Need help for my ILR appeal in upper tribunal.

[saaj2210]

Hello every one
I would like to discuss my case you gys and i need a genuine opinion,,
I was on hsmp since 2008 i applied for my ilr in 2013 for the same day service my application was kept on hold later i got the rejection letter stating when i extended my tier1 visa in 2011 i give the wrong financial figure to home office and a different figure to hmrc and paid less tax on my business transaction.
i went for appeal in lower tribunal before that i filed my revised tax return on my income but again my appeal is dismissed stating my current revised tax return is irrelevant and i deliberately filed the wrong tax at 2011.
I need expert opinion how to turn around this case in my side and what are my other options, in 2016 i will be completing my 10 years in uk.

[hsr1972]

@Saaj2210 : It was really sad to hear , Can you tell us what was your situation when you applyied were you Self-Employed or Employed at the time of applying ILR on the same day service ? When you did your extension where you Self Employed ? What was the issue exactly ? You din't pay tax for last 12 months earnings when you were self employed at the time of applying ILR ? Can you tell us in more detail so that any senior moderators or members can advise you on the next steps ?

-hsr_72

[saaj2210]

@Saaj2210 : It was really sad to hear , Can you tell us what was your situation when you applyied were you Self-Employed or Employed at the time of applying ILR on the same day service ? When you did your extension where you Self Employed ? What was the issue exactly ? You din't pay tax for last 12 months earnings when you were self employed at the time of applying ILR ? Can you tell us in more detail so that any senior moderators or members can advise you on the next steps ?

-hsr_72

i was employed as well self employed.

[Obie]

What was the reason for the change .

Did Home office refuse you on the basis of deception?

[saaj2210]

What was the reason for the change .

Did Home office refuse you on the basis of deception?

yes.

[Obie]

Well you will need to get your accountant to assist with this.

If the earnings is linked to your visa, it is always sensible to do it in a straight way.

[saaj2210]

Well you will need to get your accountant to assist with this.

If the earnings is linked to your visa, it is always sensible to do it in a straight way.

That's what I did my friend but the judge say it does not make any weight in my side because I did not filed the right tax on right time and tried to misrepresent to home office and HMRC by giving them wrong figure.

[saaj2210]

Well you will need to get your accountant to assist with this.

If the earnings is linked to your visa, it is always sensible to do it in a straight way.

That's what I did my friend but the judge say it does not make any weight in my side because I did not filed the right tax on right time and tried to misrepresent to home office and HMRC by giving them wrong figure.

Any advise will be very helpful.

[saaj2210]

Well you will need to get your accountant to assist with this.

If the earnings is linked to your visa, it is always sensible to do it in a straight way.

That's what I did my friend but the judge say it does not make any weight in my side because I did not filed the right tax on right time and tried to misrepresent to home office and HMRC by giving them wrong figure.

Any advise will be very helpful.

Please any senior member would like to give his/her opinion in my case.

[Obie]

Have you applied to the Upper Tribunal for permission to appeal.

It is a must, otherwise you will face a 10 years ban on new application.

[hsr1972]

@Saaj2210, So you went for tier1 extension as "Selfemployed " and you mean you showed your previous 12 months earnings as "Self employed " and showed the wrong figure to Home office and HMRC ? Kindly explain us so than any senior moderators try to advice you for further action.

-hsr_72

[adl]

Hello every one
I would like to discuss my case you gys and i need a genuine opinion,,
I was on hsmp since 2008 i applied for my ilr in 2013 for the same day service my application was kept on hold later i got the rejection letter stating when i extended my tier1 visa in 2011 i give the wrong financial figure to home office and a different figure to hmrc and paid less tax on my business transaction.
i went for appeal in lower tribunal before that i filed my revised tax return on my income but again my appeal is dismissed stating my current revised tax return is irrelevant and i deliberately filed the wrong tax at 2011.
I need expert opinion how to turn around this case in my side and what are my other options, in 2016 i will be completing my 10 years in uk.

Could you type in exact reason(s) / words that you received in your letter so that you will get accurate advice in your case.
thanks

[saaj2210]

Hello every one
I would like to discuss my case you gys and i need a genuine opinion,,
I was on hsmp since 2008 i applied for my ilr in 2013 for the same day service my application was kept on hold later i got the rejection letter stating when i extended my tier1 visa in 2011 i give the wrong financial figure to home office and a different figure to hmrc and paid less tax on my business transaction.
i went for appeal in lower tribunal before that i filed my revised tax return on my income but again my appeal is dismissed stating my current revised tax return is irrelevant and i deliberately filed the wrong tax at 2011.
I need expert opinion how to turn around this case in my side and what are my other options, in 2016 i will be completing my 10 years in uk.

