ILR Refused via Tier-1 General..Reapplying Questions

[shahz123]

Hi,

I got the ILR approved today in re application.

Based on my experience following are key points:
(1) Sort out the SA returns filing/corrections
(2) Find a good solicitor/immigration consultant ( very hard to find )
(3) You should have a good reason with proof why the SA were not filed/correct before
(4) Re apply.

Admin review is a complete waste of time and money. On the positive side it gives you some extra time ( upto 28 days ) to prepare your case.

If your visa has expired then you have 28 days after the admin review result to re apply.

Hi Zullu41,

Congrats to you at last you got your ILR. I have the same case ILR refused on previouse income did not declare to the HMRC by the accountant as he was registered me late. Can you please advise any good solicitor and also how long it took time in HMRC to update your SA?
Many Thanks,

[shahz123]

Hi shahz123,

I have PM you the details. Good luck

Hi Zullu41,
Can you please email me on Email removed by moderaator
I would be very thankful. Regards

[shahz123]

To find a good Immigration solicitor with experience follow these step.

1. Google Immigration Tribunals.
2. Find Cases for ILR appeals similar to your case.
3. On the published Tribunals the name of Solicitors is always there so make a note of a few solicitors that have won the appeals.
4. Call them and tell them what services you want and ask them their fixed fee.
5. Decide after meeting them if you are happy to have them working for you.

This way you know the solicitors have experience in winning immigration appeals so must be able to help you get through your application.

This is my opinion.

Regards,

Thanks mate, information are useful.

[shib123]

Does anyone know how to request the documents back? I didn't apply for review after the ILR refusal, I have booked for new appointment but still waiting for the documents. Refusal date was 7th Jan and for applying review ended on 21st Jan.

[shib123]

Reapplied with all correct details and refused again. Filed all missing self assessments and there was no tax due as well. Does any one faced same situation?

[HarryJones]

which PEO?
what are the wordings of the refusal?

[shib123]

Belfast PEO. 322(5). They are saying retrospectively filed after first rejection

[paboluuk]

Hi zullu41,

Congratulations for your hard-work. can you PM me your contact details?

[Casa]

Hi zullu41,

Congratulations for your hard-work. can you PM me your contact details?

Members are unable to send or receive PMs until they have made 30 posts.

[screenprint]

Congratulations, Very Rare in these days !

[jimtoole]

Something doesn't seem right here. Its such a difficult time for you mate. After paying all the taxes on time just because of a simple error you are facing soo much. I have a gut feeling that HO is doing it just to extort more money out of ignorant applicants. Its time that instead of making decision on your own see a few good direct access immigration barristers. IT will cost you further money but you will be pointed in the right direction.

Belfast PEO. 322(5). They are saying retrospectively filed after first rejection

[jimtoole]

By the looks of Shib123's case that once rejected for tax discrepancies there is a very high chance of rejection again as happened to him and that also in Belfast PEO that does not take as many applications. It happened with in the last 6 months only. I came across cases 6 months ago that went to BELFAST and had not paid a single penny of tax still got ILRs both in 10 yr and Tier1 Categories and now they are rejecting even after filling. So this can only have 2 possiblities
1. HO is trying to extort as much as they can before they issue us ILR this is in case of Self employed specially.
2. HO has won one or more trials in the court in the court where judge said Paid Tax retrospectively and held 322(5).

If case is 1 then save your money and do not apply again rather go for JR. But if Case is 2 we need to research thoroughly and try and find evidence if there is/are any such cases that have been heard and 322(5) upheld by judge for late filing of tax.

I have been in UK for over 10 yrs now and know in my heart somewhere that 322(5) can not apply for people that pay their tax late as long as you have evidence you have paid it.

So guys I appeal to you that please research the site Tribunal Decisions and other sites to find any cases related to the aforementioned issues.

[shib123]

I have applied for AR, but not sure HO will revert back their decision. If AR fails, I have three options in front of me,

1. Wait until April, pay 2015-16 tax in advance and reapply in a PEO
2. Wait until April, pay 2015-16 tax in advance and reapply by post
3. Go for JR

Hoping they cannot apply deception when we claim earnings where tax is paid. Please let me know your valuable suggestions.

[shoaibkhan622]

Try to sort your matter with Hmrc.called them every day after 6pm thats how you can connect them soon... request them and tell them your satiation that how tax issue effect yoir life and I am sure they will update it for you and then go for fresh application with a covering letter but with a good solicitor...

[shib123]

Hi Shoaib, just to add all my taxes are now up to date. 2015-16 tax will be due only after April. So will be trying to clear that as well.

