ILR Refused 322(5) 245(CD) and 245CD(b)

[shah25]

Hi Everyone

I have been a silent reader until now. My ILR based on Tier (1) G was refused recently due to tax amendments like many others.My solicitor applied for AR which got refused as well earlier this month.I would like to seek advise from fellow members who may have first hands experience or others who learned on this forum on the options I have now.

OPTION 1 - Apply for JR
OPTION 2 - Apply for FLR(FP)
OPTION 3 - Apply for SET(LR)

OPTION 4 - 1+2+3

I would also be grateful if i could get some interest from those who have been successful in reverting HO original decision during JR.

Thank you for your time.

Regards

[Obie]

How do you qualify for SET LR. Have you resided in the UK for continuous 10 years?
?

[sam2017]

Very Sorry to hear this.

you are also like me and so many others in this country who are in this situation....

it will be very hard to win in JR as HO has power of this 322(5) and all. You will need strong Reasons and argument in the Court.

Also Reguarding this amendment any reason? FLR will be not be as easy and could be west of money (if you Qualify) because of this 322 thier are also so many cases they applied for FLR and awaiting Result!

Check with your solicitor and keep fighting...

[shah25]

How do you qualify for SET LR. Have you resided in the UK for continuous 10 years?
?

Hi yes thats right.

[shah25]

Very Sorry to hear this.

you are also like me and so many others in this country who are in this situation....

it will be very hard to win in JR as HO has power of this 322(5) and all. You will need strong Reasons and argument in the Court.

Also Reguarding this amendment any reason? FLR will be not be as easy and could be west of money (if you Qualify) because of this 322 thier are also so many cases they applied for FLR and awaiting Result!

Check with your solicitor and keep fighting...

I have submitted and awaiting reply for a Subject Access Request (SAR) to find out number of members of parliament who made amendments of their personal tax returns in the last 5 years. This is a shame that HO is using general grounds of refusal 322(5) an immigration policu designed to counter criminals like sex offenders or people who are threat to national security.

As per the HMRC Self-Assessment Manual - Just as HMRC has the right to repair an obvious error or mistake on the return the taxpayer has the right to amend it.

My solicitor advised that a case has recently been unturned in the court of appeal which would act as precedent for hundreds of applicants who were refused under this immigration rule.He is awaiting further details from barrister on this case.

[Obie]

To be honest i have not seen this court of appeal case that your lawyer is talking about, and believe me if it is there i will know as this is a matter in which i have a keen interest.

If you qualify for ILR, you are better off making it, as that may confer a right of appeal, at the same time as the JR that you may wish to pursue.

[Vishnu g]

Very Sorry to hear this.

you are also like me and so many others in this country who are in this situation....

it will be very hard to win in JR as HO has power of this 322(5) and all. You will need strong Reasons and argument in the Court.

Also Reguarding this amendment any reason? FLR will be not be as easy and could be west of money (if you Qualify) because of this 322 thier are also so many cases they applied for FLR and awaiting Result!

Check with your solicitor and keep fighting...

[secret.simon]

I have submitted and awaiting reply for a Subject Access Request (SAR) to find out number of members of parliament who made amendments of their personal tax returns in the last 5 years.

I would be very interested in this as well.

A Subject Access Request can normally only be made by a person for information being held on himself/herself or for somebody for whom the requestor holds power-of-attorney.

So, logically, your request would have to be declined under the Data Protection Act.

Your request could be treated as an FOI Request. But even then, I am fairly confident that tax records are meant to be confidential and are therefore exempt under the FOI Act.

[Vishnu g]

immigration rules are for immigrants and home office refuse because the self employment record does not match with HMRC record.you were awarded visa on the points you claimed for your earnings and your earnings shown to home office should have been matched with HMRC and you are refused because of the your character and conduct in home office eyes and not because you are threat to national security.

[Zing]

It is understood that one is granted visa on the earnings he/she claimed to Home Office but l do not understand why is expected that the earnings should actually match with HMRC if it is not the same accounting period.

For example, if earnings shown to home office is from Jan to Dec and when filling the returns with HMRC it falls into two different tax years. How do you expect them to match when the business is not static but a going concern. What home office should actually be looking at is actual tax return fillings not SA302. SA302 is just a summary of earnings in a tax year.

Home office in its guidance document said one should be careful when submitting tax documents for earnings to be claimed if it is not the same accounting period with other documents.This piece of advice is part of what they are using to refuse people which is contrary to their guidance.

