ILR(Long Residence) refused and waiting for appeal.

Hi all

My apologies if this is covered in previous threads. But i have gone through most of the threads for couple of days and i ended up with mixed responses.

My application for ILR(Long residence) has been refused under Paragraph 276(B) (iii) reference to paragraph 322(5) under the general grounds of refusal of immigration rules for the second time in march 2016.

First time refused on same grounds in October 2015. Made a fresh application in march 2016 by correcting the tax records and stating that it was a human error and not deception.

Since I was given a chance to appeal, done all the formalities in given time. Since then i have not heard anything of when the hearing would take place from tribunal yet.

My questions?

Any one who has gone through the similar process? Please share your experience.

Before the hearing, is there anything i can do to increase the chances of getting succeeded.

What are the options i have if my decision is not in my favour?

How is it going to be in courts on hearing date?

Under which section(3c or 3d) do i fall in meanwhile?

Am i legally eligible to work in this country in the section i fall.

Any other suggetions/advices are all welcomed.

Thanks

caseys wrote: Am i legally eligible to work in this country in the section i fall.

Any other suggetions/advices are all welcomed.

Thanks

2nd application (currently on appeal), if this application made before the visa expiry then you have rights to work, if this is out of time application then unfortunately not.

you may consider to mention the dates: visa expiry, 1st application/refusal, 2nd application/refusal, appeals. also before application which category visa you had, if you wish you can give some details about the tax issue/ pattern of the issue. without this no one can comment anything, but with this seniors might be able to advise if there is any advise they have.

I was on Tier1 General Visa before applying ILR(Long Residence) which expired on 21st April 2016.

First application was made in October 2015 using same day service at Cardiff. Decision was not made on same day. Application was refused a month later ''under paragraph 322(1A) and 322(2) of the immigration rules you do not satisfy the requirements of immigration rules for this category and it has been decide to refuse your application for indefinite leave to remain in the united kingdom under paragraph 276B(iii) as you do not meet the requirements of paragraph 245CD of the immigration rules''.

Basically less income was filed in 2010 tax year and no income was declared in 2012 tax year, Which HO mentioned in my refusal(Clearly mentioned the 2012 tax discrepancies and a note saying it is further noted that in previous years they are unable to verify the earnings for the points i claimed from self employed earnings i.e..while applying for tier1 general in 2010).

On verifying my tax records, i have corrected my mistakes/ignorance and sent the necessary returns to HMRC in October 2015. By decemeber 2015 tax records of 2012 year were amended but not the 2010 year.

In march 2016 made a second in time application at croydon using same day service for ILR(Long Residence) by submitting SA302 for the 2012 tax year and a letter from HMRC confirming that they received my 2010 tax returns and are in process of updating the records. And i further mentioned that the discrepancy in the tax records are purely a human error and not a deception.

On same day without any questioning my application has been refused under Paragraph 276(B) (iii) reference to paragraph 322(5) under the general grounds of refusal of immigration rules for the second time in march 2016.

HO also mentioned that Secretary of State is not satisfied that why there was an error when qualified accountants were involved.

Hope i explained bit more in detail. Please give me a shout if any more details required in assisting me.

caseys wrote: ...it is further noted that in previous years they are unable to verify the earnings for the points i claimed from self employed earnings i.e..while applying for tier1 general in 2010....

This would seem to be an insurmountable barrier to overcome unfortunately. But these cases are still being processed through appeals and JRs, some of which have been posted on this forum. As you made the last application before the expiry of your previous visa, you still have the right to work until any appeal decided under 3C.

caseys wrote:Before the hearing, is there anything i can do to increase the chances of getting succeeded?

Do you have a lawyer? That might be useful. Otherwise, without a time machine, not really no.

caseys wrote:What are the options i have if my decision is not in my favour?

Judicial Review or leave the country. If you are in a position to switch to another type of visa, such as a dependent visa or a Tier 2, those seem plausible even with the HMRC issues, though there are no guarantees.

caseys wrote:Basically less income was filed in 2010 tax year and no income was declared in 2012 tax year, Which HO mentioned in my refusal(Clearly mentioned the 2012 tax discrepancies and a note saying it is further noted that in previous years they are unable to verify the earnings for the points i claimed from self employed earnings i.e..while applying for tier1 general in 2010).

On verifying my tax records, i have corrected my mistakes/ignorance and sent the necessary returns to HMRC in October 2015. By decemeber 2015 tax records of 2012 year were amended but not the 2010 year.

What figures are we talking here? How much tax was owed to HMRC and how much was the undeclared income?
HO will get increasingly suspicious if the undeclared income involved is higher than a few thousand pounds.
They can understand the error if undeclared income is not more than £4000-£5000 but if its any higher than that then they will dig deeper and not to mention it will get increasingly unlikely for HO to be lenient with high undeclared income.