ILR Refused 322 (2)

[shshi16]

Dear Gurus


I applied ILR via PEO last month my application has been refused due to not employed income match initial tier 1 apps


I am a salaried employee last 6 years at same company .

My company accept the mistake due to the payroll error in 2011 and they updated all the correct salary details now and its shows from HMRC employment history now ( NO difference )

I have done a fresh application before the leave expire via post , still no confirmation .

Do they refuse again
Am so worried !!

[Nvsc]

which peo and did you submit the employment history along with application or did they ask you to submit
how did they know salary mismatch ??

[shshi16]

I did not submitted hmrc emp history , they checked randomly

[noajthan]

I did not submitted hmrc emp history , they checked randomly

Unfortunate for you but probably not so 'random'.

[shshi16]

So do they refuse my fresh apps as well

Even company accept the mistake

[arahimpk]

@shshi16 which route did apply ILR, 5 years or 10 years? thanks

[martinstroke]

Hi shshi,

I would probably suggest that you should make a fresh application and possibly get your company to give you a letter affirming that the error was from the accounts department and this has been rectified. I would probably also advise that you can order your employment history from the HMRC and this should usually take about 7 working days.

I ordered mine this month and that was how long it took.

My question to you is what period of earnings did you claim. that is, is it all within a financial year say April 2011 to march 2012, as I and most people on here would not have thought that they can only get the end of financial year details which usually don't match sometimes depending on when the applicant is applying, eg August 2011 to July 2012.

Anyway hope that helps

[shshi16]

Hi

I made the fresh apps with HMRC Emp history and got the acknowledgement from the company as well

Do now all match

DO they refuse again

[Nvsc]

i think no problem for your application. which PEO did you apply

[mian1]

how to order employment history from HMRC
is it online or have to fill a form and send
or have to ring HMRC
Please confirm the process
thanks

[kanswam]

@mian1
Just call up HMRC and request your employment history if you have been working as a full time employee or ask for SA302 if you have filed Self Assessment in the past.

You would get it in 5 to 10 working days by post. I got my SA302 and PAYE within 7 working days

Best wishes!

[mian1]

I got sa302 and self assessments
So it's mean they are same just with different name for employed and self employed + employed people
Thanks

[kanswam]

Mian1
I don't know that...but if you have got your tax history from HMRC then that should give you a clearer picture for you to make the determination in your application.

cheers

[mulderpf]

Dear Gurus


I applied ILR via PEO last month my application has been refused due to not employed income match initial tier 1 apps


I am a salaried employee last 6 years at same company .

My company accept the mistake due to the payroll error in 2011 and they updated all the correct salary details now and its shows from HMRC employment history now ( NO difference )

I have done a fresh application before the leave expire via post , still no confirmation .

Do they refuse again
Am so worried !!

This isn't entirely clear. Some questions:

1. Was the mistake in how much tax you paid or what your total salary was?
2. Did the company "forget" to pay over the tax in 2011 and now have to pay it over due to this mistake?
3. Does the reported figure by HMRC for your earnings match what you claimed in your initial tier 1 application?
4. Did you underpay tax and are they now having to collect this from you?

I wasn't able to figure it out from your posts as they are not very clear or explanatory.

[shshi16]

I did not submitted hmrc emp history , they checked randomly

Unfortunate for you but probably not so 'random'.

If I want to send any addtional documents which address do I need to send for my freash app



Urgent respond needed please

[mulderpf]

I did not submitted hmrc emp history , they checked randomly

Unfortunate for you but probably not so 'random'.

If I want to send any addtional documents which address do I need to send for my freash app



Urgent respond needed please

If you are doing a fresh app, the address is on the SET(0) form or are you sending additional documents separate to your application?

[shshi16]

sending additional documents separate

Please urgent


Tier 1 - set 0

[mulderpf]

UK Visas and Immigration
Liverpool Settlement Casework
PO Box 306
Liverpool
L2 0QN

You really should read the guidance properly though as this is mentioned in there - you have to follow the instructions carefully otherwise they will not be able to match your additional documents with your application.

[shshi16]

Thanks mate ,

If they refuse again (less possibility ), can I switch as a tier 2 depended in the UK within 28 days of the AR refusal , because my Mrs got tier 2 .


Experts please get back

[protagonist8]

Thanks mate ,

If they refuse again (less possibility ), can I switch as a tier 2 depended in the UK within 28 days of the AR refusal , because my Mrs got tier 2 .


Experts please get back

it should be fine but again case worker discretion , best idea is to clear this first then go for something else

[noajthan]

@shoaibkhan622, kindly refrain from posting same question on multiple other threads.

Your question moved here to avoid jumbling & confusion with other members:
http://www.immigrationboards.com/indefi ... 04788.html

[shshi16]

I did not submitted hmrc emp history , they checked randomly

Unfortunate for you but probably not so 'random'.

Dear Moderators and gurus ,

Please give a clear advise , some one said if they refused under 322 (2) once ,then they will refuse all future application , even the future application is all perfect

I confused , please advise

[Casa]

Yes, that's possible.
"should refuse their application under paragraph 322(2),when deception was used in a previous application"

To refuse under paragraph 322(2), you must show that:
 the applicant deceived the entry clearance officer, Home Office officer or caseworker when they made a previous application, and that
 the deception was used to get, or attempt to get, leave to enter or remain


https://www.gov.uk/government/uploads/s ... __EXT_.pdf

[shshi16]

Then what about Patel process

In essence, the policy provides that, in cases of potential discretionary
refusal under paragraph 322 of the Immigration Rules, caseworkers
should follow the ‘Patel’ process. Where this is not done, the resulting
decision will not be in accordance with the law.”



If the application falls to be refused under 322(2) to 322(12), then as
full consideration of the application is required then caseworkers
should proceed in the way set out below.
The caseworker should first of all check whether or not the application
was submitted prior to the expiry of the applicant’s leave to enter or
remain.

[ilrsoon14]

@shshi16

Can you please let us know whether at peo if they asked you to provide any additional documents or asked for any clarification on the missing employment record for 2010/2011 before giving you the refusal letter? also which peo did you go to, was it croydon?

I'm going to croydon soon and worried whether I need to submit employment history, p60s etc with the application itself or only provide these when the case worker needs clarification/additional docs? My employment record for 2010/2011 was missing due to some missing info at hmrc, however they updated their records and it is all okay now.

Your response will be very helpful to people like me who are in the same situation. Thanks