10 years long residency application after 3C leave and tax descripancy

[malikimran21]

Hi
My application for tier 1 general ILR + dependant has been refused due to 2010-11 tax discrepancy at the time of tier 1 general application and 2012-13 at the time of extension.

Refusal document says

It is acknowledged that Paragraph 322(5) of the immigration rule is not a mandatory refusal. However the evidences submitted does not satisfactorily demonstrate that the failure to declare to HMRC at the time of any of self-employed earnings declared on your previous application for leave to remain in the Untied Kingdom as Tier 1 (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 and Immigration to enable you to meet the points required to obtain leave to remain in the United Kingdom as a Tier 1 (General) Migrant.

My documents are with HO during admin review period. If I wait for documents to apply for a fresh application I might get late. My leave to remain will expire by then, So what do I need to do in this case?

How long HMRC takes to update record if I amend them over the phone? Or do I need to ask accountant to update it for me?

What happens when my fresh application is refused again in case HMRC records are not updated by then? What can I do in such circumstances?

I came in United Kingdom on 06 Oct 2006 and my 10 years are getting completed in oct 2016. what can I do to switch on 10 year route if this fresh application doesn't work for HO?

[Wanderer]

Did you falsify your earnings to gain points for extension? If not you *should* be ok, the switch point is error/deception.

It's a very important distinction.

[Immigrantshimmigrant]

Hi
My application for tier 1 general ILR + dependant has been refused due to 2010-11 tax discrepancy at the time of tier 1 general application and 2012-13 at the time of extension.

Refusal document says

It is acknowledged that Paragraph 322(5) of the immigration rule is not a mandatory refusal. However the evidences submitted does not satisfactorily demonstrate that the failure to declare to HMRC at the time of any of self-employed earnings declared on your previous application for leave to remain in the Untied Kingdom as Tier 1 (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 and Immigration to enable you to meet the points required to obtain leave to remain in the United Kingdom as a Tier 1 (General) Migrant.

My documents are with HO during admin review period. If I wait for documents to apply for a fresh application I might get late. My leave to remain will expire by then, So what do I need to do in this case?

How long HMRC takes to update record if I amend them over the phone? Or do I need to ask accountant to update it for me?

What happens when my fresh application is refused again in case HMRC records are not updated by then? What can I do in such circumstances?

I came in United Kingdom on 06 Oct 2006 and my 10 years are getting completed in oct 2016. what can I do to switch on 10 year route if this fresh application doesn't work for HO?

From what has been seen on this forum so far, HMRC can take anything between 3 - 6 months and yes you will need to contact your accountant for that.

Also, if you had tax discrepancy only for the period of your initial application and extension application then it really won't sound like a "genuine error"

[malikimran21]

So what options do I have?

[Immigrantshimmigrant]

I think you must still sort out your tax issues with HMRC. Consult a good accountant for that.

Then consult a lawyer on your next steps. Sending in a second application will only give you cover for 3C but the original decision is more likely to stand.

[malikimran21]

Thank you for your reply

could you please explain this point you have made i dont know about much about 3C. Thanks

Sending in a second application will only give you cover for 3C but the original decision is more likely to stand.

[Immigrantshimmigrant]

Thank you for your reply

could you please explain this point you have made i dont know about much about 3C. Thanks

Sending in a second application will only give you cover for 3C but the original decision is more likely to stand.

This means that while you have an application pending with the home office you will be covered by section 3C which maintains your right to work. Because once your admin review is refused you will be considered an overstayer

[geriatrix]

Read Leave extended by section 3C (and leave extended by section 3D in transitional cases)

[malikimran21]

Can you please answer this question as well. Thanks

"My documents are with HO during admin review period. my leave to remain expires on 5th may If I wait for documents to apply for a fresh application I might get late to apply for fresh application after sorting out tax discrepancy. My leave to remain will expire by then, So what do I need to do in this case? How do i get my document back if i don't go for AR."