[zullu41]

I know of 3 people on this forum ( including me ) which have re applied successfully. Some points below which should help in similar cases:

(1) In all the 3 cases the issue was only that SA were not filed. No tax was due when the SAs were filed retrospectively ( the due taxes were already paid in time in previous years ).
(2) The first thing to do is to correct your SA302 i.e. there should be no discrepancy ( specially the previous income claimed from HO should match your SA302 ).
(3) The second thing to do is to have a valid reason for late filing of SAs ( with as much evidence as possible ) e.g. accountant mistake ( in which case you can try to take some letter from old accountant , move to a new accountant , file an official complaint against old accountant ). Take a letter from new accountant that all taxes/accounts are in order.
(4) add your statement to the case stating that all taxes were paid in time. Only SAs were not filed due to mistake ( with reason ).
(5) Once you have these things find a good solicitor/immigration consultant to present your case.
(6) Go to ONLY CROYDON same day appointment ( nowhere else )
(7) Apply for yourself only. Once it is successful then apply for dependents. ( To save money in case of refusal ).

Good luck

[shib123]

Hi Zullu, I did all these except letter from old accountant. There was no tax due (negligible tax £1, £1.60 and overpad tax of £1600 from PAYE) , only problem was missed to file the Self Assessment. All CT, VAT and PAYE were paid on time. I went to Belfast and they refused stating retrospectively filed after the first rejection. I came to know only after the first rejection that SAs were missing. Now the AR is going on.

[SOHASH]

Hi,

I got the ILR approved today in re application.

Based on my experience following are key points:
(1) Sort out the SA returns filing/corrections
(2) Find a good solicitor/immigration consultant ( very hard to find )
(3) You should have a good reason with proof why the SA were not filed/correct before
(4) Re apply.

Admin review is a complete waste of time and money. On the positive side it gives you some extra time ( upto 28 days ) to prepare your case.

If your visa has expired then you have 28 days after the admin review result to re apply.

Hi Zullu,

Many congratulations for your ILR, Could you please give me the details for your solicitor and also which PEO did you go to??

Regards,
HASHSO

[zullu41]

Now a days CROYDON is the only reasonable place to go.

[tier1_london]

Hi,

I am director of a limited company.
I applied for ILR via Tier-1 general route on 5th Oct 2015. Was asked to attend interview 2 weeks later but wasn't informed what it was for. I got my case checked via a solicitor on 6-10-2015 and he advised me that i didn't had self assessment returns for 2011/12 and 2012/13 so contacted the accountant and filed them on 7-10-2015. There was NO ADDITIONAL TAX due as the income (salary + dividends ) was within the basic income tax threshold.
According to the accountant we got the UTR assigned in 2014 and subsequently the self assessment returns for 2013/14 and 2014/15 were filed in time. For years 2011/12 and 2012/13 there was no need to file the self assessments as per him as the (1) HMRC didn't demanded the returns (2) no additional tax was due (3) Dividends are also declared to HMRC when company accounts are sent to HMRC during the annual corporation tax filing.

Attended the interview in which was asked about company history / accountant / tax payments etc.

On 27-11-2015 received the refusal later
"We have accepted your claimed earnings for PAYE however HMRC records show that you have not completed a self-assessment tax returns to declare income received in the form of dividends from your company for any period between 2010 to 2015
It is also apparent when your income was eventually declared this had been done retrospectively after the date of your submission of your application. This has amounted to misleading another government department
On this basis settlement application is refused under paragraphs 322 (5) of the immigration Rules as your character and conduct in misleading another government department would lead to the undesirability of permitting you to remain in the United Kingdom"

I have hired a solicitor and applied for admin review last week.
All my taxes are paid in time for past 4-5 years. Self assessment for 2013/14 and 2014/15 was done in time. 2011/12 and 2012/13 self assessment was done late ( 1 day after the ILR application ) but no additional TAX is due. My claimed income during my previous extension applications and SA302 match.
DIVIDENDS are also declared to HMRC when annual company accounts are sent to them during corporation tax filing.

My query is :
(1) Normally what is the success rate of admin review applications ?
(2) I feel my case is strong as all the points raised in refusal are incorrect. But ofcorse 2 years self assessments are late ( with no tax implications ).
(2) If admin review is rejected then what are the next options i have ?

Hi zullu4.. I am planning to apply for ILR in May. My self assessment returns are also in a similar state.. only submitted for 2013-14 and 2014-15. My accountant will submit for the earlier ones. But is there a fine for delayed returns from HMRC for this? I don't owe any taxes etc but for some reason my accountant has not filed for the first 2 years. A lot of Accountants discussing online have the same opinion that it is not required for directors if they don't pay higher rate taxes. I would be very grateful if you can answer this for me.

