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ILR REFUSED APRIL 2015

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

honey2008
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Re: ILR REFUSED APRIL 2015

Post by honey2008 » Mon May 04, 2015 9:18 am

Immigration Directorate Instructions

============================================================

In making this assessment, the caseworker must assess on the balance of
probabilities and may take into account the following factors:
 the evidence the applicant has submitted;
 whether the money appears to have been earned through genuine
employment, rather than being borrowed, gifted, or otherwise shown in the
applicant’s financial transactions or records without being earned; (iii) whether
the business from which the earnings are claimed can be shown to exist and
be lawfully and genuinely trading;
verification of previous earnings claims with declarations made in respect of
the applicant to other Government Departments, including declarations made
in respect of earnings claimed by the applicant in previous applications;

 the applicant's previous educational and business experience (or lack thereof)
in relation to the claimed business activity;
 the applicant's immigration history and previous activity in the UK;
 where the nature of the applicant’s employment or business requires him to
have mandatory accreditation, registration or insurance, whether that
accreditation, registration or insurance has been obtained;
 any payments made by the applicant to other parties; and
 any other relevant information.

hellonewhere
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Re: ILR REFUSED APRIL 2015

Post by hellonewhere » Mon May 04, 2015 9:22 am

@Kashif - I can't answer that myself sadly.

A lot depends on the initial questions I posed.

Was a tax return filed in the first place or not?

If yes, can the old accountant provide the submission report?. It will be in the accountant's email if done online. If done by paper, then OP would have received an SA302.

If not, why not?.

Was the tax and NI paid or not?
If yes, is there a record of this?. Bank statement will show that these were settled with HMRC. Notice from HMRC will show that they sent you these and that will demonstrate record from HMRC.

A lot of times, people do make payments to HMRC and sadly because the correct references aren't quoted whilst making payments, these payments go into a "suspense account" and remains there unallocoated; therefore, it shows as if a payment wasn't made regarding whatever area of tax was due for payments etc.

If the OP is making a late return, why can't an online one be filed as it's quicker rather than a paper one?
Is that because HMRC doesn't allow historical filing to be done online?

I only provided a suggestion regarding the tax return. I can;t answer regarding the HO's decision. But if he can prove all the above, then he might stand a chance hopefully.

I hope it all works out for OP.

akan
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Re: ILR REFUSED APRIL 2015

Post by akan » Mon May 04, 2015 9:57 am

Bri2015 wrote:hi iffi786

My number is xxxxxx. I dont have right of appeal. Thank you.
Hi Bri,

email me here xxxxxx

I know a person in similar situation however judge gave decision in his favour. So i will get you both in touch.

akan
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Re: ILR REFUSED APRIL 2015

Post by akan » Mon May 04, 2015 11:16 am

Hi Bri,

You said you went for PEO and it was refused.
Did they call you for interview later on?
Did you took your tax documents with you?

In refusal letter from case worker it mentioned during 'interview' .

What about you tax for 2013? Did you filed it on time correctly?


Check you PM messages.

Regards

Bri2015
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Re: ILR REFUSED APRIL 2015

Post by Bri2015 » Mon May 04, 2015 11:49 am

Hi Guys

I am able to book PEO now and Is it possible to take my favorite solicitor [This solicitor did not have to book PEO for me but very talented one] with me please?

Anyone done in the past

Thank you

akan
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Re: ILR REFUSED APRIL 2015

Post by akan » Mon May 04, 2015 11:55 am

Bri2015 wrote:Hi Guys

I am able to book PEO now and Is it possible to take my favorite solicitor [This solicitor did not have to book PEO for me but very talented one] with me please?

Anyone done in the past

Thank you

I know one therefore asked you to email me or send me PM ... xxxxxxx
Last edited by CR001 on Mon May 04, 2015 12:39 pm, edited 1 time in total.
Reason: removal of personal contact information

Bri2015
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Re: ILR REFUSED APRIL 2015

Post by Bri2015 » Mon May 04, 2015 12:08 pm

Hi Akan

I have sent you email for provided email

Thank you

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CR001
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Re: ILR REFUSED APRIL 2015

Post by CR001 » Mon May 04, 2015 12:58 pm

Bri2015 wrote:Hi Guys

I am able to book PEO now and Is it possible to take my favorite solicitor [This solicitor did not have to book PEO for me but very talented one] with me please?

