SLTR-Rejected alleging Deception-Please help

[jimtoole]

Dear Gurus,

I applied for ILR based on Set LR on 31 Dec 2015 and today on 10-2-2016 I have received a refusal letter. The exact text for Rejection is as below:

"IT Solutions @@@ LTD gave a trading address of ABC house, London. Enquiries were made at the address which are run by companies who rent office space, provide virtual office space and mail forwarding services. ABC house is run by a company called XYZ. They stated that IT Solutions @@@ LTD rented no office space with them but between Dec 2010 and July 2011 used their mail forwarding facility. Your application has been considered on basis of your family and private life in the UK under 276DE 1CE. You have used deception in previous applications for leave to remain in the UK the Secretary of State does not believe that you remaining in the UK is conductive to the public Good."

Now I was self employed during that period and this company IT Solutions in question was my client. I am an IT engineer by profession. I am in the process of amending tax returns for the same year in question too. I was expecting that my file will be rejected on the basis of deception based on Tax related issues but they have rejected it for a different reason all together.
They have not mentioned not even one section of deception on the letter like 322 etc. I have been given appeal rights.

Please advice me what steps shall I take.

Kind Regards,
Jim

[noajthan]

Dear Gurus,

I applied for ILR based on Set LR on 31 Dec 2015 and today on 10-2-2016 I have received a refusal letter. The exact text for Rejection is as below:

"IT Solutions @@@ LTD gave a trading address of ABC house, London. Enquiries were made at the address which are run by companies who rent office space, provide virtual office space and mail forwarding services. ABC house is run by a company called XYZ. They stated that IT Solutions @@@ LTD rented no office space with them but between Dec 2010 and July 2011 used their mail forwarding facility. Your application has been considered on basis of your family and private life in the UK under 276DE 1CE. You have used deception in previous applications for leave to remain in the UK the Secretary of State does not believe that you remaining in the UK is conductive to the public Good."

Now I was self employed during that period and this company IT Solutions in question was my client. I am an IT engineer by profession. I am in the process of amending tax returns for the same year in question too. I was expecting that my file will be rejected on the basis of deception based on Tax related issues but they have rejected it for a different reason all together.
They have not mentioned not even one section of deception on the letter like 322 etc. I have been given appeal rights.

Please advice me what steps shall I take.

Kind Regards,
Jim

If you have been refused at first hurdle it may be the caseworker went no further so other matters remain to be dealt with.

What led HO to understand that IT Solutions was you/your company if you say it was a client?

[jimtoole]

HI Noajthan,

I am not sure what they are trying to imply. I believe the case worker might have thought it was my company but for my initial applications i had submitted Invoices Raised to IT solutions plus a couple of more IT companies. Now I have checked on Company house the IT solutions got dissolved in 2013 but they have filed Accounts to CH in the tune of 20K cash at bank etc. I never said that I went to their offices as i dont have to go to any office I get work and I do it in my house. Even Currently I run a company that has a Mail forwarding address in London and I work from Home and the turn over is of a very good standing. So to imply that people that do not have an office are not business is completely wrong here.

I have always been a Sole trader even the company that we run atm is owned by my wife and I work as a consultant in it and charge the company for my services and we have trading office in our house only.

I will apply for appeal and seems by the time appeal is heard HO will get the proof from HMRC as well that tax was not paid in time so now I will have to face two hurdles instead of one.

Dear Gurus,

I applied for ILR based on Set LR on 31 Dec 2015 and today on 10-2-2016 I have received a refusal letter. The exact text for Rejection is as below:

"IT Solutions @@@ LTD gave a trading address of ABC house, London. Enquiries were made at the address which are run by companies who rent office space, provide virtual office space and mail forwarding services. ABC house is run by a company called XYZ. They stated that IT Solutions @@@ LTD rented no office space with them but between Dec 2010 and July 2011 used their mail forwarding facility. Your application has been considered on basis of your family and private life in the UK under 276DE 1CE. You have used deception in previous applications for leave to remain in the UK the Secretary of State does not believe that you remaining in the UK is conductive to the public Good."

Now I was self employed during that period and this company IT Solutions in question was my client. I am an IT engineer by profession. I am in the process of amending tax returns for the same year in question too. I was expecting that my file will be rejected on the basis of deception based on Tax related issues but they have rejected it for a different reason all together.
They have not mentioned not even one section of deception on the letter like 322 etc. I have been given appeal rights.

Please advice me what steps shall I take.

Kind Regards,
Jim

If you have been refused at first hurdle it may be the caseworker went no further so other matters remain to be dealt with.

What led HO to understand that IT Solutions was you/your company if you say it was a client?

[noajthan]

HI Noajthan,

I am not sure what they are trying to imply. I believe the case worker might have thought it was my company but for my initial applications i had submitted Invoices Raised to IT solutions plus a couple of more IT companies. Now I have checked on Company house the IT solutions got dissolved in 2013 but they have filed Accounts to CH in the tune of 20K cash at bank etc. I never said that I went to their offices as i dont have to go to any office I get work and I do it in my house. Even Currently I run a company that has a Mail forwarding address in London and I work from Home and the turn over is of a very good standing. So to imply that people that do not have an office are not business is completely wrong here.

