ILR Refused due to Tax discrepancy

[bkapeed]

@pscloud: Thanks for your reply.

is it like we can never make a fresh application after clearing taxes, will it also affect 10 years Long resodence ILR too ?

To All,

one question,i know from 5th April 2018 , ILR is closed for Tier 1 general applicants.

Is it also closed for people who have spent 10 years in any kind of visa ?

[Casa]

@pscloud: Thanks for your reply.

is it like we can never make a fresh application after clearing taxes, will it also affect 10 years Long resodence ILR too ?

To All,

one question,i know from 5th April 2018 , ILR is closed for Tier 1 general applicants.

Is it also closed for people who have spent 10 years in any kind of visa ?

A refusal for deception under 322(1A)
(1A) where false representations have been made or false documents or information have been submitted (whether or not material to the application, and whether or not to the applicant’s knowledge), or material facts have not been disclosed, in relation to the application or in order to obtain documents from the Secretary of State or a third party required in support of the application.
and under guidance for Case Workers:
[i]When an applicant has used deception either in their current or previous application, for
example, made a false representation, submitted false documents or information or not
disclosed material facts, you:
 must refuse their application under paragraph 322(1A), when deception has been used
in a current application
 should refuse their application under paragraph 322(2),when deception was used in a
previous applicationWhen an applicant has used deception either in their current or previous application, for
example, made a false representation, submitted false documents or information or not
disclosed material facts, you:
 must refuse their application under paragraph 322(1A), when deception has been used
in a current application
 should refuse their application under paragraph 322(2),when deception was used in a
previous application[/i]

If you are refused for deception under this application you would also be refused an ILR application under 10 year Long Residence. Also be aware that the same stringent checks on tax irregularities will be made on an SET(LR) application.

[Obie]

The option is to resolve the tax issues and proceed with a judicial review application.

In an ideal world, there should be a FTT appellate procedure where people can have the opportunity to put forward their case .

Unfortunately only JR is available.

[bkapeed]

@obie:
what is Judicial review application.

One can go to JR only after ILR refusal and AR refusal right ?

is there anything like ILR JR application ?

Also one question:

ILR refused applicants still can apply for dependent visas right as long as they have valid tier 1 general visa ?

[screenprint]

I don't think there should be any issue with regards to depend visa, as your depended application is entirely different than yours and it should be treated separately. But as you are the sponsor of your depended technically it can be linked back to you.

[protagonist8]

Hi

Which PEO did you go to and was this the only year where you had a tax discrepancy?

Can you shed some more light on your case please

Hi Immigrantshimmigrant,

I applied in Belfast PEO.

Yes its only for 1 tax year and just for 6 months.

Just re-stating the situation here:

Have applied for ILR on 23rd March 2016 and came to know that there was a discrepancy in the amount shown to UKBA and HMRC during the financial year 2010-11

I was self employed for 3 months during that year and have claimed £26,100 as gross profit out of self employment. When my accountant did the tax calculation, he had filed tax only for £15,057 with HMRC. Due to this discrepancy ILR was refused stating that I was deceitful or dishonest with HMRC (322(5)).

To add on,
That was my first Self employment and had very little or no knowledge on Tax calculation. I had given the authority to my accountant to do Tax filling and had trusted him. Only yesterday I came to know that he had not filled for the complete earnings of my self employment

hi mate
i would suggest sort out your tax issues and go for AR

[bkapeed]

But tax issues cannot be sorted within 14 calendar days.

Will fresh application after tax amendments be accepted ?

[Casa]

But tax issues cannot be sorted within 14 calendar days.

Will fresh application after tax amendments be accepted ?

According to previous reports from members on the forum, and approval after amendments can't be guaranteed.

[Manigee]

With all due respect, I'm self employed and would certainly be aware of whether I'd earned £26,100 or £15,057. Actually a difference of £11,043

any update on your case please share

[noajthan]

@Manigee, this topic is now a near meaningless jumble of posts from different people, many of whom have not been active for some time.

Not sure which of them you're asking for an update; if someone had one they would have posted it.

[Casa]

With all due respect, I'm self employed and would certainly be aware of whether I'd earned £26,100 or £15,057. Actually a difference of £11,043

any update on your case please share

I don't have 'a case'! I'm a moderator advising in the thread and you appear to have completely misunderstood my comment. As fellow moderators Noajthan has said, this thread has become a complete jumble.

[bkapeed]

There is no update in my case.

I came to know that my previous accountant had made a mistake, inadvertently used another client's data.
So i am making amendments now.

I have not yet decided whether to go for another fresh application or not after amendments.

[shaffa2629]

There is no update in my case.

I came to know that my previous accountant had made a mistake, inadvertently used another client's data.
So i am making amendments now.

I have not yet decided whether to go for another fresh application or not after amendments.

You 14 days must be expiring tomorrow I guess, what is your plan ahead? I am in the same situation.

[usernew123]

@shaffa2629 I am in the same situation. Please feel free to get in touch to discuss. My contact details are in my profile.

[protagonist8]

once you get ar relpy send PAP

[Prolay]

But tax issues cannot be sorted within 14 calendar days.

Will fresh application after tax amendments be accepted ?

@bkapeed , sorry to hear about your problem. Have u made fresh application ? Have got amended SA302 from HMRC?
I sent my amend on 30/04/2016 & went to Croydon PEO on 24/05/2016 for SET(LR)- ilr, got refusal. Do not know what to do, got a 28 month sons ,Completely broke.
Some lawyer are saying to make fresh application / some saying appeal .But without the amend from HMRC , i do not see any point. Does anyone know how to get the amend quickly from HMRC? pls help.

Please let me know if anyone here know good lawyer who are dealing / dealt with thi type of case & got +ve result.

[Immigrantshimmigrant]

have you been refused on deception? If so then your priority should be to get rid of this allegation. Any new application will also be refused on the same reason. I do not think having completed amendments will change anything for a new application as many people on this forum have been refused even after completed amendments.

[Prolay]

@ Immigrantshimmigrant, thanks for your response . They used "dishonest", How could I get rid of the allegation other than getting amend done pay HMRC. Now there is other dilemma some lawyer are saying I should appeal now & some saying amend-->fresh application -->if rejected then appeal. Does anyone know if I make fresh application SET (LR) b4 my current leave expire , & home office decide to refuse again , would they give me right to appeal ? pLease help.

[shanuk]

Dear All,

Please provide details on below link:

http://www.immigrationboards.com/indefi ... l#p1359302

Thanks