Anyone done in the past

Thank you
What are you booking a premium appointment for?

When did your visa expire?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Bri2015
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Re: ILR REFUSED APRIL 2015

Post by Bri2015 » Mon May 04, 2015 1:14 pm

Hi CR001

I am looking to book PEO to re apply once paid all tax. Visa expired on 16/04/2015.

argus7
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Re: ILR REFUSED APRIL 2015

Post by argus7 » Mon May 04, 2015 2:33 pm

you cant apply for ILR once your existing T1 G has expired. Who has confirmed this that once you pay taxes you can apply again.

Bri2015
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Re: ILR REFUSED APRIL 2015

Post by Bri2015 » Mon May 04, 2015 3:42 pm

Hi Argus7

One solicitor advised me that within grace period I can re apply.

Thank you.

grace4drace
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Re: ILR REFUSED APRIL 2015

Post by grace4drace » Mon May 04, 2015 3:44 pm

So do they always check HMRC records at PEO appointments, or is this random? Just wondering..

argus7
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Re: ILR REFUSED APRIL 2015

Post by argus7 » Mon May 04, 2015 3:50 pm

grace4drace wrote:So do they always check HMRC records at PEO appointments, or is this random? Just wondering..
Always. HMRC and DWP

argus7
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Re: ILR REFUSED APRIL 2015

Post by argus7 » Mon May 04, 2015 3:51 pm

Bri2015 wrote:Hi Argus7

One solicitor advised me that within grace period I can re apply.

Thank you.
And how long is grace period? when did your visa expire.

smeer123
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Re: ILR REFUSED APRIL 2015

Post by smeer123 » Mon May 04, 2015 3:54 pm

What is DWP...?

naveediiqbal
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Re: ILR REFUSED APRIL 2015

Post by naveediiqbal » Mon May 04, 2015 3:59 pm

argus7 wrote:
Bri2015 wrote:Hi Argus7

One solicitor advised me that within grace period I can re apply.

Thank you.
And how long is grace period? when did your visa expire.
Visa expired on 16/04/2015.

secret.simon
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Re: ILR REFUSED APRIL 2015

Post by secret.simon » Mon May 04, 2015 4:06 pm

smeer123 wrote:What is DWP...?
Department of Work and Pensions. They are the government department responsible for most benefits. So, the check will ensure that you have not claimed any benefits you are not entitled to.

grace4drace
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Re: ILR REFUSED APRIL 2015

Post by grace4drace » Mon May 04, 2015 4:37 pm

@Argus, so why was his case not picked up during his T1 extension or do you mean Hmrc records are only checked for ILR applications.

I really do hope he gets it sorted. Very challenging situation to be in.

argus7
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Re: ILR REFUSED APRIL 2015

Post by argus7 » Mon May 04, 2015 5:03 pm

grace4drace wrote:@Argus, so why was his case not picked up during his T1 extension or do you mean Hmrc records are only checked for ILR applications.

I really do hope he gets it sorted. Very challenging situation to be in.
Well true. But having no tax paid on £33000 self employed income was caught in time. OP should have checked tax records on time and made necessary amendments before applying for ILR.

hellonewhere
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Re: ILR REFUSED APRIL 2015

Post by hellonewhere » Mon May 04, 2015 5:40 pm

Bri2015 wrote:Hi Guys

I am able to book PEO now and Is it possible to take my favorite solicitor [This solicitor did not have to book PEO for me but very talented one] with me please?

Anyone done in the past

Thank you
Hi,

What difference would taking a solicitor with you make?.
You aren't being "charged" with a crime, therefore, having a solicitor or not isn't going to change anything.
The HO isn't going to ask your solicitor the questions.

The questions have to be answered by you. Your solicitor will only act on your instructions.

