Urgent Help! SET (LR) Long Residency Refusal over Tax issue

[Abdul14]

Hi Everyone,

I need all of your valued suggestion who have experienced with same situation or were able to win the appeal of same type. Your help in the matter will be much appreciated as my very close family friend is very badly stuck in this refusal. The prompt reply will be much appreciated.

He is currently on Tier 1 General Visa expiring in Jan, 2016 and doing permanent job as well as self employment. He has also completed 10 years lawfully with less than 180 days absences which HO has agreed in current refusal of SET-LR on PEO August,2015.

He had both options available to go for ILR either on 10 Years Long Residency or through set (O). But he decided to go through 10 Years long residency at PEO premium service alone.

But unfortunately he could not get visa and case worker started asking him for self employment document or any recent tax paid shown in statement which he did not have available at that time in August,2015 but he was able to provide them employment payslips.

According to him, he made all form requirement and documents but case worker came down with printed letter asking him to submit additional documents for further processing the application which were regarding returns submitted to hmrc from 2010 to 2013" within 15 working days.

Then he discussed with the solicitor and he asked him to withdraw on-line through ROD (Return of Document) service at home office website. Despite the three times request of withdrawal on-line after every 10 working days and regular telephonic conversation to ROD department for withdrawal request but couldn't hear anything from them either by phone or post.

Finally, solicitor wrote a official letter to HO and then instantly HO returned all document including passports, visa card and document in a week time with refusal indicating misrepresentation of taxes and given the right of appeals mentioning that " any future application for entry clearance or leave to remain will be refused under 320(7b) immigration rules". and in the middle of refusal paragraph were: 276d, 276b(iii), 322(1A), 322(2), 19(i) (j) (iv) of HC395.

That was complete scenario of his case and also he ordered the SARC report after refusal in which we can find that they do receive ROD request for withdrawal 3 times and one official withdrawal from solicitor.

In addition, we can find in SARC report refusal grounds paragraph 276d, 276b(iii), 322(1A), 322(2), 19(i) (j) (iv) of HC395 but we could not find 320 (7b) paragraph in SARC report.

To be safe side, his solicitor asked him to put appeal against HO decision despite of all document, passport and brp card returned together. As it is very unclear whether his current leave has been curtailed or not, because he has been given right of appeal and his visa is valid till Jan,2016 . Furthermore, he had already submitted his tax amendments files before HO refusal decision letter.

We are confused with following questions, it will be much appreciated if admin, seniors and juniors give suggestions, advise and help us out in this matter.

1) Is his visa curtailed (nothing mentioned in refusal paper except the above paragraphs and given right of appeal)? Does he have valid leave till Jan, 2016?

2) Can he put fresh application either by post or PEO again in the same category SET LR or different category SET (O) by withdrawing his SET LR current appeal?

3) If he withdraws appeal then will he be later entitled for another appeal in same category SET lR or SET (O)?

4) if he can not apply fresh application in the both categories due to paragraph 320(7b) (which is not mentioned in SARC report but mentioned in the appeal refusal papers), so in that case:
4.1) what will happen to his dependent application while he would be continuing
his appeal?
4.2) Will his dependants apply for FLR (M) or another form category? and Will HO
hold his dependants application till his (main applicant) appeal is finalized
with providing a covering letter to HO?

Extremely sorry for lengthy text.

Thanks for your time and consideration.

Waiting for your reply anxiously.

Regards,

Abdul

[muraxza]

When had he applied for the visa and did he paid taxes on income which he showed to the HO in 2010?

[Rizcon]

Hi Everyone,

I need all of your valued suggestion who have experienced with same situation or were able to win the appeal of same type. Your help in the matter will be much appreciated as my very close family friend is very badly stuck in this refusal. The prompt reply will be much appreciated.

He is currently on Tier 1 General Visa expiring in Jan, 2016 and doing permanent job as well as self employment. He has also completed 10 years lawfully with less than 180 days absences which HO has agreed in current refusal of SET-LR on PEO August,2015.

He had both options available to go for ILR either on 10 Years Long Residency or through set (O). But he decided to go through 10 Years long residency at PEO premium service alone.

But unfortunately he could not get visa and case worker started asking him for self employment document or any recent tax paid shown in statement which he did not have available at that time in August,2015 but he was able to provide them employment payslips.

