ILR refused at PEO Glasgow on basis of 322(5)

[gwsamanbs]

Dear Senior Members /Experts,

I went to Glasgow PEO 1st March 2015 and I got refused Under 322(5) as I have amended the tax before I go to ILR .The case as follows ,

Initial Application-16th June 2010-(Employed +Self-employed )-36K all taxes paid both income
Tax years-2009-2010/2010-2011

Extrention-25th Feb 2013-(Employed +Self-employed )-41K amended tax returns (Dec 2015) paid full in 2016 Jan
Tax years-2011-2012/2012-2013

ILR application with one dependent 01st March 2016 -Full Salaried -All taxes paid

The reason was even I have paid the taxes nothing due but CW said that my intention was to get the ILR and I have amended the tax returns on Dec 2015 and paid . She put me under 245(cd) with reference to 322(5) as she was suspecting me .

Option I have available
----------------------------
Visa expires 23march 2016

1,Go for AR and JR if refused.
2,Fresh application same day .
3,Postal application

I haven't break any rules or I haven't mislead any government department I have corrected what was wrong .

Please kindly give your suggestions experts/Senior members and any one got same issue and won the case
Kindly asking from admin to allow me to do PM to members who won this type of case .
Thanks,
Saman

[poojabhatt]

Hi Saman,

Are you sure your ILR was refused under 322 (5) ?

This is the first time I've heard of this clause being used for refusal.

[gwsamanbs]

Hi poojabhatt,

Yes mate it is 322(5) and I have seen few cases in this forum ..

http://www.immigrationboards.com/indefi ... 96-40.html

http://www.immigrationboards.com/indefi ... 99433.html

http://www.immigrationboards.com/indefi ... 96-20.html

Thanks,

[ilrapplicant101]

@gwsamanbs
on the other forums I heard that amending tax for your 2nd visa extension wouldn't be a problem with homeoffice. Looks like they checking for all years now. very unfortunate & feel sorry for you. Can I ask you how much was the difference the amended amount? is the difference significant & was it less than £35k/- when you initially filed for the tax?

[gwsamanbs]

Hi ilrapplicant101,

Yes there was a different and it was around 12k less than 35k according to initial Tax return . I filled the tax 2014 Jan as usual .The HO have the tax return data base and which is out dated when I see the refusal letter.

Thanks ,

[protagonist8]

hi
did you tell case worker about amendment ? and also HMRC letter ?

[AHD2016]

Dear Senior Members /Experts,

I went to Glasgow PEO 1st March 2015 and I got refused Under 322(5) as I have amended the tax before I go to ILR .The case as follows ,

Initial Application-16th June 2010-(Employed +Self-employed )-36K all taxes paid both income
Tax years-2009-2010/2010-2011

Extrention-25th Feb 2013-(Employed +Self-employed )-41K amended tax returns (Dec 2015) paid full in 2016 Jan
Tax years-2011-2012/2012-2013

ILR application with one dependent 01st March 2016 -Full Salaried -All taxes paid

The reason was even I have paid the taxes nothing due but CW said that my intention was to get the ILR and I have amended the tax returns on Dec 2015 and paid . She put me under 245(cd) with reference to 322(5) as she was suspecting me .

Option I have available
----------------------------
Visa expires 23march 2016

1,Go for AR and JR if refused.
2,Fresh application same day .
3,Postal application

I haven't break any rules or I haven't mislead any government department I have corrected what was wrong .

Please kindly give your suggestions experts/Senior members and any one got same issue and won the case
Kindly asking from admin to allow me to do PM to members who won this type of case .
Thanks,
Saman

Hi,

We have exactly the same case and our case is presently at AR and we are waiting for the reply. Consult a good solicitor or direct access barrister and I am sure you should win. Hope we all get out of this HO mess. All the best! Similar cases are getting through at Croydon PEO without even being asked a single question.. Just mere luck! Don't loose hope.

[gwsamanbs]

@protagonist8

The HO noticed that I did some amendments as I have given all all HMRC SA302s so the CW asked me why this difference and I had to tell that I have done amendment. Then she asked when ?
I said it was last year Dec and she asked why ? I said its previous accountant error . Then she asked me to write it down .

