30th Mar 2012 ILR SET (O). Can any senior advise please.

lahore2664 · Post by **lahore2664** » Wed May 23, 2012 3:36 pm

applied for ILR Set O on 30th mar 2012 but turned away because they couldn't make decision and gave me further enquiry letter.

Today I received letter from UKBA and they have requested for two things.

Marriage and Employment History confirmation with HMRC

Marriage:

They have asked to provide them date and place when I got married, though they have my wedding certificate.

My wife joined me as my dependant in 2010, same year we got married 9 months ago BUT the problem is when i came back from my country after getting married exactly four months into marriage, for some very strange reasons I applied for COA ( UK sponsor lady) for marriage and in the form I declared I was free to marry. Soon i realised it was my mistake. I pulled out my application before the application was decided and forgot. I then success full applied my wife's visa after this incident and she was granted Visa as my dependant and now I applied applied a joint ILR application with her. When I pulled out the COA application, I told them I am married already with my fiance and they assumed the UK sponsor, infact I meant otherwise but could not explain as I was also worried to reveal the truth. Now UKBA has asked why did I marry when I was already married etc. I know this is confusion but what would happen now? If i tell them the above.

Employment History confirmation with HMRC

Second request is about my last 5 years HMRC summary of earning. I provided them 3 P60's but two years were missing. The reason was I didnt not want to give it to them. My job designation is Client Accountant as per WP and I was based at client for almost 2 years during this 5 years period in 2009 and 2010 and client of my employer processed my salary, mean taxes for those two years were paid through their payroll. This actually should have been paid by my WP employer. My employer was happy because he was saving Employer NI contribution but I raised the matter in the start 2011 and rectified subsequently and since then for almost 15 months my taxes are in line with my current employer as per WP.

I have spoken to my employer and the client ( my secondment for two years) who processed my payroll and they are happy to confirm the same to HMRC to correct their records. Is it possible to revise it?

They have asked to reply within 14 days.

What shall I do? To withdraw the application or let them decide? Will a refusal affect my existing visa.

I am patrified.

Post by **geriatrix** » Wed May 23, 2012 4:02 pm

lahore2664 wrote:applied for ILR Set O on 30th mar 2012 but turned away because they couldn't make decision and gave me further enquiry letter.

Today I received letter from UKBA and they have requested for two things.

Marriage and Employment History confirmation with HMRC

Marriage:

They have asked to provide them date and place when I got married, though they have my wedding certificate.

My wife joined me as my dependant in 2010, same year we got married 9 months ago BUT the problem is when i came back from my country after getting married exactly four months into marriage, for some very strange reasons I applied for COA ( UK sponsor lady) for marriage and in the form I declared I was free to marry. Soon i realised it was my mistake. I pulled out my application before the application was decided and forgot. I then success full applied my wife's visa after this incident and she was granted Visa as my dependant and now I applied applied a joint ILR application with her. When I pulled out the COA application, I told them I am married already with my fiance and they assumed the UK sponsor, infact I meant otherwise but could not explain as I was also worried to reveal the truth. Now UKBA has asked why did I marry when I was already married etc. I know this is confusion but what would happen now? If i tell them the above.

Employment History confirmation with HMRC

Second request is about my last 5 years HMRC summary of earning. I provided them 3 P60's but two years were missing. The reason was I didnt not want to give it to them. My job designation is Client Accountant as per WP and I was based at client for almost 2 years during this 5 years period in 2009 and 2010 and client of my employer processed my salary, mean taxes for those two years were paid through their payroll. This actually should have been paid by my WP employer. My employer was happy because he was saving Employer NI contribution but I raised the matter in the start 2011 and rectified subsequently and since then for almost 15 months my taxes are in line with my current employer as per WP.

I have spoken to my employer and the client ( my secondment for two years) who processed my payroll and they are happy to confirm the same to HMRC to correct their records. Is it possible to revise it?

They have asked to reply within 14 days.

What shall I do? To withdraw the application or let them decide? Will a refusal affect my existing visa.

I am patrified.

1. If I understand it correctly, in effect, you were married already to a person from back home but still submitted a COA application to marry a "UK sponsor lady" for some strange reason. It is no surprise that UKBA wants to get to the bottom of that "some strange reason"!

Since only you know the strange reason, only you know the explanation of why.

2. In effect, you submitted a settlement application being fully aware for 2 years it wasn't your employer paying your salary but the client and also not fulfilling regulatory requirements related to your employment, and hoped that it may not be noticed. Unfortunately, it has been.

Have the taxes and NI contributions, if any were due for the period in question, by your employer been paid to HMRC? If so, request a employment / tax history from HMRC and send it to UKBA. Request UKBA / casweworker to grant you some more time for you to arrange these documents from HMRC.

lahore2664 · Post by **lahore2664** » Wed May 23, 2012 4:08 pm

Many thanks Sir.