The people l have major problem with is HMRC because l have read their MOU with home office, their self assessment legal framework and have had dealings with their staffs.l can identify with their continuous effort to make things easy and transparent. l was expecting them to advise home office on tax matters properly and guide them too if they are drifting away from their agreed concept.

Solicitors are aware of the recent overrule and l believe the written judgement will come out in due time. The judgement was reached on 30th Jan (according to the barrister that defended the case) but what everyone should be aware of is, they maybe other factors working against the release of the written judgement.

[vinny]

OPTION 3 - Apply for SET(LR)

Unfortunately,

(iii) the applicant does not fall for refusal under the general grounds for refusal.

also fails due to refusal under 322(5).

[Obie]

It may fail, but OP may have the prospect of getting a right of appeal which may enable him to prove his innocence before a judge as part of his human right claim.

[Hasini1]

Hi Everyone

I have been a silent reader until now. My ILR based on Tier (1) G was refused recently due to tax amendments like many others.My solicitor applied for AR which got refused as well earlier this month.I would like to seek advise from fellow members who may have first hands experience or others who learned on this forum on the options I have now.

OPTION 1 - Apply for JR
OPTION 2 - Apply for FLR(FP)
OPTION 3 - Apply for SET(LR)

OPTION 4 - 1+2+3

I would also be grateful if i could get some interest from those who have been successful in reverting HO original decision during JR.

Thank you for your time.

Regards

Hi,

I am in the same boat victim of 322(5), i have applied through fresh application twice and have been rejected for filing late SA filing. i have been thinking as corporation tax is the only one not much aware of self assessment. Now i am planning for JR and requested my old accounatant for a covering letter and he isnot willing to give me covering letter that he didnt filed the SA for my limited company . What would i do in this situation. Please kindly suggest some solution.

Thanks,
Hasini

[CR001]

Hi,

I am in the same boat victim of 322(5), i have applied through fresh application twice and have been rejected for filing late SA filing. i have been thinking as corporation tax is the only one not much aware of self assessment. Now i am planning for JR and requested my old accounatant for a covering letter and he isnot willing to give me covering letter that he didnt filed the SA for my limited company . What would i do in this situation. Please kindly suggest some solution.

Thanks,
Hasini

Have you registered a second username to continue asking the same questions??? This is not permitted on the forum,

member/siri25/

See Multiple User IDs (click)

.

This is forbidden activity.

You may have one member ID here and only one. We make exceptions only under specific cases, and only when we can monitor all such activity.

Members activating and/or posting from multiple ID's (without specific, written previous arrangements) will be banned from the forum.

The Admin

[Hasini1]

Hi,

I am in the same boat victim of 322(5), i have applied through fresh application twice and have been rejected for filing late SA filing. i have been thinking as corporation tax is the only one not much aware of self assessment. Now i am planning for JR and requested my old accounatant for a covering letter and he isnot willing to give me covering letter that he didnt filed the SA for my limited company . What would i do in this situation. Please kindly suggest some solution.

Thanks,
Hasini

Have you registered a second username to continue asking the same questions??? This is not permitted on the forum,

member/siri25/

See Multiple User IDs (click)

.

This is forbidden activity.

You may have one member ID here and only one. We make exceptions only under specific cases, and only when we can monitor all such activity.

Members activating and/or posting from multiple ID's (without specific, written previous arrangements) will be banned from the forum.

The Admin

Hi CR001,

This is a different id wherein this lady suggested this site and opened for me. Using her system right now Please dont misunderstand, Nthing to do with 2 or 3 ids here. Her's is already in process ...
Thanks ,


Hasini

[Nauman35]

Hi Everyone

I have been a silent reader until now. My ILR based on Tier (1) G was refused recently due to tax amendments like many others.My solicitor applied for AR which got refused as well earlier this month.I would like to seek advise from fellow members who may have first hands experience or others who learned on this forum on the options I have now.

OPTION 1 - Apply for JR
OPTION 2 - Apply for FLR(FP)
OPTION 3 - Apply for SET(LR)

OPTION 4 - 1+2+3

I would also be grateful if i could get some interest from those who have been successful in reverting HO original decision during JR.

Thank you for your time.

