SET(LR) application

[jimtoole]

Dear Gurus,

Need advice really URGENT!!

I applied for SET (LR) on 31/12/2015 using PEO and the case worker kept my file for further checks. I have tax issues on both Teir 1 General, initial and extension applications (figures dont match with HMRC and HO).

The case worker did not tell me even after asking many times that what checks they wanted to do as all he needed to make a decision was submitted to him. I am sure its going to be HMRC. Reading stories of people getting refusal on grounds of deception I know already the outcome of my application.

What Shall I DO.

Kind Regards

[Casa]

Do you want to say why the figures don't match? I'm assuming you hadn't made any attempt to correct the discrepancies with HMRC before submitting your visa application?

[geriatrix]

You seem to be offering expert opinion to others on the matter:

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.

Follow what you preach? If refused, let it go to JR and court mate!

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.

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]

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]

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

Nothing springs to mind.

[jimtoole]

Dear Moderators and Senior Members,

I am thinking to get the corrections made on my tax returns for the years and send them both to home office and HMRC at the same time with in next 7 days. I will put a letter to explain that why they were not filed before and now realizing the mistake they have been filled. This way I am myself telling the case worker/home office what they are trying to find out from the HMRC. Also I request them to hold their decision till the amendments have been made. Do you think that will put me in some good light. I also plan to pay the tax due online and it will reflect in my HMRC account as overpaid tax so will send a confirmation from bank statement and HMRC overpayment confirmation along with the amended tax returns to both HMRC and Home office.

This is the best I can see i can do at the moment. Please suggest is there any thing else I can do at this stage to be not classed in deception.

Regards,

[Casa]

It appears that deception is likely to be considered as you've only attempted to address the discrepancy after your ILR has been refused. i.e If your ILR application had been approved, HMRC & UKVI will probably take the view that you would have done nothing. You've probably left it too late.

[jimtoole]

Dear Casa,

My application has not been refused yet. I only applied yesterday and the case worker kept it for further checks.

Regards,

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.

[CR001]

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.

[jimtoole]

Dear Casa,

I have a life here a business, a dependent wife and a 3.5 yr old son born here. I have never been so tensed in my whole life time as much I am today. Very good start of the new year for me I know I have made a mistake and i cant reverse that now. I feel shattered after a full 10 year long wait and paying soo much in to visa fees for me wife finally I find myself to be in a mess. As you have read and advised so many people before please could you give me any advice. It will be much appreciated.

Kind Regards,

[jimtoole]

Dear Moderators,

One Question.

Can I send the updated Tax returns to the HO for all 5 years as supporting evidence for my application. In them the two years will be amended tax returns with proof that they have been sent to HMRC and proof of payment. and the rest 3 years I have paid tax on over 21K every year from last 3 years so they are up to date. 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.

Will that still be considered as deception as I am my self sending them each and every detail before the decision is made.

Regards,

[geriatrix]

What is ironic is that Obie had posted the following suggestion:

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.

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.

So, pray to the lord and hope for the best!

[Casa]

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.

[CR001]

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.

£17K??? That is a huge figure of unpaid tax

Do you want to say why the figures don't match?

[jimtoole]

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,

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.

[Casa]

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,

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.

[Obie]

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 judge. They are hard to find these days.

My biggest worries, is you paying these huge sums, and then getting rejected.

I also hope it will not be viewed as Tax invasion.

[geriatrix]

I hope so too, for OP's sake, but the truth is tax evasion and using inflated income to gain points under PBS and apply for right to enter / remain in the UK is deception! And, HO is just waking up to find the extent of this rampant malpractice going one ever since HSMP days.

No point in dragging the (tax) matter on here on the forum. The OP needs to consult with a "competent" tax advisor to remedy his tax problems and have everything in order before HO asks for any clarification / evidence. This immigration forum is not the place for such a discussion.

Whether HO will accept retrospective changes (after having submitted ILR application) is upto the HO, though Obie's post above is a good enough hint to the likely outcome(s). Whether OP will be able to provide the necessary clarification / documents to the HO when asked is between the OP, his nominated tax advisor and HMRC. Again, not an immigration issue that warrants discussion here.

It could very well be that OP gets a lenient caseworker who ignores all the tax discrepancies, and grants ILR! Or maybe the application has been deferred for a completely different reason? Who knows!!

Sort out your tax matters ASAP, and come back here when you have an immigration query that needs answering.


All the best. Enough mistakes have been made already, don't make any more!!

[jimtoole]

Fear of HMRC coming down heavy on me actually held me back from updating these earlier but seems I have no other option now then to face all that is about to unleash on me and my beautiful family. All of us are now praying to God.

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]

What a mess. I hope it gets sorted.

I can imagine the impact your actioned could have on your young children, who to all intense and purposes may have established strong routes in the UK.

I really hope it goes well.

I must say, the ability of success is beyond the realms of a good solicitor or barrister. It is simply a matter of what the court says.

If you say you inflated the figure to get residency, you may be doomed. If you say you made a mistake and only realised 3 and 5 years respectively. You are doomed.

[jimtoole]

After a thorough research and reading the full General Grounds of Refusal. I have found the following information on page 10 of these guidance notes. "When deception has been used in a current or previous application, to get a document from the Secretary of State that shows the applicant has a right to reside in the UK (r. 322(2A)), it must be shown both that the applicant deceived the ECO/HO caseworker when they made a previous application, and that deception was used to get, or an attempt to get, a document from the Secretary of State to show the applicant has a right to reside in the UK. Caseworkers will need to show that a person’s circumstances or intentions have always been as they are now and deception was used in order to hide those circumstances. These kinds of cases must be referred to a senior caseworker before a decision is made. The case worker before putting the deception charges will have to see that the applicant was deceiving before and is still decieving now. This has given me a little hope. https://www.gov.uk/government/uploads/s ... 4v23_0.pdf

[Obie]

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.

[jimtoole]

The wording here that says "deception was used in order to hide those circumstances" . The tax was under declared that constitutes deception but if we are not hiding it and and rather telling them about it ourselves before the decision is made with a proof that the process to amend the discrepancy has been already initiated. So in that case deception is not used to hide those circumstance.

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]

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.

[jimtoole]

All I am trying to do is avoid being rejected on the Deception grounds. If they still reject me after my full disclosure they will have to put in writing that they believe I was hiding my circumstances which I am not. They never asked me for tax returns in my extension application so I did not hide anything then. I also know that they will reject it but after full disclosure of my previous and current circumstances it will be decided by a senior officer if that still constitutes deception which I hope might take a lenient approach and not direct for rejection based on Deception.

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.