Strange reason is that I was of a view that I was free to marry in UK as my original marriage was not registered in the UK. I only wanted marry and register it as we muslim are allowed to marry more than one, sound funny but that time I was thinking this way. I knew it was a bad advise. I then realised that it was my mistake and I wanted to bring in UK to join me. I pulled out the application. I did not get any benifit from this infact I withdrew application. After that I succesffuly applied my wife's visa.

Please last time, do you think I have a case to go to a lawyer or simply wait for a refusal?

I will also speak to my employer to sort out taxes issue.

Can you please advise if this will affect my current visa or any future visa if i never apply for ILR due to this issue? I really do not want to leave UK after 6 years in this beautiful country.

Many thanks for your time

Post by **geriatrix** » Wed May 23, 2012 4:35 pm

lahore2664 wrote:Many thanks Sir.

Strange reason is that I was of a view that I was free to marry in UK as my original marriage was not registered in the UK. I only wanted marry and register it as we muslim are allowed to marry more than one, sound funny but that time I was thinking this way. I knew it was a bad advise. I then realised that it was my mistake and I wanted to bring in UK to join me. I pulled out the application. I did not get any benifit from this infact I withdrew application. After that I succesffuly applied my wife's visa.

Please last time, do you think I have a case to go to a lawyer or simply wait for a refusal?

I will also speak to my employer to sort out taxes issue.

Can you please advise if this will affect my current visa or any future visa if i never apply for ILR due to this issue? I really do not want to leave UK after 6 years in this beautiful country.

Many thanks for your time

Whether your application will be approved or refused depends on the response and explanation you provide to UKBA's requests in the stipulated timeframe.

If your employer is yet to sort of the tax issues, it may not be possible for you to arrange for the HMRC document and send it to UKBA in time. UKBA may not wait indefinitely for you to send them what they have asked for.

Unlikely, but whether any of these incidents will have any affect on your current leave or any future application depends on whether UKBA accuses you of doing something that may fall within the purview of general grounds of refusal / curtailment (Part 9).

joh892 · Post by **joh892** » Wed May 23, 2012 4:36 pm

lahore2664... Strange, strange, strange. Well, I sympathise with you in this situation but it goes to show we should be ready to face the results of our actions.

I think in relation to marriage, seek professional advise from an immigration lawyer sooner than later. Ensure you disclose all the facts, and those 'strange' reasons that made you apply for (COA). The lawyer can then advice on the best course of action.

Regarding your taxes, it again sounds strange that the workpermit was issued for you to work for a specific employer, yet you worked for a different company that paid your salary. Again something fishy here. I think you need to speak to your employer(s) to write to UKBA explaining the situation including providing any contract or agreements between the company to which your WP is tied and any companies/clients to which they second their employees. In addition you can obtain HMRC employment history to show income tax was paid in respect of your earnings. This may help but the fact that a work permit ties you to the company that sought it, and you went ahead to work for a different employer does not sound good.

Post by **linkers** » Wed May 23, 2012 4:50 pm

Only 1 of these reasons alone is enough for them to refuse your ILR and you have given Home Office 2 solid reasons to refuse your application.

I would suggest you seek professional advice and don’t deal it yourself.

What I can think of about your ‘strange reason’ for applying COA in UK was that you were not confident that you will get ILR based on your WP (as you never worked for your actual employer and your case was dodgy) and you thought of getting ILR by marrying someone in UK. Then you changed your mind as you realised that if you get ILR by marrying someone in UK, you will never be able to bring your wife from back home.

As other senior members have suggested, you need to seek professional advice without wasting any further time.

Post by **linkers** » Wed May 23, 2012 5:25 pm

I remember replying to your posts few months ago. I thought if Home Office had issued visa to your wife from back office, then you managed to get away with it and you won’t have any issues at the time of ILR.

But looks like they have found out about your COA now. You still have chances but you need to seek professional advice. You need to prove that you got COA as your religion allows more than 1 marriage and you later withdrew your application as soon as you realised that UK doesn’t allow 2 marriages and you already a wife back home. You also need to justify your WP salary issue.

Post by **Greenie** » Wed May 23, 2012 5:35 pm

linkers wrote:Only 1 of these reasons alone is enough for them to refuse your ILR and you have given Home Office 2 solid reasons to refuse your application.

I would suggest you seek professional advice and don’t deal it yourself.

What I can think of about your ‘strange reason’ for applying COA in UK was that you were not confident that you will get ILR based on your WP (as you never worked for your actual employer and your case was dodgy) and you thought of getting ILR by marrying someone in UK. Then you changed your mind as you realised that if you get ILR by marrying someone in UK, you will never be able to bring your wife from back home.

As other senior members have suggested, you need to seek professional advice without wasting any further time.