[zullu41]

Hi,

I am director of a limited company.
I applied for ILR via Tier-1 general route on 5th Oct 2015. Was asked to attend interview 2 weeks later but wasn't informed what it was for. I got my case checked via a solicitor on 6-10-2015 and he advised me that i didn't had self assessment returns for 2011/12 and 2012/13 so contacted the accountant and filed them on 7-10-2015. There was NO ADDITIONAL TAX due as the income (salary + dividends ) was within the basic income tax threshold.
According to the accountant we got the UTR assigned in 2014 and subsequently the self assessment returns for 2013/14 and 2014/15 were filed in time. For years 2011/12 and 2012/13 there was no need to file the self assessments as per him as the (1) HMRC didn't demanded the returns (2) no additional tax was due (3) Dividends are also declared to HMRC when company accounts are sent to HMRC during the annual corporation tax filing.

Attended the interview in which was asked about company history / accountant / tax payments etc.

On 27-11-2015 received the refusal later
"We have accepted your claimed earnings for PAYE however HMRC records show that you have not completed a self-assessment tax returns to declare income received in the form of dividends from your company for any period between 2010 to 2015
It is also apparent when your income was eventually declared this had been done retrospectively after the date of your submission of your application. This has amounted to misleading another government department
On this basis settlement application is refused under paragraphs 322 (5) of the immigration Rules as your character and conduct in misleading another government department would lead to the undesirability of permitting you to remain in the United Kingdom"

I have hired a solicitor and applied for admin review last week.
All my taxes are paid in time for past 4-5 years. Self assessment for 2013/14 and 2014/15 was done in time. 2011/12 and 2012/13 self assessment was done late ( 1 day after the ILR application ) but no additional TAX is due. My claimed income during my previous extension applications and SA302 match.
DIVIDENDS are also declared to HMRC when annual company accounts are sent to them during corporation tax filing.

My query is :
(1) Normally what is the success rate of admin review applications ?
(2) I feel my case is strong as all the points raised in refusal are incorrect. But ofcorse 2 years self assessments are late ( with no tax implications ).
(2) If admin review is rejected then what are the next options i have ?

Hi zullu4.. I am planning to apply for ILR in May. My self assessment returns are also in a similar state.. only submitted for 2013-14 and 2014-15. My accountant will submit for the earlier ones. But is there a fine for delayed returns from HMRC for this? I don't owe any taxes etc but for some reason my accountant has not filed for the first 2 years. A lot of Accountants discussing online have the same opinion that it is not required for directors if they don't pay higher rate taxes. I would be very grateful if you can answer this for me.

There is no HMRC fine if no tax is due. But yes this is mandatory HO requirement now a days. Once you have filed the SA and you got the confirmation from HMRC that your records are updated then request them to send SA302 for all years. You need to take these with your application. Go to CROYDON only. Also take a good reputable solicitor/immigration adviser with you.

[shedy789]

Hi Zullu,

I'm in a similar situation, ILR ( tier 1 general ) rejected at sheffield PEO for the same reason (late Self assessment submission after knowing through rejection that SA missing), However updated everything with HMRC an additional tax of £209. Again I also made same mistake of not checking my tax records with accountant purely an ignorance before application submission, I also now got refusal on AR application. A little confused at the moment either go for Judicial review or reapply for ILR.
Definitely need expert guidance, may I request you to forward me solicitor details ASAP?

I shall be grateful,

Regards,

Shahid

[PDK2016]

Hi All,

I am the latest victim to HO in the same grounds of ILR refusal yesterday 18th May 2016 .
Details of my case i have amendment the tax returns of 12/13 in first week of this month before going to my ILR PEO CROYDON and i got confirmation from HMRC that these amendments have been updated with them and took all the proofs to PEO, but HO office did not considered the latest amendments and refused my ILR application under section 322(5).
Can someone suggest me what are the options i have now as my visa is expiring on 1st June 2016

Thanks ,
PDK2016

[kirankhalil75]

hi @ PDK2016

i am really sorry for your refusal and hop you will win this case in JR.

i want to ask you some questions if you don't mind,

1 did you meet with the caseworker or interview?
2 did the give you any questioner to fill ?
3 also did you take any solicitor with you ?
3 they did asked you any type of question about self employment or tax returns etc ?
4 whats time you went for your application, in morning or afternoon ?

Thanks
Kiran

[PDK2016]

hi @ PDK2016

i am really sorry for your refusal and hop you will win this case in JR.

i want to ask you some questions if you don't mind,

1 did you meet with the caseworker or interview?
2 did the give you any questioner to fill ?
3 also did you take any solicitor with you ?
3 they did asked you any type of question about self employment or tax returns etc ?
4 whats time you went for your application, in morning or afternoon ?

Thanks
Kiran

Hi Kiran,

1.did you meet with the caseworker or interview?
I met Caseworker.
2.did the give you any questioner to fill ?
Yes i did fill a Questioner.
3.also did you take any solicitor with you ?
Yes i was accompanied by a solicitor.
4.they did asked you any type of question about self employment or tax returns etc ?
well it was under the Questioner.
5.whats time you went for your application, in morning or afternoon ?
My appointment was at 8:20 AM and took almost 4 hours.

Regards,
PDK