According to him, he made all form requirement and documents but case worker came down with printed letter asking him to submit additional documents for further processing the application which were regarding returns submitted to hmrc from 2010 to 2013" within 15 working days.

Then he discussed with the solicitor and he asked him to withdraw on-line through ROD (Return of Document) service at home office website. Despite the three times request of withdrawal on-line after every 10 working days and regular telephonic conversation to ROD department for withdrawal request but couldn't hear anything from them either by phone or post.

Finally, solicitor wrote a official letter to HO and then instantly HO returned all document including passports, visa card and document in a week time with refusal indicating misrepresentation of taxes and given the right of appeals mentioning that " any future application for entry clearance or leave to remain will be refused under 320(7b) immigration rules". and in the middle of refusal paragraph were: 276d, 276b(iii), 322(1A), 322(2), 19(i) (j) (iv) of HC395.

That was complete scenario of his case and also he ordered the SARC report after refusal in which we can find that they do receive ROD request for withdrawal 3 times and one official withdrawal from solicitor.

In addition, we can find in SARC report refusal grounds paragraph 276d, 276b(iii), 322(1A), 322(2), 19(i) (j) (iv) of HC395 but we could not find 320 (7b) paragraph in SARC report.

To be safe side, his solicitor asked him to put appeal against HO decision despite of all document, passport and brp card returned together. As it is very unclear whether his current leave has been curtailed or not, because he has been given right of appeal and his visa is valid till Jan,2016 . Furthermore, he had already submitted his tax amendments files before HO refusal decision letter.

We are confused with following questions, it will be much appreciated if admin, seniors and juniors give suggestions, advise and help us out in this matter.

1) Is his visa curtailed (nothing mentioned in refusal paper except the above paragraphs and given right of appeal)? Does he have valid leave till Jan, 2016?

2) Can he put fresh application either by post or PEO again in the same category SET LR or different category SET (O) by withdrawing his SET LR current appeal?

3) If he withdraws appeal then will he be later entitled for another appeal in same category SET lR or SET (O)?

4) if he can not apply fresh application in the both categories due to paragraph 320(7b) (which is not mentioned in SARC report but mentioned in the appeal refusal papers), so in that case:
4.1) what will happen to his dependent application while he would be continuing
his appeal?
4.2) Will his dependants apply for FLR (M) or another form category? and Will HO
hold his dependants application till his (main applicant) appeal is finalized
with providing a covering letter to HO?

Extremely sorry for lengthy text.

Thanks for your time and consideration.

Waiting for your reply anxiously.

Regards,

Abdul

On what basis your friend want to re apply on Set LR?
Has Tax issues sorted and HMRC agreed to amend old records?
In my opinion, he is working in wrong direction if the tax issues are not sorted out.Furthermore, did HO put deception charges against your friend?
Has your friend got any children?
If yes, then where they were born and their ages?

I think if you provide these details, you may be able to get help from other members as well.

[Abdul14]

When had he applied for the visa and did he paid taxes on income which he showed to the HO in 2010?

Hi Blocked Username,
His taxes were partially paid but his second extension went through fine. But later he wanted to amend all the dues but accountant misguided him that who pays all taxes and it will give you black spot in future application if you send amendment in 2013.

It has been 3 months since he submitted his amendments with another accountant and chasing the HMRC..

Can you please let me know any better way that how he can approach HMRC to get these amendments sorted out before his expiry in Jan,2016 and if you know any best solicitor for deception appeals or fresh application (after deception).

Thanks

[Abdul14]

[/quote]

On what basis your friend want to re apply on Set LR?
Has Tax issues sorted and HMRC agreed to amend old records?
In my opinion, he is working in wrong direction if the tax issues are not sorted out.Furthermore, did HO put deception charges against your friend?
Has your friend got any children?
If yes, then where they were born and their ages?

I think if you provide these details, you may be able to get help from other members as well.[/quote]

Hi there,
Thanks for your response. It has been 3 months since he submitted his amendment file to HMRC and they were supposed to give him call this week regarding amendments file. He is not certain but will speak to them this week again.

They have put these two paragraph 322(1A) and 322(2) which are related to deception and also 320(7b) "that means any future application for entry clearance or leave to remain will be refused under 320(7b) immigration rules".

But most of the thing in refusal letter does not apply to him and that why he ordered SARC report in which we did not find refusal paragraph 320(7b) which might be a hope to put fresh application after amendment acceptance for him.

