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Tier1 General ILR Refusal (Urgent)

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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shanuk
Junior Member
Posts: 79
Joined: Sun Sep 08, 2013 11:28 am

Re: Tier1 General ILR Refusal (Urgent)

Post by shanuk » Fri May 13, 2016 3:52 pm

You are correct. Excuse me as it is out of my frustration

kirankhalil75
Junior Member
Posts: 65
Joined: Sun Jan 10, 2016 2:45 am

Re: Tier1 General ILR Refusal (Urgent)

Post by kirankhalil75 » Fri May 13, 2016 4:44 pm

HI shanuk

Sorry to heard about your refusal, could you please tell us what exact refusal is saying...

we might can help you in more detail......

shanuk
Junior Member
Posts: 79
Joined: Sun Sep 08, 2013 11:28 am

Re: Tier1 General ILR Refusal (Urgent)

Post by shanuk » Sun May 15, 2016 1:37 am

Grounds on which leave to remain and variation of leave to enter or remain in the United Kingdom are to be refused:

(5)The undesirability of permitting the person concerned to remain in UK in the light of his conduct (including convictions which do not fall within paragraph 322(1C), character or associations or the fact that he represents a threat to national security;
In regards to your application you submitted on 11/2013 for leave to remain in UK as Tier 1 (General) Migrant checks were made with HMRC, if evidence that you submitted confirms your earnings.

In your application made on 11/2013 you claimed £38000 self-employed earnings for the period of 11/2012 to 10/2013 from self-employment limited company. The SA 302 for 2012,2013,and 2014 submitted and our records show that you claimed earnings for self-employment to HMRC as £ 1320, £ 8300 and £ 8000 for tax years 2011/2012, 2012/13 and 2013/14. (Please note that for my extension I had provided 2 sources of earnings salary+dividends, £7000+£31000 which were spreaded over 2 self-assessments 2012/13 and 2013/14. Above mentioned figures by case worker are not from self-employment rather they are from employment as a director and there were dividends of £31000 in provided SA302 below my employment income which were been ignored).
Based on the above information the secretary of state is satisfied that you have deliberately claimed higher earnings to the Home Office for the purpose of obtaining leave to remain, meaning you would have failed to meet the required points to be granted the leave and your application would have been refused.

The secretary of state considered that it would be undesirable for you to remain in the UK based on the fact that you have been deceitful or dishonest in your dealings with HMRC and UK visas and immigration by failing to declare your claimed self-employed earning to HMRC at the time and by falsely representing your self-employed income to obtain leave to remain in the UK.

It is acknowledged that Paragraph 322(5) of the immigration rules is not a mandatory refusal, however the evidence submitted does not satisfactorily demonstrate that the failure to declare to HMRC at the time any of the self- employed earnings declared on your previous application for leave to remain in the UK as Tier (General ) Migrant was a genuine error. It is noted that there would have been a clear benefit to yourself either by failing to declare your full earnings to HMRC with respect to reducing your tax liability or by falsely representing your earnings to UK Visas & Immigration to enable you to meet the points required to obtain leave to remain in the UK as Tier 1 (General) Migrant.

It is not considered a credible that a registered accountant would submit a self-assessment tax return declaring earnings which are considerably lower/or not declaring the earnings at all than the actual amount you claimed on your application.it was your responsibility to ensure that your tax returns was submitted on time with the correct information and by failing to do so it is considered that you have been deceitful or dishonest in your dealings with HMRC.

Your Application for indefinite for ILR as a Tier 1 (General) Migrant is therefore refused under Paragraph 245CD as you have failed to meet the requirements Of paragraph 245CD (b) &(g) with reference to paragraph 19(i) (j) (iv) and 322(5) of the immigration Rules.

shanuk
Junior Member
Posts: 79
Joined: Sun Sep 08, 2013 11:28 am

Re: Tier1 General ILR Refusal (Urgent)

Post by shanuk » Sun May 15, 2016 9:26 am

Dear All,

Please waiting for your comments.

Thanks

nethu82
Newbie
Posts: 37
Joined: Thu Mar 31, 2016 12:59 pm

Re: Tier1 General ILR Refusal (Urgent)

Post by nethu82 » Sun May 15, 2016 10:12 am

It is quite confused about your refusal reasons. Is it refused because of current year dividends doesn't match with claim amount or previous dividends doesn't match or self tax return amendments?

shanuk
Junior Member
Posts: 79
Joined: Sun Sep 08, 2013 11:28 am

Re: Tier1 General ILR Refusal (Urgent)

Post by shanuk » Sun May 15, 2016 10:27 am

nethu82 wrote:It is quite confused about your refusal reasons. Is it refused because of current year dividends doesn't match with claim amount or previous dividends doesn't match or self tax return amendments?
There is a straight reason they have mentioned that incomes are low.