Linkers, it's interesting that when the OP asked about his withdrawn CoA application previously, you were of the view that it would not be any problem with his ILR

linkers wrote:lahore2664: even then I don’t think so you will have any issue. If Home Office had anything against you in their system, they would have never issued your wife a dependant visa from Pakistan.

Giving your wife the dependant visa is actually an assurance that you will not have any issues at the time of ILR.

lahore2664 i notice you spent a lot of time complaining about the fact that your application was held back alongside people who were delayed due to biometric failure when your application was held back for an entirely different reason - even trying to organise a group protest!

As others have suggested you should seek advice on your application urgently.

Post by **linkers** » Wed May 23, 2012 5:43 pm

Greenie: You are right. I was always very confident that if Home Office had any thing against him, they would have never issued visa to his wife to come to UK in the first place.

It’s strange that they didn’t find out about it and issued the visa to his wife at that time.

Smam · Post by **Smam** » Wed May 23, 2012 6:57 pm

Hi Lahore2664,

Well to be honest with you it didn't looks that hard to me just consult some good lawyers they're going to charge you a hefty amount of money but they'll help you in sorting your case out in a timely and a professional manner and try to bring as many documents as you can to support your case that's all I can say.

Freguson and Snell and Smith Stones and Walters are amongst one of the top Immigration Law Firms I know personally they're really good and mostly deal with corporate cases.

I'll highly recommend you that dont proceed with your case on your own any more and go for the Professional advice.

Good luck for your ILR.

lahore2664 · Post by **lahore2664** » Wed May 23, 2012 10:48 pm

Thanks everyone. I know I made mistakes, but i did not benefit from any of my actions. Never been over stayer, never been refused for any visa. obtained three work permits/ FLR's. If i explain about my marriage confusion and provide them last five year summary of earnings and also attach employer's confirmation that two year tax is to be sorted. do you think i have a chance?

In the letter received today it says the application may be refused if I do not provide the documents asked based on 322(9) failure by an applicant to produce within a reasonable time information, documents or other evidence required by the Secretary of State to establish his claim to remain under these Rules;

In this case will they only refuse my application? or will that affect my current visa? My current visa is still valid for one year and few months.

Many thanks

cs95tdg · Post by **cs95tdg** » Wed May 23, 2012 11:05 pm

lahore2664 wrote:Thanks everyone. I know I made mistakes, but i did not benefit from any of my actions. Never been over stayer, never been refused for any visa. obtained three work permits/ FLR's. If i explain about my marriage confusion and provide them last five year summary of earnings and also attach employer's confirmation that two year tax is to be sorted. do you think i have a chance?

In the letter received today it says the application may be refused if I do not provide the documents asked based on 322(9) failure by an applicant to produce within a reasonable time information, documents or other evidence required by the Secretary of State to establish his claim to remain under these Rules;

In this case will they only refuse my application? or will that affect my current visa? My current visa is still valid for one year and few months.

Many thanks

As suggested by many others I too would recommend that you seek professional advise without delay as you are now running against a 14 day time window to respond to the UKBA.

Post by **geriatrix** » Thu May 24, 2012 9:44 am

lahore2664 wrote:In this case will they only refuse my application?

Under 322(9), that is all that they can do - refuse an application.

lahore2664 · Post by **lahore2664** » Thu May 24, 2012 1:03 pm

Thanks everyone.

I have discussed the matter with few lawyers and most of them advised to pull out application and sort out my matters and the make a fresh application. What number i can call and what reason if they ask? Will they be curious on my withdrawel ? How quickly I can get those documents.

What is the number to call for withdrawel?

Please can anyone help?

Can I collect from Croydon PEO in person?

Post by **geriatrix** » Thu May 24, 2012 1:07 pm

Requests for the return of documents

lahore2664 · Post by **lahore2664** » Thu May 24, 2012 3:21 pm

I have withdrawen and hope I get the passports back by 30th so I can tarvel and attend my brother's wedding.

That will be a relief.

I hate this ILR word and dont want to hear this anymore for sometime..

Post by **geriatrix** » Thu May 24, 2012 3:24 pm

lahore2664 wrote:hope I get the passports back by 30th

30-May? ... 5 working days .... (highly) unlikely.

If you do, you'll be one of those very rare lucky ones.

innocentdevil · Post by **innocentdevil** » Thu May 24, 2012 3:27 pm

sushdmehta wrote:
lahore2664 wrote:hope I get the passports back by 30th
30-May? ... 5 working days .... (highly) unlikely.

If you do, you'll be one of those very rare lucky ones.

be surprised to even get ack from UKBA by 30th

Post by **vinny** » Sat May 26, 2012 2:39 am

lahore2664 wrote:I have withdrawn my ILR application after I received letter from UKBA requiring more info within 14 days. Lawyer advised to withdraw as I could not supply documents and I thought it as opportunity to withdraw and get the PP back so that I could travel to attend my brother's wedding.