I have always been a Sole trader even the company that we run atm is owned by my wife and I work as a consultant in it and charge the company for my services and we have trading office in our house only.

I will apply for appeal and seems by the time appeal is heard HO will get the proof from HMRC as well that tax was not paid in time so now I will have to face two hurdles instead of one.

Maybe they understand that company is a client of yours but do not believe it is a genuine company / genuine invoices etc.

There is also a troubling reference in the HO refusal letter you quoted to "deception in previous applications for leave to remain".
Seems like they have got bit between their teeth & going through application with a fine tooth comb.

[HarryJones]

@jimtoole
did you apply based on employed or self employment or both?
Is it Tier 1 General?

[immuser]

Dear Gurus,

I applied for ILR based on Set LR on 31 Dec 2015 and today on 10-2-2016 I have received a refusal letter. The exact text for Rejection is as below:

"IT Solutions @@@ LTD gave a trading address of ABC house, London. Enquiries were made at the address which are run by companies who rent office space, provide virtual office space and mail forwarding services. ABC house is run by a company called XYZ. They stated that IT Solutions @@@ LTD rented no office space with them but between Dec 2010 and July 2011 used their mail forwarding facility. Your application has been considered on basis of your family and private life in the UK under 276DE 1CE. You have used deception in previous applications for leave to remain in the UK the Secretary of State does not believe that you remaining in the UK is conductive to the public Good."

Now I was self employed during that period and this company IT Solutions in question was my client. I am an IT engineer by profession. I am in the process of amending tax returns for the same year in question too. I was expecting that my file will be rejected on the basis of deception based on Tax related issues but they have rejected it for a different reason all together.
They have not mentioned not even one section of deception on the letter like 322 etc. I have been given appeal rights.

Please advice me what steps shall I take.

Kind Regards,
Jim

Did you apply in person or Post

[jimtoole]

I came to UK for masters from a top rated University. After completing I got PSW then Teir1 and then ILR application on SETLR. So no chance of any deception any where in other applications. Now one more thing on the letter everywhere it is mentioned "Your application for SLTR on the basis of Human Rights has been refused". Is Set LR and S-LTR both the same applications?

I applied in person at PEO, I have been on Tier 1 G for last 5 years and also completed 10 yrs in UK.

From where they have rejected my application they have mentioned as below:

"For reason outlined below you have not completed 10 years continuous lawful residence in the UK.
IT Solutions @@@ LTD gave a trading address of ABC house, London. Enquiries were made at the address which are run by companies who rent office space, provide virtual office space and mail forwarding services. ABC house is run by a company called XYZ. They stated that IT Solutions @@@ LTD rented no office space with them but between Dec 2010 and July 2011 used their mail forwarding facility. Your application has been considered on basis of your family and private life in the UK under 276DE 1CE. You have used deception in previous applications for leave to remain in the UK the Secretary of State does not believe that you remaining in the UK is conductive to the public Good."

HI Noajthan,

I am not sure what they are trying to imply. I believe the case worker might have thought it was my company but for my initial applications i had submitted Invoices Raised to IT solutions plus a couple of more IT companies. Now I have checked on Company house the IT solutions got dissolved in 2013 but they have filed Accounts to CH in the tune of 20K cash at bank etc. I never said that I went to their offices as i dont have to go to any office I get work and I do it in my house. Even Currently I run a company that has a Mail forwarding address in London and I work from Home and the turn over is of a very good standing. So to imply that people that do not have an office are not business is completely wrong here.

I have always been a Sole trader even the company that we run atm is owned by my wife and I work as a consultant in it and charge the company for my services and we have trading office in our house only.

I will apply for appeal and seems by the time appeal is heard HO will get the proof from HMRC as well that tax was not paid in time so now I will have to face two hurdles instead of one.

Maybe they understand that company is a client of yours but do not believe it is a genuine company / genuine invoices etc.

There is also a troubling reference in the HO refusal letter you quoted to "deception in previous applications for leave to remain".
Seems like they have got bit between their teeth & going through application with a fine tooth comb.

[jimtoole]

@jimtoole
did you apply based on employed or self employment or both?
Is it Tier 1 General?

The initial Tier 1 G application was both employed and self employed and then ext was just self employed.
This application was 10 yrs long residence based.

[jimtoole]

I have valid leave till 29th Feb 2016. Shall I appeal or just put in a fresh application for ILR again on 10 yrs basis in the post printing all information on the IT company in question stating they were a genuine business and I was working as a sole trader so was getting paid for my services? This was if they reject again I will have a better position as I have already sent my tax amendments. So the judge will have a favourable view towards me for tax issue and this reason of rejection that the company that paid me for my invoices was not genuine shall not stand as long as I have got the invoices, they have paid through company accounts in to my account and then tax paid on that income.

Please suggest as I personally think that applying fresh will be better than appealing to this decision. As when i face the judge based on this application HO will argue about paying taxes retrospective.

