Visa status after refusal sec 322

[sifanaeem]

Hi all,

I'm on a Tier 2 G valid for another 18 months (wife and child are dependents), I'm eligible to apply for ILR now. Unfortunately there is Tax discrepancy and I'm wondering what the worst case scenario is.

1. What will happen to your current visa if refused ILR under 322 for deception (Tax issues)?
2. Will they cancel all our visas and give notice to leave the UK?
3. Will I have rights to continue working?
4. Will they inform my company? (Sponsor of Tier 2 G)

Thanks for your values opinions.

Cheers

[Wanderer]

Hi all,

I'm on a Tier 2 G valid for another 18 months (wife and child are dependents), I'm eligible to apply for ILR now. Unfortunately there is Tax discrepancy and I'm wondering what the worst case scenario is.

1. What will happen to your current visa if refused ILR under 322 for deception (Tax issues)?
2. Will they cancel all our visas and give notice to leave the UK?
3. Will I have rights to continue working?
4. Will they inform my company? (Sponsor of Tier 2 G)

Thanks for your values opinions.

Cheers

Why would there be tax issues, as an employee you are not required to fill in Self Assessment, the usual cause of tax issues...

[CR001]

Seems OP was originally Tier 1 G

http://www.immigrationboards.com/indefi ... l#p1315799

[Casa]

Oh please! Not another one.

[noajthan]

...

1. What will happen to your current visa if refused ILR under 322 for deception (Tax issues)?
2. Will they cancel all our visas and give notice to leave the UK?
3. Will I have rights to continue working?
4. Will they inform my company? (Sponsor of Tier 2 G)

Thanks for your values opinions.

Cheers

1) If not curtailed it will time out in approx 18 months (according to your stated facts).

2) Don't know

3) If current visa is not curtailed

4) Probably not. HO does subscribe to high standards such as data privacy.

Have you made any efforts to sort out tax?

This kind of mindset (suppression of material facts verging on 'denial') does not bode well

... I would really like to avoid mentioning this amendment in the PEO questionnaire. As this would prompt them to dig deeper.

[sifanaeem]

Yes, sorry guys 5 years are be made up from 1.5 years in Tier 1 G and the rest in Tier 2 G.

Purpose of me asking the above questions was me preparing for the worst. Specially if HO informs my Tier 2 Sponsor, I might loose my job.

As I have stated in my other threads below I have a tax discreperancy, which I have now written to HMRC to correct if possible and have postponed my PEO appointment till end of April so that it gives more time to HMRC to update the records.

http://www.immigrationboards.com/indefi ... 04488.html
http://www.immigrationboards.com/indefi ... 03652.html

Cheers

[sifanaeem]

Hi guys,

1. What will happen to your current visa if refused ILR under 322 for deception (Tax issues)?
2. Will they cancel all our visas and give notice to leave the UK?
3. Will I have rights to continue working?
4. Will they inform my company? (Sponsor of Tier 2 G)


Cheers

[Casa]

...

1. What will happen to your current visa if refused ILR under 322 for deception (Tax issues)?
2. Will they cancel all our visas and give notice to leave the UK?
3. Will I have rights to continue working?
4. Will they inform my company? (Sponsor of Tier 2 G)

Thanks for your values opinions.

Cheers

1) If not curtailed it will time out in approx 18 months (according to your stated facts).

2) Don't know

3) If current visa is not curtailed

4) Probably not. HO does subscribe to high standards such as data privacy.

Have you made any efforts to sort out tax?

This kind of mindset (suppression of material facts verging on 'denial') does not bode well

... I would really like to avoid mentioning this amendment in the PEO questionnaire. As this would prompt them to dig deeper.

Already answered by Noajthan.

[sifanaeem]

Hi Casa,

Well, Noajthan did reply but didn't really answer as he didn't know. Was wondering if anyone else knew more about the matter.

Cheers

[Casa]

Hi Casa,

Well, Noajthan did reply but didn't really answer as he didn't know. Was wondering if anyone else knew more about the matter.

Cheers

I believe the only question he was unable to answer was number 2 on your list. I concur with his advice.