[gwsamanbs]

@AHD2016
yes mate .. This is so difficult situation and suddenly the life went upside down. But I have a feeling we can fight for this at the moment I am planning to go one day in Croydon with my solicitor. I hope it will work but end of the day it's our luck.

[Pscloud]

Dear Senior Members /Experts,

I went to Glasgow PEO 1st March 2015 and I got refused Under 322(5) as I have amended the tax before I go to ILR .The case as follows ,

Initial Application-16th June 2010-(Employed +Self-employed )-36K all taxes paid both income
Tax years-2009-2010/2010-2011

Extrention-25th Feb 2013-(Employed +Self-employed )-41K amended tax returns (Dec 2015) paid full in 2016 Jan
Tax years-2011-2012/2012-2013

ILR application with one dependent 01st March 2016 -Full Salaried -All taxes paid

The reason was even I have paid the taxes nothing due but CW said that my intention was to get the ILR and I have amended the tax returns on Dec 2015 and paid . She put me under 245(cd) with reference to 322(5) as she was suspecting me .

Option I have available
----------------------------
Visa expires 23march 2016

1,Go for AR and JR if refused.
2,Fresh application same day .
3,Postal application

I haven't break any rules or I haven't mislead any government department I have corrected what was wrong .

Please kindly give your suggestions experts/Senior members and any one got same issue and won the case
Kindly asking from admin to allow me to do PM to members who won this type of case .
Thanks,
Saman

Hi,

Have you submitted amended tax returns to cw? Its surprising they didnt accept it. Where as cw in Sheffield, Solihull and Croydon are accepting them.

[gwsamanbs]

@Pscloud

Yes I have submitted all updated SA302s but the HO records were old and she knew that I have amended 2012-13 tax year . But it was totally her suspicion about me.

[AHD2016]

@AHD2016
yes mate .. This is so difficult situation and suddenly the life went upside down. But I have a feeling we can fight for this at the moment I am planning to go one day in Croydon with my solicitor. I hope it will work but end of the day it's our luck.

I would suggest don't apply again at another PEO. Since you have a refusal already under 322 it's highly unlikely your second application will be considered without keeping previous refusal under consideration. The new CW will never over right the previous decision unless circumstances have changed. And we can't change the fact that illogically our intention is doubted. I would suggest go for AR and JR route and get rid of 322. Take proper legal advice before thinking to waste your money. All the best.

[jimtoole]

This rejection is like on pay day the employer says "you worked just to get paid and not coz you love laying bricks so I am not paying you."

I would suggest, Put an application together with all relevant docs and post it this time.

[AHD2016]

@AHD2016
yes mate .. This is so difficult situation and suddenly the life went upside down. But I have a feeling we can fight for this at the moment I am planning to go one day in Croydon with my solicitor. I hope it will work but end of the day it's our luck.

I would suggest don't apply again at another PEO. Since you have a refusal already under 322 it's highly unlikely your second application will be considered without keeping previous refusal under consideration. The new CW will never over right the previous decision unless circumstances have changed. And we can't change the fact that illogically our intention is doubted. I would suggest go for AR and JR route and get rid of 322. Take proper legal advice before thinking to waste your money. All the best.

Hi,

Just got curious. Did you re-apply? What happened to your case?

[gwsamanbs]

Hi Mate ,

I applied by post . let see what will happen .

[governor007]

Hi GWSAMANBS
Would you like to share any updates on your application status? I am stuck in a similar situation. Would you mind sharing the outcome or status?

[linkarif]

Hello guys

I m now in same boat as you were discussing.Any advise and any success story for my guidance.thanks

[noajthan]

Kindly note this is not a general discussion on refusals.

Members requested to restrict yourselves to addressing OP's original point or question.
Otherwise this will degenerate into a meaningless jumble of unrelated random posts - and will be closed.

[rocktheparty]

Hi Mate ,

I applied by post . let see what will happen .

Hi gwsamanbs

Is there any update on your postal application mate?

[abuibraheem]

Hi Mate ,

I applied by post . let see what will happen .

hello mate.

anything on ur application yet??