And all his children were born outside UK but they have been living here for 5 years with over 6 months recent break. They are aged 7 and 1 year old respectively.

If you know any good solicitor regarding these type case plz share.

Waiting for your reply.

Thanks.

[Rizcon]

Thanks for your response. It has been 3 months since he submitted his amendment file to HMRC and they were supposed to give him call this week regarding amendments file. He is not certain but will speak to them this week again.

Why he thinks that he can put a new application as tax issues are still pending?
Has he already paid the due tax?
I think it will be straight refusal if he apply without sorting out the tax matters.


They have put these two paragraph 322(1A) and 322(2) which are related to deception and also 320(7b) "that means any future application for entry clearance or leave to remain will be refused under 320(7b) immigration rules".

It simply means deception and a ban of 10 years, if I'm not wrong.So, it will be a waste of money to apply again.


But most of the thing in refusal letter does not apply to him and that why he ordered SARC report in which we did not find refusal paragraph 320(7b) which might be a hope to put fresh application after amendment acceptance for him.

Why he thinks that it doesn't apply to him as not paying the right tax for the previous visa applications is considered as deception.

And all his children were born outside UK but they have been living here for 5 years with over 6 months recent break. They are aged 7 and 1 year old respectively.

I was thinking to apply for Discretionary leave on behalf of children.

Which part of the UK your friend is based?

[Abdul14]

Thanks for your response. It has been 3 months since he submitted his amendment file to HMRC and they were supposed to give him call this week regarding amendments file. He is not certain but will speak to them this week again.

Why he thinks that he can put a new application as tax issues are still pending?
Has he already paid the due tax?
I think it will be straight refusal if he apply without sorting out the tax matters.


They have put these two paragraph 322(1A) and 322(2) which are related to deception and also 320(7b) "that means any future application for entry clearance or leave to remain will be refused under 320(7b) immigration rules".

It simply means deception and a ban of 10 years, if I'm not wrong.So, it will be a waste of money to apply again.


But most of the thing in refusal letter does not apply to him and that why he ordered SARC report in which we did not find refusal paragraph 320(7b) which might be a hope to put fresh application after amendment acceptance for him.

Why he thinks that it doesn't apply to him as not paying the right tax for the previous visa applications is considered as deception.

And all his children were born outside UK but they have been living here for 5 years with over 6 months recent break. They are aged 7 and 1 year old respectively.

I was thinking to apply for Discretionary leave on behalf of children.

Which part of the UK your friend is based?

--------------------------------------------------------------------------------------------
He is based in London and regarding taxes, HMRC has shown him good hope thats why he was thinking to submit fresh application.

[Rizcon]

They have put these two paragraph 322(1A) and 322(2) which are related to deception and also 320(7b) "that means any future application for entry clearance or leave to remain will be refused under 320(7b) immigration rules".

But most of the thing in refusal letter does not apply to him and that why he ordered SARC report in which we did not find refusal paragraph 320(7b) which might be a hope to put fresh application after amendment acceptance for him. .[/quote]

Don't completely rely on SAR as some time HO miss to extract the information.He will find some parts on SAR black out by HO as they don't want to disclose some information about the person especially decision parts.
He got the decision letter with sections related to deception, so the new application will be a waste of money and time as they straight away refuse the application for next 10 years as he caught due to deception.

[muraxza]

Well not necessarily he may refused again as within this frum some one had same issue he got refusal cause of tax later on he sorted his tax matter hired a layer and got his ILR approved, the guy comes with threstal01 something like with this name search his post I know his lawyer name pm me and I will give you..

[muraxza]

Here you go

http://www.immigrationboards.com/indefi ... 97208.html

[Abdul14]

Here you go

http://www.immigrationboards.com/indefi ... 97208.html

Thanks Blocked Username for your kind and hopeful reply...very appreciated.

[Rizcon]

Well not necessarily he may refused again as within this frum some one had same issue he got refusal cause of tax later on he sorted his tax matter hired a layer and got his ILR approved, the guy comes with threstal01 something like with this name search his post I know his lawyer name pm me and I will give you..

Well,in his previous post,the OP mentioned that his friend is not sure about the tax status and he is thinking to re apply for ILR. So,once he re applied and HMRC didn't update his tax issues by that time,then do you think that HO is going to change their decision?
How is gonna deal with the deception against him?

