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Really?? They would pin that on the applicant even when its not his/her fault?? So you reckon nothing can be done about it and the applicant has to accept whatever the decision UKBA makes???argus7 wrote:There used to be a process HMRC updated Employment history , But they used to refer to a P46 and P45. I am not sure how things have changed since RTI in 2013
One thing is for sure with HO , if an employer has paid an employee (applicant) with NI and tax deductions HO will check that and if no record found they will use 322(2) deception, even if there is no fault of the applicant because HMRC has got no data from P46/45 and the tax code.
And I don't think that can be challenged in the court according to the new ILR refusal guidance being published.
Not booked a date yet. Its in August this year.jayacpr wrote:when is your ILR date @4s6s??
Yes HO publishes the guidance under grounds your visa and settlement can de refused. This was always there 322 (2) has been around for many years!4s6s wrote:Really?? They would pin that on the applicant even when its not his/her fault?? So you reckon nothing can be done about it and the applicant has to accept whatever the decision UKBA makes???argus7 wrote:There used to be a process HMRC updated Employment history , But they used to refer to a P46 and P45. I am not sure how things have changed since RTI in 2013
One thing is for sure with HO , if an employer has paid an employee (applicant) with NI and tax deductions HO will check that and if no record found they will use 322(2) deception, even if there is no fault of the applicant because HMRC has got no data from P46/45 and the tax code.
And I don't think that can be challenged in the court according to the new ILR refusal guidance being published.![]()
And what do you mean by being published..?? You already knew the guidelines before they got out...???
Yes HO does care where the employee worked and if his/her PAYE tax is not paid its deception in their view and cannot be challenged. As k this this to any good competent IMMIGRATION lawyer and he will point out the statutory instrument and statue that HO gets a benefit of doubt.4s6s wrote:Really?? They would pin that on the applicant even when its not his/her fault?? So you reckon nothing can be done about it and the applicant has to accept whatever the decision UKBA makes???argus7 wrote:There used to be a process HMRC updated Employment history , But they used to refer to a P46 and P45. I am not sure how things have changed since RTI in 2013
One thing is for sure with HO , if an employer has paid an employee (applicant) with NI and tax deductions HO will check that and if no record found they will use 322(2) deception, even if there is no fault of the applicant because HMRC has got no data from P46/45 and the tax code.
And I don't think that can be challenged in the court according to the new ILR refusal guidance being published.![]()
And what do you mean by being published..?? You already knew the guidelines before they got out...???
Bri2015 wrote:Hi folks,
Caseworker mentioned, T1 General had been cheated by many peoples and he checks each and every applicant for last 5 year work history. Also he mentioned he is experienced case worker. This was happened at PEO. And one of the best solicitor advised me that always postal application is best.
Thank you
Bri
vv76 wrote:bri2015
can you answer the following questions please
1. did you appear in person for your ilr ? or they called you for an interview after your initial application?
2. did they gave you the refusal letter on the same day of interview or did you receive it through post?#
3. if you received refusal letter by post how long after the interview at peo? did they mention anytime line by which you should leave the country?
Hi
How much total income your boyfriend showed in Tier 1 General initial application was it only self employed or employment too and now for ILR he showed earnings from employment or self employment or both.
Thanks
Regards
Kashif
4. did your refusal letter mention about 10 year reentry ban for deception?
can you please answer me please. my boyfriend has applied for ILR and he has been called for an interview at solihull peo
he had payed less tax in his initial T1 general ,so we all worried.
please guys can anyone shed some light. if its going to be a 10 year ban for deception , we are thinking of withdrawing his application and we can get married next year in his home country so i can bring him back here.
please help asap x
HiKASHIF830 wrote:vv76 wrote:bri2015
can you answer the following questions please
1. did you appear in person for your ilr ? or they called you for an interview after your initial application?
2. did they gave you the refusal letter on the same day of interview or did you receive it through post?#
3. if you received refusal letter by post how long after the interview at peo? did they mention anytime line by which you should leave the country?
Hi
How much total income your boyfriend showed in Tier 1 General initial application was it only self employed or employment too and now for ILR he showed earnings from employment or self employment or both.