Could you type in exact reason(s) / words that you received in your letter so that you will get accurate advice in your case.
thanks

In 2008 i was granted HSMP for 3 years later in 2011 i had applied for extension which was granted for another 2 years now in 2013 when i applied for my ILR in person they keep my case on hold for further checks in jan the send me a refusal letter stating when i applied for my extension that time i misrepresented my income it showed to home office 32000.16000 from my employment and rest from my business but my accountant filed the wrong tax with hmrc for only £5000.and in my current ILR application i prove my income from business 24000 and paid tax for 6000.and they dont receive any cofirmation of my invoices from my client.
home office saying on the basis of probability has have misrepresented my earning in 2011 and 2013 to hmrc and to home office.
but now i have submitted my revised tax return and started paying in my liabilties to hmrc but at the lower tribunal judge is not convince they dismiss appeal on the same ground that i have misrepresented to home office.
I request to the senior member to please advice me on my case what can be done to get the permission of appeal to upper tribunal.

[hsr1972]

@saaj2210: OK , We understand from what you are saying in 2011 is ,Your accountant showed only £ 5000 as "Income earned from your Business " to HMRC , But you declared your income to Home office as " £16000" as " Income earned from your Business " ? Is this what you are saying? So we are not clear in 2013 what was wrong with the figure ? Why home office is Saying you have misrepresented the figure in 2013?


-hsr_72

[saaj2210]

@saaj2210: OK , We understand from what you are saying in 2011 is ,Your accountant showed only £ 5000 as "Income earned from your Business " to HMRC , But you declared your income to Home office as " £16000" as " Income earned from your Business " ? Is this what you are saying? So we are not clear in 2013 what was wrong with the figure ? Why home office is Saying you have misrepresented the figure in 2013?

I have proved my income as per hsmp criteria but the issue is with tax I did not paid the right tax amount to HMRC because the figure which I submit to HMRC significantly differ in both the tax year in 2011 and in 2013 but now I have taken a new accountant and filed my revised tax.
-hsr_72

[hsr1972]

@Saaj2210, So basically you are saying for last 2 years you did not pay the right tax at the time of extension and at the time of ILR . This is very strange ....they would have still granted ILR after you have revised the tax return and filed the right tax to HMRC.

-hsr_72

[saaj2210]

@Saaj2210, So basically you are saying for last 2 years you did not pay the right tax at the time of extension and at the time of ILR . This is very strange ....they would have still granted ILR after you have revised the tax return and filed the right tax to HMRC.

-hsr_72

Yes very unfortunate,I was very naive at that time.
In the court representative from home office just kept on saying I have misrepresented to home office in fact I had declared the right figure to qualify for my extension and for ILR only had problem with my taxes which I reconcile with HMRC and paying my right tax which I owe them.

[Obie]

Have you filed your appeal and has permission been granted to proceed.

In the absence of permission, this discussion is pointless.

Under the New rules, you have 14 days to appeal.

has that 14 days passed.

[saaj2210]

Have you filed your appeal and has permission been granted to proceed.

In the absence of permission, this discussion is pointless.

Under the New rules, you have 14 days to appeal.

has that 14 days passed.

I have Send permission to appeal in uper tribunal hope they accept my appeal for upper tribunal.

[Obie]

Did a Solicitor do it, or did you do it yourself, as it is the last chance to convince the court.

[saaj2210]

Did a Solicitor do it, or did you do it yourself, as it is the last chance to convince the court.

my upper tribunal appeal not accepted and dismissed and no further rights of appeal is given dated 03/08/15.
no i would like to know what are my option in 5 months of time i will be completing my 10 years in December have contacted couple of lawyers they both said it will be very difficult to clear deception in judicial review and i don't stand a chance and they said if i go for article 8 i will be breaking my 10 years rule.
what are my option need more expert advice please.

[saaj2210]

Did a Solicitor do it, or did you do it yourself, as it is the last chance to convince the court.

Is any one there to give me some advise please.

my upper tribunal appeal not accepted and dismissed and no further rights of appeal is given dated 03/08/15.
no i would like to know what are my option in 5 months of time i will be completing my 10 years in December have contacted couple of lawyers they both said it will be very difficult to clear deception in judicial review and i don't stand a chance and they said if i go for article 8 i will be breaking my 10 years rule.
what are my option need more expert advice please.

[Zee ali]

Did a Solicitor do it, or did you do it yourself, as it is the last chance to convince the court.

my upper tribunal appeal not accepted and dismissed and no further rights of appeal is given dated 03/08/15.
no i would like to know what are my option in 5 months of time i will be completing my 10 years in December have contacted couple of lawyers they both said it will be very difficult to clear deception in judicial review and i don't stand a chance and they said if i go for article 8 i will be breaking my 10 years rule.
what are my option need more expert advice please.

Your case is finished. with deception on your record impossible to get ILR on 10 years basis as well.

Do u have family here in uk wife kids? if not than article 8 would stand no chance.

[favour]

Hello Saj2210,

Zee Ali has given you a candid opinion, but If you believe in prayers, there is nothing prayers can not solve.
If you could prove the error and maybe as he suggested if you have families, a judicial review might help.
But you will need to consider the cost and time though.