Please help Obie, Casa, SudeshMehta, Nojanathan, Amber Calling all Moderators and Members.

Thanks

[HarryJones]

@jimtoole
Was there any reason why you did not apply base on a 5 year Tier 1 general instead of a 10 years path?

[jimtoole]

tax not paid on time bro.

@jimtoole
Was there any reason why you did not apply base on a 5 year Tier 1 general instead of a 10 years path?

[HarryJones]

OK...can you please settle your tax problem (this is not a tax forum) after that you can you a fresh application.
You also need to find ways of clarifying the confusion concerning the company issue.

[HOPE22]

Which PEO centre you went ?

[jimtoole]

Liverpool PEO

Which PEO centre you went ?

[HarryJones]

Were you given self employment form to complete on Dec 31st.
Could you please share the details?

[jimtoole]

Harry jones,
I posted a plea of help but seems its more of a case study.

No I was not asked for any details of Self employment. I am happy to answer any questions as I dont want any one to be in my situation after being here for so long. Hope the Moderators have the same feeling.

My question still is "shall i appeal on this decision or apply fresh"

The decision is so ridiculous on my ILR that seems the person that took it he was proper stoned.

[HarryJones]

See we are here to help !
There have been some initial suggestions that a fresh application would suffice if you are able to make your records straightforward.

[jimtoole]

A very bad day for our family. I have been very calm and composed but my spouse just lost it today after reading the letter of rejection. Crying after the dinner and being real emotional telling we have our house here our son goes to school etc. I have detached my self completely from the situation and looking at it rationally and not emotionally as per an advice from Obie. This country has given me a lot, I came here with a suite case full of clothes in 2006 Jan. I can not live any where else and so is my wife n my 4 yr old son. I will fight till the end.

[jimtoole]

Please moderators help. If I appeal on this decision I have plenty of evidence to tear this decision apart. Only worry is the Tax component Is HO allowed to introduce new/fresh evidence to support their claim in the court saying I did not pay the correct tax on the 2010-2011 income that includes invoice payments form IT Solutions xxx limited. If they are not allowed to do that I have a fair case saving 2K on application fee. Else I will apply fresh on 26 Feb on Set LR again. I am hoping HMRC will have collected all due taxes by then too. They are an Alice in the Wonderland kind of department as per my interaction with them. One day they give one statement then the next after having magic mushrooms they give another statement. I called them last week they said my case is with Income tax inspector and I will hear in 7 days. Now after 7 days i called today and the guy said my case was refered by the back office to Investigation department on 9 Feb. So all contradicting statements. I dont trust them no more.

[noajthan]

See we are here to help !
There have been some initial suggestions that a fresh application would suffice if you are able to make your records straightforward.

Difficult situation & evidently its causing a lot of pain & collateral damage.
This advice makes sense.

[jimtoole]

Thanks a ton for the advice Harry and your confirmation Noajthan.

See we are here to help !
There have been some initial suggestions that a fresh application would suffice if you are able to make your records straightforward.

Difficult situation & evidently its causing a lot of pain & collateral damage.
This advice makes sense.

[jimtoole]

Dear gurus.

Please I need answer to just one question. If during my appeal I Cancel appeal and Apply Fresh on Set LR and it again gets rejected? Will I get right to appeal again and will my stay be covered by 3C?

I met the barrister and He has adviced appealing instead of putting fresh application as per my opinion. So i am doing what he is telling me to do. Still at the back of my head this thought of applying fresh when all the tax affairs are in order seems right. So just need to make sure that I would not be thrown out without any rights if I cancel appeal and apply fresh and then still get rejected.

Also as I still have valid leave I know I can apply fresh but will I be give appeal rights after I cancel an appeal, make a ST LR and then get rejected again (very doubtfull but still anything can happen if I again get a stoned CW)

Please guys if you know it tell me what happens in such scenario, please keep in mind its not JR but I have been given Right to appeal.

[jimtoole]

Quick update on my case. I have appealed the HO decision today, it was the last day. I was of the opinion of applying fresh but my barrister told me appealing is better. I have still not heard anything from HMRC, I have not been rejected based on TAX issues but alleging a company that I worked with as a sole trader has not got its trading address at their Registered address.
Thanks

[raju4u]

Quick update on my case. I have appealed the HO decision today, it was the last day. I was of the opinion of applying fresh but my barrister told me appealing is better. I have still not heard anything from HMRC, I have not been rejected based on TAX issues but alleging a company that I worked with as a sole trader has not got its trading address at their Registered address.
Thanks

Good luck buddy.

[tg2016]

Quick update on my case. I have appealed the HO decision today, it was the last day. I was of the opinion of applying fresh but my barrister told me appealing is better. I have still not heard anything from HMRC, I have not been rejected based on TAX issues but alleging a company that I worked with as a sole trader has not got its trading address at their Registered address.
Thanks

Actually my friend got his naturalisation application rejected on a similar charge wherein they said that the company with which he traded did not do any trading so Ho believes that he only rotated money. Surprisngly they did not bother about this when he applied for his ILR but rejected at the last hurdle.

All the best mate.