[sifanaeem]

For 1 and 3 he said "if not curtailed", to be honest I knew that bit, but wanted to find out if anyone has had their visa curtailed...

Cheers

[tg2016]

Hi Casa,

Well, Noajthan did reply but didn't really answer as he didn't know. Was wondering if anyone else knew more about the matter.

Cheers

I believe the only question he was unable to answer was number 2 on your list. I concur with his advice.

My friend recently had his naturalisation application rejected due to 322 but he his ILR was not curtailed. But on speaking with our solicitor he was advised that the next time he goes to India and returns he may be sent back at the airport. The same may happen to you if your application is rejected due to 322 then you may be stopped at your port of entry anytime to are returning to the UK (Unless you come by ship from France as they are not that strict at the Port)

[f317633]

For 1 and 3 he said "if not curtailed", to be honest I knew that bit, but wanted to find out if anyone has had their visa curtailed...

Cheers

It will not be curtailed. The visa once issued is not curtailed unless the person in question is a serious threat to the country and related to terrorism and all. This has been confirmed to me by one of the frnd who had contacted HO asking them to cancel his spouse visa as they were getting divorced. HO refused to do so and have this justification.

[Casa]

For 1 and 3 he said "if not curtailed", to be honest I knew that bit, but wanted to find out if anyone has had their visa curtailed...

Cheers

It will not be curtailed. The visa once issued is not curtailed unless the person in question is a serious threat to the country and related to terrorism and all. This has been confirmed to me by one of the frnd who had contacted HO asking them to cancel his spouse visa as they were getting divorced. HO refused to do so and have this justification.

You've been misinformed. Visas most certainly can be curtailed for other reasons than being a serious threat to the country. You should be aware that HO 'help line' staff frequently give incorrect 'advice' often on even the most basic of immigration issues. See this link to the UKVI guidance for Case Workers on when and how they should curtail a visa.
https://www.gov.uk/government/uploads/s ... _clean.pdf

As a matter of interest for your friend, this is the form that should have been completed to inform the HO of the relationship breakdown.
https://www.gov.uk/government/publicati ... nsent-form

[f317633]

For 1 and 3 he said "if not curtailed", to be honest I knew that bit, but wanted to find out if anyone has had their visa curtailed...

Cheers

It will not be curtailed. The visa once issued is not curtailed unless the person in question is a serious threat to the country and related to terrorism and all. This has been confirmed to me by one of the frnd who had contacted HO asking them to cancel his spouse visa as they were getting divorced. HO refused to do so and have this justification.

You've been misinformed. Visas most certainly can be curtailed for other reasons than being a serious threat to the country. You should be aware that HO 'help line' staff frequently give incorrect 'advice' often on even the most basic of immigration issues. See this link to the UKVI guidance for Case Workers on when and how they should curtail a visa.
https://www.gov.uk/government/uploads/s ... _clean.pdf

As a matter of interest for your friend, this is the form that should have been completed to inform the HO of the relationship breakdown.
https://www.gov.uk/government/publicati ... nsent-form

Makes sense to me.

[sifanaeem]

Let me rephrase the questions as no one can predict what the CW "will" do

1. What usually happens to your current visa if refused ILR under 322 for deception (Tax issues)?
2. Do they usually cancel all our visas and give notice to leave the UK?
3. In the case where they curtail my visa will I have the rights to continue working?

Cheers

[tg2016]

Let me rephrase the questions as no one can predict what the CW "will" do

1. What usually happens to your current visa if refused ILR under 322 for deception (Tax issues)? Unless mentioned in your rejection letter it wouldn't be curtailed. But even then u will be in a catch 22 situation as whenever you travel abroad and return there will be chances you will be held at the airport and then possibly deported (I am saying this after speaking to my solicitor for my friend who had his naturalisation application rejected)
2. Do they usually cancel all our visas and give notice to leave the UK? As said above unless mentioned in the letter you can stay back in the country
3. In the case where they curtail my visa will I have the rights to continue working? If your visa is curtailed you wouldn't even have rights to stay in teh country let alone work

The experienced gurus can correct me if I am wrong

Cheers