Post
by harimyfriend » Wed Oct 25, 2017 11:07 am
Hello all, this forum has always been a great help to many and I am hoping to tap into the knowledge pool with my query below. Please bear with me as it’s a bit of a mess.
Entered UK as student in Sept 2007, later granted PSW
T1(G): granted in April 2011
T1(G) ext: granted in May 2013
Applied for ILR: 17 May 2016
Refused: 17 Oct 2017
Reason: 322(5) and 245(CD)
Been in the UK for 10 years
I had two amendments (2009/10 and 2010/11) and SA tax returns (2012/13 and 2013/14) were filed late, in 2016. All taxes have been paid off in full prior to refusal.
On the refusal latter HO has said that I declared a lower income to HMRC during my 2011 T1G application. The proof they have is a CT600 my old accountant had submitted to HMRC for (2010/11) period. However even with the original figures submitted to HMRC (as per the CT600), I’d still qualify for T1G.
They have also said that “Had you declared the same earnings in your application for May 2013 (ie: my T1G ext) which was consistent with your earnings declarations to HMRC, you would not have scored sufficient points under leave to remain to be granted” – this is incorrect as I did not declare incorrect figures to HMRC. It’s true that I filed my tax returns late, but the figures submitted to UKVI and HMRC are one and the same. There have been no amendments. I also had no extra tax to pay after I had filed these SA tax returns.
To top it off, HO has also made a number of mistakes/ misinterpretation of words on the refusal letter including the few below:
a) They have quoted an incorrect figure as something I’ve claimed in dividends for my T1G ext application
b) Got the points awarded wrong (awarded 30 instead of 35 for academic qualification)
c) They said I submitted the tax returns after I was informed of the discrepancy – but I did this before I even submitted the ILR application
Hands up, I know I did not file the tax returns on time (I have my honest reasons).
But,
a) I qualify for T1G even with the original figures claimed to HMRC and
b) there have been no amendments for my T1G ext application and after filing the SA tax returns (late), no tax owed to HMRC… How can HO say that I declared different amounts to HMRC and HO to reduce my tax liability?
Based on these facts (hope they are clear) do the valued members think I should go for AR and then JR or AR and then submit an FLR(FP) application?
Many thanks for all your valued comments in advance.
Hari
