SLTR-Rejected alleging Deception-Please help

[noajthan]

...

Actually my friend got his naturalisation application rejected on a similar charge wherein they said that the company with which he traded did not do any trading so Ho believes that he only rotated money. Surprisngly they did not bother about this when he applied for his ILR but rejected at the last hurdle.

All the best mate.

Decisions are evidence-based and, in certain areas, made at discretion &/or based on a balance of probabilities.
Evidence may not have been required or available or presented at the beginning of a certain visa trail.

The requirements for naturalisation & for ILR are quite different anyway; they are based on different legislation with different requirements and burdens of proof.

[mulderpf]

I only read this thread now. With regards to the tax issue that you were busy sorting out - did the tax owing have anything to do with the claimed company which was using a forwarding address rather than their own address?

The advice of appealing and not doing a fresh application was correct - a fresh application isn't really going to bring you any closer to resolving the issue I believe. Have all your tax issues been resolved now - this only increases the chances of success? If it is a case of a significant difference in reported income for tax purposes and reported income for immigration purposes, much of the damage has been done and even a fresh application is unlikely to change history.

[jimtoole]

Hi thanks for your good wishes and advice.

@mulderpf

Yes the income was under-declared and tax was underpaid on the income from this company in question but was done by a qualified accountant that split the income in two years and declared only half the income.
I have not still been able to sort out the tax issues as HMRC keeps giving new dates. I have been told we have a strong case but you are right due to the tax not paid in time nothing is now guaranteed. I am still of the opinion to put in a fresh application once the tax is paid. As I sent the amendments with in 5 days of application without a prompt from any Govt department. So second application has better chances of success. My theory is If they get a new application and with all the evidence that I have submitted in my appeal its over 300 Pages proving a 6 years history of that company's existence. I only sent them 2 invoices so have them two invoices + my bank statements reflecting the invoices paid. Now if the HO confirms from HMRC on my tax and income declared after they get my second application, HMRC will confirm tax paid on the income from that company. They will then have to find a solid reason to decline second time. But still as you said any thing is possible but I believe i would have a better position then.

Kind Regards,

[Plzilr]

Jimtoole

What's your next Course of action is are you going for appeal or a fresh application? I knew some one who refused again even after the amendments on window..

[jimtoole]

Hi mate,

Right now all am waiting for is to amend my tax returns and pay all the tax owed once its done, I am going to approach my Barrister again and convince him to withdraw appeal and apply fresh with all relevant docs and yes not at the window but in the post. They might reject again and I am mentally prepared for that.

My wifes visa is running out in 3 days and I did not do any thing as yet for her application as I was busy with my own appeal etc. Have started collecting docs for her Tier 1 Gen Dependent Application now. Its seems like its even more expensive than ILR.

God save us

Jimtoole

What's your next Course of action is are you going for appeal or a fresh application? I knew some one who refused again even after the amendments on window..

[Plzilr]

Better to fight in appeal as they may refuse you again due to the deception in your previous applications tax amendments takes atleast 4 to 5 months..

[jimtoole]

Thanks for the advice bro. The decisions we take today shape our future, so I will be very careful in making this important decision and will take expert opinion from 2 more barristers before deciding. I will keep you all updated on progress.
Need little help with Teir 1 Gen Depndant application I shall post that in the relevant thread.

Regards,

Better to fight in appeal as they may refuse you again due to the deception in your previous applications tax amendments takes atleast 4 to 5 months..