Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
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Moon84
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by Moon84 » Thu Oct 06, 2022 4:13 pm
I came in UK 2006 on student visa then PSW then tier 1. I have tax amendment 2010-11 and all taxes been paid. In2016 I applied Indefinite leave to remain on Set LR which I varied in 2017 on FLR FP because of tax issue and I been granted 2 year leave under 10 year lawfully residence because that time my daughter was not 7 years old and they not put 332 5 deception on me. I applied again FLR FP after the expiry of my visa and been granted 30 months leave. Now I want to apply again Indefinite on Set LR. Will 2010-11 tax amendment still affect my ILR. I have no gaps in my 16 years history.
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Moon84
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by Moon84 » Thu Oct 06, 2022 6:59 pm
Anybody interested to answer my question.
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contorted_svy
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by contorted_svy » Thu Oct 06, 2022 8:27 pm
When did you regularise your position with HMRC?
All advice comes from personal research and experience and should not be regarded as professional opinion.
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CR001
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by CR001 » Thu Oct 06, 2022 8:35 pm
contorted_svy wrote: ↑Thu Oct 06, 2022 8:27 pm
When did you regularise your position with HMRC?
It is a known tactic used by the previous tier 1 general visa holders to inflate their income for and to meet visa requirements and purposes and then declare losses to HMRC reducing their "claimed" income often by more than half or 2/3 of what was declared to ukvi to reduce tax liability. There have been many court cases as the majority of cases were refused ILR due to deception and false representation.
Char (CR001 not Casa)
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contorted_svy
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by contorted_svy » Thu Oct 06, 2022 8:37 pm
yes I am aware, I thought that regularising would mean that the requirement is then fulfilled and there is no more false representation, but please correct me if I am wrong.
All advice comes from personal research and experience and should not be regarded as professional opinion.
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CR001
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by CR001 » Thu Oct 06, 2022 8:43 pm
contorted_svy wrote: ↑Thu Oct 06, 2022 8:37 pm
yes I am aware, I thought that regularising would mean that the requirement is then fulfilled and there is no more false representation, but please correct me if I am wrong.
No it does not, there was very clear misrepresentation. Migrants lied to gain a visa and were refused ILR for deception. As it should be and is exactly why this visa route was closed down.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.
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Moon84
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by Moon84 » Thu Oct 06, 2022 9:22 pm
CR001 wrote: ↑Thu Oct 06, 2022 8:43 pm
contorted_svy wrote: ↑Thu Oct 06, 2022 8:37 pm
yes I am aware, I thought that regularising would mean that the requirement is then fulfilled and there is no more false representation, but please correct me if I am wrong.
No it does not, there was very clear misrepresentation. Migrants lied to gain a visa and were refused ILR for deception. As it should be and is exactly why this visa route was closed down.
Could you please answer my question that 2010-11 tax amendment still affect my ILR if I apply now. I amended in 2016.
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contorted_svy
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by contorted_svy » Thu Oct 06, 2022 9:27 pm
I would argue that misrepresentation ended in 2016 and therefore your clock got reset then.
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Moon84
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by Moon84 » Thu Oct 06, 2022 9:48 pm
contorted_svy wrote: ↑Thu Oct 06, 2022 9:27 pm
I would argue that misrepresentation ended in 2016 and therefore your clock got reset then.
It's mean that 2010-11 amendment not affect me if I apply now. As I know when you apply long residency UKVI consider last ten years in Set LR.
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contorted_svy
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by contorted_svy » Thu Oct 06, 2022 10:10 pm
until 2016 you were misrepresenting, so I wouldn't include that period in your application.
All advice comes from personal research and experience and should not be regarded as professional opinion.
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Moon84
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by Moon84 » Thu Oct 06, 2022 10:17 pm
contorted_svy wrote: ↑Thu Oct 06, 2022 10:10 pm
until 2016 you were misrepresenting, so I wouldn't include that period in your application.
Thanks for your reply
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zimba
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by zimba » Fri Oct 07, 2022 1:01 pm
Moon84 wrote: ↑Thu Oct 06, 2022 4:13 pm
I came in UK 2006 on student visa then PSW then tier 1. I have tax amendment 2010-11 and all taxes been paid. In2016 I applied Indefinite leave to remain on Set LR which I varied in 2017 on FLR FP because of tax issue and I been granted 2 year leave under 10 year lawfully residence because that time my daughter was not 7 years old and they not put 332 5 deception on me. I applied again FLR FP after the expiry of my visa and been granted 30 months leave. Now I want to apply again Indefinite on Set LR. Will 2010-11 tax amendment still affect my ILR. I have no gaps in my 16 years history.
Your last 10 years cannot include any period you held visa as Tier 1G migrant
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
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Moon84
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by Moon84 » Sat Oct 08, 2022 1:00 pm
Moon84 wrote: ↑Thu Oct 06, 2022 4:13 pm
I came in UK 2006 on student visa then PSW then tier 1. I have tax amendment 2010-11 and all taxes been paid. In2016 I applied Indefinite leave to remain on Set LR which I varied in 2017 on FLR FP because of tax issue and I been granted 2 year leave under 10 year lawfully residence because that time my daughter was not 7 years old and they not put 332 5 deception on me. I applied again FLR FP after the expiry of my visa and been granted 30 months leave. Now I want to apply again Indefinite on Set LR. Will 2010-11 tax amendment still affect my ILR. I have no gaps in my 16 years history.
Hi Obie,
Could you please give ur opinion. Thanks