When I called y'day, they said my file is at Croydon and someone will call you in couple of days to come and pick it up from there. Do you think someone will call me lastest by next week tuesday/wednesday.

I read somewhere that I should approach my MP?

Why on earth they cannot return documents within a week when they are doing nothing after eating out my fee?

Can anyone please advise what should I do? This is very important i get the documents by thursday next week..

Please anyone with any tips? I am going nuts at the moment.

Post by **geriatrix** » Mon May 28, 2012 11:40 am

lahore2664 wrote:Following my application ILR SET O - The question was asked about my wedding and why did i apply for COA to marry a british lady after I was married in Pak.

The Good thing, I withdrawn COA before decison was made saying I was already married according my faith so do not want to go ahead with the marriage.

The bad thing is, when i completed the form, i declared myself free to marry in the UK and that never been married before, i was advised to declare my UK status. Though I pulled out the application as soon as I was aware the fact that the application was incorrectly filled.

Another good news, after withdrawing COA I succesfully applied my wife's dependant visa and she is in UK with me.

Last bad news, I applied ILR recently and they raised this question coupled with another one. UKBA asked explain it and why did you say you are married islamically with the sponsor at the time of withdrawel. I do not remember but i guess I meant my actual wife who I married before applying COA. This is mix up. They asked it and I had to reply within 14 days and other information about taxes from HMRC was not possible to obtain in 14 days so I opted to pull out application as I still have more than 1 year on my visa because I have to urgently travel to attend my brother's wedding.

There is an issue with my taxes for two years and my wmployer is sorting this out for that two years.. Hope thsi will be ok.

Question is, if I explain above about my wedding. . am I safe?

Anyone with same issue or similar issue?

I never got this COA processed and I never married any other woman other than my wife. Please guys, any help....

Really appreciate it. Thanks

Post by **geriatrix** » Mon May 28, 2012 12:03 pm

Whether you will be safe (if you are not, now) depends on the reasons and explanations you provide ... and whether UKBA is convinced with such explanations.

Only you know why you did what you did .. and only you can provide a plausible explanation. As has been suggested before, consult a competent solicitor for further course of action, if any is required, in the matter.

IMHO, you have been making mistakes one after the other:
1. Applying for CoA when you were already married, without enquiring about polygamy in UK.
2. Applying for settlement knowing that your employer has been avoiding paying tax on your income for a considerable period of time. Though you are not responsible for it, but you should have taken steps to ensure that the employer takes corrective measures before you apply for settlement.
3. Withdrawing settlement application when you know that UKBA suspects your previous actions. Withdrawing, rather than explaining, IMHO, will only raise the level of suspicion.

lahore2664 · Post by **lahore2664** » Mon May 28, 2012 12:09 pm

Thanks for your detailed answer.

I am totally cursing myself for being an utterly idiot but there must be a way out please. I know I have made mistakes but I did not break any rule. My employer is sorting this out now, though this may take months but I am quite hopeful it will be rectified. About marriage I am worried only as I have no other prrof to present to prove my innocence.

I only withdrawn on the phone that it will any way be refused, so why not pull out that I could , only may be, if i get the PP back so I could joing my brother on his wedding.

To be honest, I dont see any solicitor who is well knowledgeable to advise. I have been to three so far and they all looked clueless. Please do you know anyone who could truely advise me tell me if this is possible or should I leave the country asap, becuase there is no future for me here.

I am totally puzzelled and need your advice from your precious time.

Thanks so much in advance.

Post by **geriatrix** » Mon May 28, 2012 12:34 pm

lahore2664 wrote:I only withdrawn on the phone

Just to let you know - you cannot make a request for withdrawal on phone. It must be in writing.

So, given that you have only made such a request through phone ... your settlement application is still with UKBA .. still waiting for your response as requested by the CW.

Forget about attending your brother's wedding.

lahore2664 · Post by **lahore2664** » Mon May 28, 2012 12:43 pm

I called them first on Thursday on the number given and withdrawn it, they said someone will call me from UKBA to tel me when should I come to collect the documents. They did not mention to send something in writing. Oh my God, what is this pain I am in.. They never mentioned about written request.

So any lawyer I could go to and mention this again?

If its not withdrawn as you said, then if I involve my employer who confirms that he is sorting out taxes for that period in question and I explain about my stupidity about wedding, do you think I have chance.

I think I should forget about my brother's wedding. You are right..

Post by **geriatrix** » Mon May 28, 2012 12:48 pm

The IDI suggests that such a request must be in writing.

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30th Mar 2012 ILR SET (O). Can any senior advise please.

30th Mar 2012 ILR SET (O). Can any senior advise please.