Income showed low as they did not included my dividends earnings which are there in SA302.

(THEY DID NOT ADDED MY DIVIDEND EARNINGS WHICH WERE PART OF MY PREVIOUS EXTENSION AND REFLECTING IN SA302 TOO)

Abc499
Member
Posts: 226
Joined: Sat Apr 30, 2016 9:12 pm

Re: Tier1 General ILR Refusal (Urgent)

Post by Abc499 » Sun May 15, 2016 10:56 am

(with my little knowledge and from my understanding)

In the HO letter:
"In your application made on 11/2013 you claimed £38000 self-employed earnings for the period of 11/2012 to 10/2013 from self-employment limited company. The SA 302 for 2012,2013,and 2014 submitted and our records show that you claimed earnings for self-employment to HMRC as £ 1320, £ 8300 and £ 8000 for tax years 2011/2012, 2012/13 and 2013/14. (Please note that for my extension I had provided 2 sources of earnings salary+dividends, £7000+£31000 which were spreaded over 2 self-assessments 2012/13 and 2013/14. Above mentioned figures by case worker are not from self-employment rather they are from employment as a director and there were dividends of £31000 in provided SA302 below my employment income which were been ignored). "

#what I understand that SA302 usually include all the incomes (salaried, self employment all), its the return that we submit and on the return we need to add all our incomes salaried, self-employed all incomes. So if your provided SA302 says £ 1320, £ 8300 and £ 8000 for three years then it is very much possible that case worker can think this is all you income during this period. what you are thinking that self-assessment income is on top of SA302 and generally case worker should think that way! probably it is not.

#(THEY DID NOT ADDED MY DIVIDEND EARNINGS WHICH WERE PART OF MY PREVIOUS EXTENSION AND REFLECTING IN SA302 TOO)- is that your accountant SA302 calculation ??? or HMRC SA302?

# what I think may be you have corrected the self-employed income and update it to HMRC but SA302 remain same as the for later update they are not updating the SA302.

# In general we try to show that we are correct and we are right but if we try to show it here then it will not help on our visa and we need to show that to case worker. you did not mention clearly 11/2013 claim of 38K what was before and what was after amendment and what is the HMRC document for this which shows this income (I know its between two year but what is the HMRC document shows this)

# I believe here everyone discuss and try to help others voluntarily if they can so please don't be angry its not always we know everything, if you could mention more clearly what is the document you provide against the 38K then it will be much better for everyone to help that how effective the claim could be establish.

# Why AR is mostly negative are the case worker error free?- I think AR is not something they reconsider the full application its most likely they simply see on the ground a case worker refuse the application, case worker ground valid or not. yes if we paid the tax and have strong ground then probably we will get positive decision in JR. Even case worker can refuse an application if it seems to them that this income does not look genuine (even though tax paid)


(I'am applying end of this month. I amend 2011 return in 2013 but SA302 HMRC will not update, so Im scared that they will tell me the same. I will add the revised tax calculation with application)

devdl
Newly Registered
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Joined: Sat Apr 30, 2016 12:32 pm

Re: Tier1 General ILR Refusal (Urgent)

Post by devdl » Sun May 15, 2016 11:27 am

@shanuk
Don't worry u r not the one there r so many people in same boat
Ar vill be negative for sure but in pap all cases vill be through if not Jr definitely home office vill be in trouble for geneune cases if u have a spare money just fight u vill win in Jr

esatuma
Newly Registered
Posts: 1
Joined: Fri Aug 05, 2016 12:25 pm

Re: Tier1 General ILR Refusal (Urgent)

Post by esatuma » Fri Aug 05, 2016 2:02 pm

shanuk wrote:
nethu82 wrote:It is quite confused about your refusal reasons. Is it refused because of current year dividends doesn't match with claim amount or previous dividends doesn't match or self tax return amendments?
There is a straight reason they have mentioned that incomes are low.

Income showed low as they did not included my dividends earnings which are there in SA302.

(THEY DID NOT ADDED MY DIVIDEND EARNINGS WHICH WERE PART OF MY PREVIOUS EXTENSION AND REFLECTING IN SA302 TOO)
Any update on AR shanuk? I have the same case and have applied for Ar.

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