[geriatrix]

Were your documents returned when you received the refusal? Or did you receive only the refusal letter ... without any documentary evideces you had submitted?

[jayacpr]

hi malikimran
which peo did u go ?

[malikimran21]

Birmingham Solihull

[malikimran21]

I went for same day appointment they kept the document and said if you want to apply for AR your documents will be forwarded to AR independent team. Otherwise it will be returned after 14 days.

[geriatrix]

I believe the only option to have your documents returned is by withdrawing the AR.

Or make a new application and explain in a cover letter that your documents are with Home Office pending outcome of AR - and provide necessary details about your ILR application, AR and passport(s), for them to know where in their offices your documents may be.

Bear in mind that if you make a new application while AR is pending, the AR will be deemed as "withdrawn".

[malikimran21]

Thank you for your help geriatrix and Immigrantshimmigrant. Does any one know a good solicitor around birmingham, coventry or west midlands or warwickshire.

[Pscloud]

Birmingham Solihull

With amendments you will only paying what you owe to HMRC. The UKBA decision will not change, I can tell you in advance this all end up in court to get yourself cleared from section 322.

At the moment UKBA is just refusing people randomly, however when dust settles most of them will get visa through court in JR. As UKBA dont have capacity to fight hundreds of JR. I wont let them wasting my tax money like this.

I paid taxes for the welfare of the people & myself not to waste in courts on useless matters.

[Malik44]

I agree pscloud with you but bear in mind AR JR take almost 6-9 months and applicant right to work Section 3C straight away finished and in UK it's very hard to survived without work for 6-9 months and specially when one have family here. I seen few people volunterely decided to left UK. So I believe UKBA aware this thing also trying put more pressure financially on people.

[screenprint]

I am very sorry to hear about your case one of my friend is similar situation like yours. But Luckly he have completed a 10 year and he have posted the application for 10 yrs ilr basis until his tax is sorted. Even if they refused him now he will get a appeal rights and 3C will continue unitl all appeals rights are exhausted.

How long you have being in this country ?

[f317633]

Birmingham Solihull

sorry to hear about your refusal.

had you submitted your SA302 for all 5 years or did the caseworker checked himself with HMRC and found out

that you have tax discrepancy.

[malikimran21]

@Screenprint

I came in United Kingdom on 06 Oct 2006 and my 10 years are getting completed in 6 oct 2016. My leave to remain expires 5th May 2016.

@f317633

case worker found himself the discrepancies. My accountant says the discrepancies are legitimate because the time of initial application the gross shown for period May 2010 to September 2010 and then May 2010 to 5 April 2011 will be different logically anyway to cover period from October 2010 to 5 April 2011.

[screenprint]

1) Apply again on 4th of May By Post, Make and a Payment by Cheque
2) Wait for Decision to be made ( can take 6 to 8 Weeks if they are the quickest but can also take upto 3 months or more )
3) After the Decision had being made ( if Postive Good , if Negative than step 4)
4) Apply for AR Review ( This will give you few more Days Months Possiblily )
5) By the time you have completed this all process u would be near to your 10 year ilr
6) 12 September is the date you can apply for ilr on 10 year basis

After that you can use yours 3C to exhaust your appeals rights and I am sure you will win your case.

[malikimran21]

@screenprint

Thank you for your reply. A quick question. Am i eligible to carry on work during JR? I am going to see couple of solicitors today see what they say.

[screenprint]

NO you can not working during JR but you can work during 3C, there for I have suggested you to apply before you leave expire in order to retain 3C.


More information related to 3C.
https://www.gov.uk/government/uploads/s ... ave-v6.pdf

Read this blogs in order to get a clear picture.

Can you make a new application while awaiting outcome of another application or appeal?
https://www.freemovement.org.uk/new-app ... -extended/

Section 3C leave does not always protect during appeals
https://www.freemovement.org.uk/section ... g-appeals/

[malikimran21]

Thank you @screenprint for your help.

[mehulp]

Hi Malik,
have you got any reply? I am on the same boat.
Regards,
Mehul