I know some one in recent past posted his case.Having look through the case and the story told by the OP in his case, do you believe his story?
In my opinion, it was an advertisement by some accountant who managed to feel some of the members to believe his story.
Don't think that I'm pointing the guns on the OP please,but the member Abdul's friend is in need of genuine help as he cant afford any waste of time or stuck again with another dodgy accountant.
Hope you will understand that.

[muraxza]

I am not sure how factual is his version of story but you never know may be he is saying right..

Its not necessary that once the deception imposed then new application will refused too.

[Abdul14]

Well not necessarily he may refused again as within this frum some one had same issue he got refusal cause of tax later on he sorted his tax matter hired a layer and got his ILR approved, the guy comes with threstal01 something like with this name search his post I know his lawyer name pm me and I will give you..

Well,in his previous post,the OP mentioned that his friend is not sure about the tax status and he is thinking to re apply for ILR. So,once he re applied and HMRC didn't update his tax issues by that time,then do you think that HO is going to change their decision?
How is gonna deal with the deception against him?

I know some one in recent past posted his case.Having look through the case and the story told by the OP in his case, do you believe his story?
In my opinion, it was an advertisement by some accountant who managed to feel some of the members to believe his story.
Don't think that I'm pointing the guns on the OP please,but the member Abdul's friend is in need of genuine help as he cant afford any waste of time or stuck again with another dodgy accountant.
Hope you will understand that.

Thats true if HMRC didn't accept his amendments file then obviously he has to continue his appeal of SET (LR) and wait for his amendments decison. But take it another scenario that his taxes are amended before his expiry in January, 2016 than Can he go for fresh application by withdrawing appeal?.. you can see the clauses they have put on him in previous posts

Every bit of suggestion, information and advise will be really helpful for him.

All the admin, moderators and seniors are humbly requested to give best of the best advise for him.. As he is very disturb since August due to negligence of his accountant (which obviously not going to take any blame on him now).

Thanks Rizcon and Murxama for your favorable replies.

[abdul78]

Hello,

I am also having the same situation. Has your case been sorted out? Can you please let me help me out and let me know what have you done in your case?


Thanks

[Obie]

You have to be extremely careful guy, the courts and Tribunal are uphelding the refusal of the Secretary of State in circumstances where it appears that the amendments were done, only after the ILR application was refused.

If attempts were made to remedy it before the application, that puts the person in a good light before the court, as I have seen a few cases where the tribunal have said the act of deception cannot be undone by making restitution after being caught.

[jimtoole]

You do not need to re apply let it go to JR and Court mate. If you have paid the tax there is no way they can not grant you ILR. The judge will grant you ILR if you remedy the tax discrepancy so do not waste money on another application. I know a bunch of people who have been granted ILR through appeal with tax amendments.

[Abdul14]

You do not need to re apply let it go to JR and Court mate. If you have paid the tax there is no way they can not grant you ILR. The judge will grant you ILR if you remedy the tax discrepancy so do not waste money on another application. I know a bunch of people who have been granted ILR through appeal with tax amendments.

Hi
Can you please let me know any cases on immigration boards who have been granted ILR after tax amendments during appeal.

[jimtoole]

HI Adbdul,

This guys was granted Teir 1 Extension after getting caught that he had not paid any taxes. He paid and then applied again now hes preparing for ILR. Also I have come across a Tribunal Decision at UTT where a 322 (5) was upheld by the judge saying that the person is not of good character and should not be allowed for ILR. In this case the Judge did not have evidence that the tax has been paid. So With what knowledge I have I can say that the best bet is not to face the judge, Tax paid or not. Best will be to update our taxes and apply fresh.

http://www.immigrationboards.com/indefi ... x#p1276807

You do not need to re apply let it go to JR and Court mate. If you have paid the tax there is no way they can not grant you ILR. The judge will grant you ILR if you remedy the tax discrepancy so do not waste money on another application. I know a bunch of people who have been granted ILR through appeal with tax amendments.

Hi
Can you please let me know any cases on immigration boards who have been granted ILR after tax amendments during appeal.

[confuse2much]

Hi Abdul,

Whats the progress of ur case as i m in same situation..

[CR001]

Hi Abdul,

Whats the progress of ur case as i m in same situation..

User Abdul has been banned from the forum so you will not be getting a response from him.