for 5 YEARS ILR

YES/NO

Please can somebody please respond to this.

Answer is No as HO has already put deception allegation which actually invalidates your previous grant..

[workinggirl85]

regardless of applying for an ILR.. is it advisable to apply for a Tier 2 permit at this stage?

[ahj]

Don't panic,you can very easily proof your innocence: did you file your tax return on exactly the same earnings that you declared to HO in your initial and extension application for Tier1 G???

[HarryJones]

Is it possible for the OP at this stage to change from Tier 1 to Tier 2 (with sponsor) in order to extend his VISA; so that he can then apply for ILR next year if there is no case of deception ?

#in order words, can he combine Tier 1 and Tier 2 in order to apply for 5 YEARS ILR

YES/NO

Please can somebody please respond to this.

Answer is No as HO has already put deception allegation which actually invalidates your previous grant..

@Blocked Username the question i asked says that "if there is no deception"

[muraxza]

Is it possible for the OP at this stage to change from Tier 1 to Tier 2 (with sponsor) in order to extend his VISA; so that he can then apply for ILR next year if there is no case of deception ?

#in order words, can he combine Tier 1 and Tier 2 in order to apply for 5 YEARS ILR

YES/NO

Please can somebody please respond to this.

Answer is No as HO has already put deception allegation which actually invalidates your previous grant..

@Blocked Username the question i asked says that "if there is no deception"

Offcourse you can but as T1G are their soft targets now a days mainly of tax reason so if op or anyone else wants to switch over to t2 visa they would still carry there standard checks...

[ilrvisanow]

Something in story doesn't add up. If you feel it was genuine work why would these people confess wrong doing?
It might be that we are missing some facts . Would you care to elaborate so we can assist you.

[workinggirl85]

I haven't interacted with the individuals in years so I am not being able to track them down. I have no idea why they have made any such statements. my other problem is I have also been duped by the consultant who was supposed to 'file' the taxes and pay them for me.. I realised this last month during my application was being considered but I have read through some of the comments on the forum and realise that I can raise a correction with the HMRC and pay the unpaid tax for the income claimed during my first tier 1. all tax was paid by me for the income claimed during my next tier 1 extension.

no where in my refusal letter has the tax being mentioned. only that the company and the individuals are fraudulent. Because some activities that this company and these individuals did were fraudulent is causing me pain.

What I need to understand now is when and if I can file for a review, or should I re-apply for an ILR closer to the time that my current leave expires so I can file for a review?

what documentation can I prepare for the review?

[Kmaj007]

@muraxa


Now you're acting like a doctor, how do you know UKVI has been targetting soft targets ? another friend i guess ..

[muraxza]

@muraxa


Now you're acting like a doctor, how do you know UKVI has been targetting soft targets ? another friend i guess ..

@Not me again

because that's a fact which is happening..

[Kmaj007]

You are def an insider or a lout... You choose

[Casa]

You are def an insider or a lout... You choose

Your choice of inflammatory words may be unintentional, but please change your tone as it's not achieving anything.

[ilrvisanow]

Ladies/Gentleman,
This is no time for sarcasm or fighting. We must try to assist people to best of our availablity. So, please only post helpful suggestions.
M

[Casa]

Thank you ilrvisanow

[workinggirl85]

PLEASE HELP ASAP

hello all .. I have an update on my case.. further to the first letter the HO sent out another one now saying that the first one was on the wrong template and now I have the right to appeal in the FTT. this is an unusual case since my impression was that the ILR does not have an appeals process anymore. One major difference between the 2 letters is that the new one now has considerations for me under Human Rights.

the first page of my refusal states that - 'we have considered your application for leave to remain and have refused it. if you believe we have made an error you can appeal to the first tier tribunal.

what this means for you - your application to extend your stay in the UK has been refused. If you think an error was made the decision you may appeal.

and the section where the appeal is mentioned states -
You have a right to appeal against this decision under section 82 of the nationality, immigration and asylum act 2002 because the secretary of state has decided to refuse your human rights claim.

you may appeal against the refusal of your human rights claim on the ground that the decision is unlawful under section 6 of human rights act 1998. you should not appeal on ground which do not apply to you. you must also give arguments and any supporting evidence which supports the grounds you rely on.

So i'm I right to assume I can only appeal the Human Rights part of this? not the fact that they can't verify my earnings?

PLEASE HELP ASAP.

[workinggirl85]

Just to give everyone my human rights background, I am not married, do not have children, but have lived in the country from 23rd September 2004 to now.

[ilrvisanow]

Just to give everyone my human rights background, I am not married, do not have children, but have lived in the country from 23rd September 2004 to now.

Dear Workingirl,
Best way to get your visa will to be prove that deception charges were baseless. Now if you can prove that you actully carried out work will be helpful in appeal too, even if it mainly based n human rights.