Regards

Hi shah25 ,
I guess option 1 + 3 or 1+2 ,you can fight JR to challenge 322(5) and if you go option 2 or 3 ,application most likely to be refused because of previous application but you might get right of appeal to go before judge.
This is where i am heading on at the moment and seeking advice from solicitors.

[Apollo12]

322(5) latest update -

https://www.theguardian.com/uk-news/201 ... ant-deport

[SavilleR83]

Hi All,

Do we have an update on your case?

Thanks in Advance

SavilleR83

[gbptier1general]

It is understood that one is granted visa on the earnings he/she claimed to Home Office but l do not understand why is expected that the earnings should actually match with HMRC if it is not the same accounting period.

For example, if earnings shown to home office is from Jan to Dec and when filling the returns with HMRC it falls into two different tax years. How do you expect them to match when the business is not static but a going concern. What home office should actually be looking at is actual tax return fillings not SA302. SA302 is just a summary of earnings in a tax year.

Home office in its guidance document said one should be careful when submitting tax documents for earnings to be claimed if it is not the same accounting period with other documents.This piece of advice is part of what they are using to refuse people which is contrary to their guidance.

The people l have major problem with is HMRC because l have read their MOU with home office, their self assessment legal framework and have had dealings with their staffs.l can identify with their continuous effort to make things easy and transparent. l was expecting them to advise home office on tax matters properly and guide them too if they are drifting away from their agreed concept.

Solicitors are aware of the recent overrule and l believe the written judgement will come out in due time. The judgement was reached on 30th Jan (according to the barrister that defended the case) but what everyone should be aware of is, they maybe other factors working against the release of the written judgement.

How can UK Gov keep fate of Millions of People under hands of bunch of FALSE &Fake Accounting Practitioners who fail to analyse proper accounting Docs in Rightful manner?
If The caseworkers/UKVI/HO does know co-relationship of why&how a Financial Statement of TWO different Periods may/may NOT match?
No Law can say it is CRIME that ur TWO FI-Statements for two Different Periods is MISMATCHING???
No need to go to the ETXENT of two Yrs!!!
Guys anyone who can trow some more Light on above points pls Even if different periods need NOT Match thn logically how can two Yrs can/should match& basing on this CROOKEDLY use false convictions/rules like Sec322(5) like cowards do!!

[gbptier1general]

Hi,

I am in the same boat victim of 322(5), i have applied through fresh application twice and have been rejected for filing late SA filing. i have been thinking as corporation tax is the only one not much aware of self assessment. Now i am planning for JR and requested my old accounatant for a covering letter and he isnot willing to give me covering letter that he didnt filed the SA for my limited company . What would i do in this situation. Please kindly suggest some solution.

Thanks,
Hasini

Hi,
Did u get ur success?
Did u manage to get the Letters ur looking for?
I can try giv u some HINTs ,pls let me know!!!
GoodLuck!

[gbptier1general]

It is understood that one is granted visa on the earnings he/she claimed to Home Office but l do not understand why is expected that the earnings should actually match with HMRC if it is not the same accounting period.

For example, if earnings shown to home office is from Jan to Dec and when filling the returns with HMRC it falls into two different tax years. How do you expect them to match when the business is not static but a going concern. What home office should actually be looking at is actual tax return fillings not SA302. SA302 is just a summary of earnings in a tax year.

Home office in its guidance document said one should be careful when submitting tax documents for earnings to be claimed if it is not the same accounting period with other documents.This piece of advice is part of what they are using to refuse people which is contrary to their guidance.

The people l have major problem with is HMRC because l have read their MOU with home office, their self assessment legal framework and have had dealings with their staffs.l can identify with their continuous effort to make things easy and transparent. l was expecting them to advise home office on tax matters properly and guide them too if they are drifting away from their agreed concept.

Solicitors are aware of the recent overrule and l believe the written judgement will come out in due time. The judgement was reached on 30th Jan (according to the barrister that defended the case) but what everyone should be aware of is, they maybe other factors working against the release of the written judgement.

Hi Zing,
1)Can u pls Elaborate what does MOU stand for?
" l have read their MOU with home office"

2)can u pls update the "written judgement" pls!
"Solicitors are aware of the recent overrule and l believe the written judgement will come out in due time. "

[gbptier1general]

322(5) latest update -

https://www.theguardian.com/uk-news/201 ... ant-deport

Hi All,
Can someone send updates of 322(5) during Jan2019/Feb-2019 pls???
Pls respond ASAP.
Thanks a lot in advance.