ILR Refused due to Amendents

[tom.draper]

Hi All Guru's and members,

after a long and stressful wait for almost year and a half. I have received refusal for my ILR application yesterday.

application made: April 2016
complex case letter received: sept2016
questionnaire received : march 2017

my application details:

initial T1G application: March 2011, employed +self employed (tax amended)
extension: April 2013, Employed + self employed. (all taxes are up to date and no amendments)
IL application: employed (no tax dues)

I have only made amendments for the tax year 2010-2011. I have made the amendments prior to applying for my ILR.

H.O has given me refusal fro 2 reasons.

the first reason is
322(5), 245CD(b)
reason is for late amendments. and they think I'm a threat to national security.
I never had any criminal history or bad remarks ever since I've been in UK.

I require 80 points for my ILR. H.O has awarded 85 points. they don't have any issues with my current application. the issue is 2010-2011 amendments.

the second reason for refusal is:

245CD(c), 245CD(d)(ii) with reference to 245AAA(c).

during the periods of 12 April to 12 April 2016 I have been out of country for 3 times 73 in days total (49 working days). these were all part of my annual leaves and are all paid holidays.
my company holiday entitlement is 26 days per year+ can buy upto 4 days. (Holiday period is 1st Jan to 31Dec)

I had to travel because of my engagement and my wedding.

I'm well within the home office limit of 180 days per year. I have travelled a total of 185 days over my 5 year eligible period.

I have been given option to go for AR.
what are the possibilities of the outcome. any suggestions please.

if any thing goes wrong with AR. am I eligible to apply for Tier 2? my company is ready to sponsor me.

please suggest.

[brent123]

seems the they are scrutinising the 180 days requirement. As you do not go over your 180 days limit each 12 month, even if it is for personal reason, they should not refuse you on that basis. The reason they gave is not convincing.

[Casa]

Regarding the tax amendments, the Case Worker will have considered that you only declared the correct earnings to HMRC in order to obtain ILR. How close to your ILR application was the amendment made?

[tom.draper]

Hi Brent 123.

Thank You for your reply.

yes, don't know what home office thinks about the clause. this seems utterly unfair. i'm well within the set limits.

Hi Casa,

Thank you for your reply.

I have amended my returns 6 months prior to my ILR application. I know you've seen it all ..but I'm sure I'm not a threat to national security.

Can I apply for Tier 2 if my AR is also refused?

[tom.draper]

Hi all,

any suggestions please.

Will 322(5) cause an issue if I apply for Tier 2 if my AR is also refused ?

[Kent1234]

I m not an expert but suggest you to fight ur case via AR and if unlucky then JR to clear 322 (5) as it will impact on any other applications . You stand good chance to challenge HO in JR or might get positive result before. Get a expericed barrister help.

[tom.draper]

Thank You kent1234 for your reply,
So does that mean I cannot apply for any other category? in country or out of country? and for how long?

[sidsays]

Hi All Guru's and members,

after a long and stressful wait for almost year and a half. I have received refusal for my ILR application yesterday.

application made: April 2016
complex case letter received: sept2016
questionnaire received : march 2017

my application details:

initial T1G application: March 2011, employed +self employed (tax amended)
extension: April 2013, Employed + self employed. (all taxes are up to date and no amendments)
IL application: employed (no tax dues)

I have only made amendments for the tax year 2010-2011. I have made the amendments prior to applying for my ILR.

H.O has given me refusal fro 2 reasons.

the first reason is
322(5), 245CD(b)
reason is for late amendments. and they think I'm a threat to national security.
I never had any criminal history or bad remarks ever since I've been in UK.

I require 80 points for my ILR. H.O has awarded 85 points. they don't have any issues with my current application. the issue is 2010-2011 amendments.

the second reason for refusal is:

245CD(c), 245CD(d)(ii) with reference to 245AAA(c).

during the periods of 12 April to 12 April 2016 I have been out of country for 3 times 73 in days total (49 working days). these were all part of my annual leaves and are all paid holidays.
my company holiday entitlement is 26 days per year+ can buy upto 4 days. (Holiday period is 1st Jan to 31Dec)

I had to travel because of my engagement and my wedding.

I'm well within the home office limit of 180 days per year. I have travelled a total of 185 days over my 5 year eligible period.

I have been given option to go for AR.
what are the possibilities of the outcome. any suggestions please.

if any thing goes wrong with AR. am I eligible to apply for Tier 2? my company is ready to sponsor me.

please suggest.

You have good chance in JR like other suggested and in AR they might remove your out of country grounds.

Syed