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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
Follow what you preach? If refused, let it go to JR and court mate!jimtoole wrote: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.
Did you follow your own suggestion? Are your tax affairs in order? If not, why did you not attempt to put them in order before applying?jimtoole wrote:As long as your tax affairs in order they have no reason to reject. So dont worry and wait for your ILR to come that shall come with in 30 days.
Nothing springs to mind.jimtoole wrote:Dear Casa and SudeshMehta,
I have made a grave mistake. Is there anything I can do to not get rejected or atleast not get Deception charges imposed.
Regards
Casa wrote:It appears that deception is likely to be considered as you've only attempted to address the discrepancy after your ILR has been refused. You've probably left it too late.
+1, it is a pity that applicants seem to think that Set(LR) applications will exclude a full background check on income/tax /discrepancies etc. and is safer than ILR via Tier 1 G.Casa wrote:It appears that deception is likely to be considered as you've only attempted to address the discrepancy after your ILR has been refused. You've probably left it too late.
immediately preceding your expert opinion but I guess then you were more interested in having your say in the matter rather than reading valuable information that was posted.Obie wrote: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.
£17K??? That is a huge figure of unpaid taxjimtoole wrote:I was suppose to earn 35k and tax due is about 17K that I am willing to pay as advance payment to HMRC in 7 days.
Casa wrote:Do you want to say why the figures don't match?
Casa wrote:To be honest, I don't have any positive advice to give you. Are you saying that you have discrepancies in your tax returns for the last 5 years? By all means you can attempt to rectify the problem, but it will probably look as if you're only paying up now as you know the additional checks will catch you out.
Yes, of course the case worker intends to check with HMRC. Your 'amendments' are unlikely to be updated by the Tax Officer before the decision is made on your application. Also tax years 10-11 go back further than the 4 year cut-off.jimtoole wrote:Dear Casa,
I only have discrepancy in the year 10-11 and 12-13 rest all years till today are in order and I have paid taxes for them. I asked the case worker few times what checks he wants to undertake as I can submit additional documents to him but he did not tell him what checks. I am assuming they will do HMRC checks and thus want to submit all these documents before the decision. Will they still have grounds to say I have used deception.
Regards,
Casa wrote:To be honest, I don't have any positive advice to give you. Are you saying that you have discrepancies in your tax returns for the last 5 years? By all means you can attempt to rectify the problem, but it will probably look as if you're only paying up now as you know the additional checks will catch you out.
Obie wrote:I do hope and pray that the immigration judge takes a favourable view.
In this day in age, and under the UK hostile immigration system, you need to make serious prayers, for a very compassionate.
My biggest worries, is you paying these huge sums, and then getting rejected.
I also hope it will not be viewed as Tax invasion.
Obie wrote:I am glad you were able to find solace from that. But to be perfectly honest with you, I am unable to see how that guidance assist.
The caseworker is saying, this person applied for Leave before showing a certain amount of earning, but when taxes were filed a different amount was shown.
If the UKVI was aware of the declared earning, then leave will not have been granted, and if it is the case that taxes were not been paid, then the person is not of good character, as they are seeking to evade taxes.
The difficulty for Me is the 2010/2011 tax year . It is nearly 5 years ago, and if you noticed error, that ought to have been corrected subsequently.
That is my only issue.
Obie wrote:There appears to be a nexus between the time these corrections were made and the time the application for Settlement was lodged.
Also if there is a nexus between the time the application for extension was made and the time these taxes were filed, then there is a difficulty.
Cos it could well be contended that, you were aware of the correct figures from the time of the application, but still gave inland revenue different figures.
I am not trying to be critical, and for what its worth i do want you to be successful.
I am merely taking the position of an overzealous presenting officer, who is seeking his/her bonus, they will give you a rough ride during cross examine.
I know how aggressive some of these presenting officers can be.
Try and get an objective view, that way, you will be better prepared for any eventuality. At present your views seems very subjective, and it does not seem to work that way in the real world.