The solicitor cannot answer the questions for you; you have to do that yourself.
Upthread, I put across some legit questions to you and you avoided them. If myself as a common person can think of these questions, then HO who applies much more scrutiny to each cases, are bound to ask more questions. And now with all the changes, greater scrutiny are applied to each cases.

I appreciate that the questions are difficult and uncomfortable. But inorder for you to deal with the problem at hand, you need to consider them as the same questions will be raised by HO to you and you need to be prepared.

I wish you all the best. I understand it's a very stressful situation to be in.

grace4drace
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Re: ILR REFUSED APRIL 2015

Post by grace4drace » Mon May 04, 2015 7:10 pm

Bri2015 wrote:Hi Guys

Thank you for your replies

Tier 1 in 2010 - self employed [33 000, no records in HMRC] and PAYE [5600]
Tier 1 extension 2013 - self employed and PAYE
ILR - only PAYE

Now I dont have visa, But within 2 weeks since 28 / 04 / 2015 i need to do something.

Reason for refusal - no record in HMRC for self employed in 2010

Now another accountant amended tax return for year 2009 / 2010 and waiting for updates in HMRC to pay the tax.

Could I re apply ILR as a fresh copy once I paid the tax.

EXACT TEXT OF REFUSAL is

You previously submitted an application for further leave as a Tier1 category on 2010. claimed 33 000 from self employed and HMRC have no record for any self employed income this period. When we asked you about this in your interview, you said that your accountant took care of your tax affairs and that 'i dont know how tax works, that's why my accountant did it.' On the balance of probabilities it is not accepted that these earning are genuine.


What interview is being referred to? When did you have the interview, was this during your peo appointment?

argus7
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Re: ILR REFUSED APRIL 2015

Post by argus7 » Mon May 04, 2015 8:19 pm

grace4drace wrote:
Bri2015 wrote:Hi Guys

Thank you for your replies

Tier 1 in 2010 - self employed [33 000, no records in HMRC] and PAYE [5600]
Tier 1 extension 2013 - self employed and PAYE
ILR - only PAYE

Now I dont have visa, But within 2 weeks since 28 / 04 / 2015 i need to do something.

Reason for refusal - no record in HMRC for self employed in 2010

Now another accountant amended tax return for year 2009 / 2010 and waiting for updates in HMRC to pay the tax.

Could I re apply ILR as a fresh copy once I paid the tax.

EXACT TEXT OF REFUSAL is

You previously submitted an application for further leave as a Tier1 category on 2010. claimed 33 000 from self employed and HMRC have no record for any self employed income this period. When we asked you about this in your interview, you said that your accountant took care of your tax affairs and that 'i dont know how tax works, that's why my accountant did it.' On the balance of probabilities it is not accepted that these earning are genuine.


What interview is being referred to? When did you have the interview, was this during your peo appointment?
This is irrelevant now, What is important is to fix the issue, which the OP has to if he stands any chance, The TAX unpaid on 33000 pounds would also be investigated by HMRC considering it is 5 tax years behind.

vv76
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Re: ILR REFUSED APRIL 2015

Post by vv76 » Thu May 07, 2015 2:46 pm

Hi when did you apply for your visa? and when did you attend the interview ?

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CR001
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Re: ILR REFUSED APRIL 2015

Post by CR001 » Thu May 07, 2015 3:08 pm

vv76 wrote:Hi when did you apply for your visa? and when did you attend the interview ?
If you read the whole thread, you would see that the OP applied for ILR in person
Bri2015 wrote:I need help please

My ILR has been refused at PEO due to deception.

He mentioned it was not genuine income when i obtained Tier1 initial visa in 2010.

No appeal rights / admin review failed again.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

grace4drace
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Re: ILR REFUSED APRIL 2015

Post by grace4drace » Thu May 07, 2015 3:20 pm

vv76 wrote:Hi when did you apply for your visa? and when did you attend the interview ?
That was the same question I asked as he mentioned PEO and then mentioned interview which got me confused, as with what I know about recent applications at the PEO, you don't get to see the caseworker, so my guess is further enquiries letter was given to him and then subsequently called for an interview, just a guess though.

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