Thanks
Regards
Kashif
4. did your refusal letter mention about 10 year reentry ban for deception?
can you please answer me please. my boyfriend has applied for ILR and he has been called for an interview at solihull peo
he had payed less tax in his initial T1 general ,so we all worried.
please guys can anyone shed some light. if its going to be a 10 year ban for deception , we are thinking of withdrawing his application and we can get married next year in his home country so i can bring him back here.
please help asap x
Hivv76 wrote:
he had payed less tax in his initial T1 general ,so we all worried.
vv76 wrote:he showed 34800 as gross income and claimed 2500 expensed so he showed net income of 32300
he applied in sep 2010 for his t1g , only 4 months into 2010-2011 tax year so the account was not fully audited . he occured further expenses for the tax year so his final net income was 27600 .
when the accountant gave letter he mentioned the account was not fully audited . but in the forum few guys got refused for this discripencies.
do we are thinking of withdrawing the application incase it was refused with 10 year ban.
can anyone got a 10 year ban for tax deception , can you guys help please . we are desperate
vv76 wrote:he showed 34800 as gross income and claimed 2500 expensed so he showed net income of 32300
he applied in sep 2010 for his t1g , only 4 months into 2010-2011 tax year so the account was not fully audited . he occured further expenses for the tax year so his final net income was 27600 .
when the accountant gave letter he mentioned the account was not fully audited . but in the forum few guys got refused for this discripencies.
do we are thinking of withdrawing the application incase it was refused with 10 year ban.
can anyone got a 10 year ban for tax deception , can you guys help please . we are desperate
Hi A Khanaskhan wrote:vv76 wrote:he showed 34800 as gross income and claimed 2500 expensed so he showed net income of 32300
he applied in sep 2010 for his t1g , only 4 months into 2010-2011 tax year so the account was not fully audited . he occured further expenses for the tax year so his final net income was 27600 .
when the accountant gave letter he mentioned the account was not fully audited . but in the forum few guys got refused for this discripencies.
do we are thinking of withdrawing the application incase it was refused with 10 year ban.
can anyone got a 10 year ban for tax deception , can you guys help please . we are desperate
Hi Mate .
Enough said on this topic, but unfortunately this is "DECEPTION" becasue HO gave visa on 32300, and now if you're paying tax on 27600 it's not acceptable as the points given to earning on 32300 not on 27600.
You just need to pray that some miracle happen and he would not be grilled.
Hope for the best.
KASHIF830 wrote:Hi A Khanaskhan wrote:I second that.. I think his girl friend should give us more detail.vv76 wrote:he showed 34800 as gross income and claimed 2500 expensed so he showed net income of 32300
he applied in sep 2010 for his t1g , only 4 months into 2010-2011 tax year so the account was not fully audited . he occured further expenses for the tax year so his final net income was 27600 .
when the accountant gave letter he mentioned the account was not fully audited . but in the forum few guys got refused for this discripencies.
do we are thinking of withdrawing the application incase it was refused with 10 year ban.
can anyone got a 10 year ban for tax deception , can you guys help please . we are desperate
Hi Mate .
Enough said on this topic, but unfortunately this is "DECEPTION" becasue HO gave visa on 32300, and now if you're paying tax on 27600 it's not acceptable as the points given to earning on 32300 not on 27600.
You just need to pray that some miracle happen and he would not be grilled.
Hope for the best.
If he applied in September 2010 so how can he apply for ILR because 5 years completes in September 2015. And 2nd after 19 July any need to have 80 points and for earnings minimum is £ 35000 which is 20 points. I assume that he also showed income from Employment. And what about extension application did he also claim income from self employed.
Did apply ILR on the basis of Tier1 General or 10 years basis because according to date his 5 years completes in September 2015.
Thanks
Regards
Kashif
KASHIF830 wrote:Hi
I don't know why Home office called your BF for an interview when he applied on 10 years. 6 of my known people who applied on 10 years got ILR even they showed self employment income in their Tier 1 General initial and extension application and the self employment earnings were from £ 22000 to £35000 a part from employment. Someone had to show total income £30000 and one of them had showed £55000 in both Tier 1 General initial and extension application. BUT as far as I know that NO ONE even paid tax even more than £500. But it was their Luck to get ILR on 10 years basis .Because they complete 10 yeras before Tier 1 General expiry date. And one of them just got 2 weeks ago.
Thanks
Regards
Kashif
vv76 wrote:KASHIF830 wrote:Hi
I don't know why Home office called your BF for an interview when he applied on 10 years. 6 of my known people who applied on 10 years got ILR even they showed self employment income in their Tier 1 General initial and extension application and the self employment earnings were from £ 22000 to £35000 a part from employment. Someone had to show total income £30000 and one of them had showed £55000 in both Tier 1 General initial and extension application. BUT as far as I know that NO ONE even paid tax even more than £500. But it was their Luck to get ILR on 10 years basis .Because they complete 10 yeras before Tier 1 General expiry date. And one of them just got 2 weeks ago.
Thanks
Regards
Kashif
kashif he applied for ilr (0) 5 year route , even though he has been in the country since September 2001 he as been a student for 5 years ,done ( bsc and msc )psw, igs ( 2years)and tier 1 5 years.