Private life Application - After ILR rejection on Section 322.5 Tax Amendment Issue

[smir]

Hi All
This a genuine query for my friend who has lost hope and not stable to post, so I am posting on his behalf and it might help others.


History

1. Came this country as a student visa In 2007 after I applied PSW which approved by home office.after two years applied tier 1 general visa in 2011.

2. Approved by home office in 2011. After two years extended tier 1 general visa for next three years. It's also approved by home office.

3. But when I got tier 1 visa in year 2011 I forgot to return my tax because of some family issues. So I contacted HMRC in 2015 and HMRC amend my tax of year 2011.


4. Now when I completed five years on tier 1 general visa so I applied my ILR on set(o) in year 2016.

But I haven't received any response from home office till 2017 .and this time I completed 10 years in UK so I vary my application on 10 years route.on Set(LR). In January 2018.

5. In January 2019 I received my refusal letter from home office. Reason is .I didn't return my tax on time.....I studied accounting from India I supposed to know I have to submit tax during that time.


6. I told them I studied in India in year 2002. If I am good in accounting why should I hired accountant here ..I was depending on accountant that time...plus I have some family issues.

7. Next thing my accountant closed his firm ..and he didn't reply me at all...but I don't have any evidence regarding that accountant was my actual accountant.


8. I got appeal rights so I been to FTT and we provide all documents and evidence what happened in year 2011 why I amend my tax return.. but I don't have any evidence from accountant my case was refused in FTT..judge asked is there anything from accountant and he said I studied accounting so I supposed to know about taxation I said Indian and UK taxation is different and I never work as a accountant in UK or India ....

9. But end of the day my FTT was refused and I have another appeal rights to UTT same thing happened in UTT judge accept FTt judgement and they refused me again.

10. I applied for the permission in Court of appeals ...last year and they didn't give me permission . court of appeal approved FTt judgement as well.

11. I paid my tax with interest.but home office is not happy with that....home office gave me dishonest to me in section 322.5


Now all rights are exhausted and I am applying on Private life this week.

I have completed total 13 years in this country

What are chances of getting it please and what other options are available please guide

God bless and ease for all

[Kaykash]

Sorry to read all that

U completed 13 years already ,make fresh file for established life in uk on human right basis u have very good chance to get further leave to remain

[smir]

Thanks

Seniors moderators please throw some light

[TODMATT]

Thanks

Seniors moderators please throw some light

Any children?

[smir]

No brother

[smir]

Moderators Senior rs Experienced people

Please help this poor guys

Throw some light

What chaNce they have to get FLR FP ?


What else other documents and facts they can add so that they may have better chance to get FLR FP please


They are in dire need of help


From my Friend

I” am applying flr fp visa on private life i completed 13 years in UK ..my case dismissed form court of appeals now what's best thing for me to get flr fp visa....my fft and UTT refused because of tax amendment I don't have any evidence to shy the court that my accountant made the mistake so that affect on me court of appeals as well . Now court of appeal refused my permission and I am going to apply flr fp on 13 years stay in UK .. without breaching any law..so what's the chance for me

Now I am divorced and wife too left India after all this hassle “

[TODMATT]

Moderators Senior rs Experienced people

Please help this poor guys

Throw some light

What chaNce they have to get FLR FP ?


What else other documents and facts they can add so that they may have better chance to get FLR FP please


They are in dire need of help


From my Friend

I” am applying flr fp visa on private life i completed 13 years in UK ..my case dismissed form court of appeals now what's best thing for me to get flr fp visa....my fft and UTT refused because of tax amendment I don't have any evidence to shy the court that my accountant made the mistake so that affect on me court of appeals as well . Now court of appeal refused my permission and I am going to apply flr fp on 13 years stay in UK .. without breaching any law..so what's the chance for me

Now I am divorced and wife too left India after all this hassle “

I would suggest you should seek for legal representation on this issue or wait for other gurus to comment. FLR FP is a difficult one because the requirement to be put under private life requires you to have lived in the UK for 20 years unless you can show to the caseworker that you will find it hard to move back to your country.

[Frontier Mole]

Examination of this post and the other related thread leads me to think that given your circumstances there is little hope of you being granted leave.

From your own statements you are single, appear to have little or no ties to the UK, have a history of tax evasion/ false declaration, are without any form of leave and seeking to apply for a grant of leave that you do not qualify for.

Three attempts to overturn your ILR refusal have amounted to nothing, your credibility is trashed and despite HMRC acceptance of your re-writing of your tax history the Home Office can legitimately claim you knowingly made false declarations at the time.

There is no golden documentation that will overcome your circumstances, a legal representative will be able to concoct an application that will be considered ( it has to be) but will almost certainly be refused.

You are attempting to seek to remain through another path. In my opinion you are applying for leave in a spurious attempt to remain in the UK. The Home Office will see it for what it is and no doubt class it as frivolous and vexatious with the outcome of it being labelled as deliberately attempting to frustrate immigration control.

You have nothing to lose by applying, it with get you more time in the UK but expect a much harsher outcome going forward.