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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

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CR001
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Re: ILR REFUSED APRIL 2015

Post by CR001 » Thu May 07, 2015 3:22 pm

They can interview at PSC if necessary. It could also have been during the general discussion and admission of his paperwork. It does not mean specifically an 'interview' and OP could have used the term loosely, so no point in speculating as the point is, OP was refused and he has no right of appeal and no valid visa.
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Re: ILR REFUSED APRIL 2015

Post by vv76 » Thu May 07, 2015 3:50 pm

Has anyone been called to appear at a PEO after submitting ILR application form ?

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Re: ILR REFUSED APRIL 2015

Post by vv76 » Thu May 07, 2015 4:03 pm

hi Bri2015, when did you attend the interview? did they give you a refusal letter straight after the interview? or did you get it through post? how long after interview did you get the letter through post?

iffi786
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Re: ILR REFUSED APRIL 2015

Post by iffi786 » Thu May 07, 2015 4:11 pm

Hi croo1 assume same thing happen to someone elase but if still he got valid visa what HO options give ?
Thank

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CR001
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Re: ILR REFUSED APRIL 2015

Post by CR001 » Thu May 07, 2015 4:15 pm

Generally if someone still has a valid visa and ILR is refused, it should not impact it and the person could continue on the leave they have. If deception is uncovered, then it might be a different scenario and the person might face some in depth scrutiny on past applications.
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Re: ILR REFUSED APRIL 2015

Post by KASHIF830 » Thu May 07, 2015 4:24 pm

CR001 wrote:Generally if someone still has a valid visa and ILR is refused, it should not impact it and the person could continue on the leave they have. If deception is uncovered, then it might be a different scenario and the person might face some in depth scrutiny on past applications.
Hi Cr001

But why OP has not give right of appeal. And how many days visa should be vaild for appeal .

Thanks
Regards
Kashif

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Re: ILR REFUSED APRIL 2015

Post by iffi786 » Thu May 07, 2015 6:54 pm

Hi croo1 I mean to say on ilr ....visa is stll valid for 3 years and ilr is refused due to lass tax paid in previous applications then HO give the right of appeal or it will give time to sort this out and apply again beacse still visa valid
thsnks

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Re: ILR REFUSED APRIL 2015

Post by smeer123 » Thu May 07, 2015 8:06 pm

iffi786 wrote:Hi croo1 I mean to say on ilr ....visa is stll valid for 3 years and ilr is refused due to lass tax paid in previous applications then HO give the right of appeal or it will give time to sort this out and apply again beacse still visa valid
thsnks



My frnd....appeal has been completely removed frm all pbs categories......no more right to appeal frm 6th april.....n if its deception den dey might curtail rest visa period.....so sort out before u apply

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Re: ILR REFUSED APRIL 2015

Post by Bri2015 » Thu May 07, 2015 9:50 pm

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

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Re: ILR REFUSED APRIL 2015

Post by iffi786 » Thu May 07, 2015 11:23 pm

guys one question shoid I go for ilr on 5 years tier 1 or next year I completing 10 yres in 10 years I think thry dont check tex issues

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Re: ILR REFUSED APRIL 2015

Post by grace4drace » Fri May 08, 2015 6:22 am

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

Bri, so what have you done about your case, I believe you are now approaching your 28 day limit.

Also to be honest, I am surprised that a case worker mentioned to you that he checks every applicant, even if does.

Wish you all the best in your application and hope you get it sorted soon.

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Re: ILR REFUSED APRIL 2015

Post by vv76 » Fri May 08, 2015 8:47 am

Bri2015 did they give you a 10 year re-entry ban for deception?

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Re: ILR REFUSED APRIL 2015

Post by cs95tdg » Fri May 08, 2015 8:49 am

iffi786 wrote:guys one question shoid I go for ilr on 5 years tier 1 or next year I completing 10 yres in 10 years I think thry dont check tex issues
It's incorrect to think that the HO will not check your tax history with HMRC if you apply under the long residence route. They do these checks irrespective of the route you apply under.

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Re: ILR REFUSED APRIL 2015

Post by grace4drace » Fri May 08, 2015 9:26 am

https://www.whatdotheyknow.com/request/ ... onse_times

It looks like that was for applications in 2011, so things could have changed. I agree, irrespective of PEO or postal, the application could be checked, although ukba's response there seems to suggest that they contact hmrc for this information as opposed to checking some databases themselves.

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Re: ILR REFUSED APRIL 2015

Post by mnaeem126 » Fri May 08, 2015 11:37 am

10yrs would be better if you have not paid due tax. If no tax issue then 5 yrs.

iffi786
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Re: ILR REFUSED APRIL 2015

Post by iffi786 » Mon May 18, 2015 12:36 am

Bri hsvd u sort out vids prb

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Re: ILR REFUSED APRIL 2015

Post by argus7 » Mon May 18, 2015 11:41 am

mnaeem126 wrote:10yrs would be better if you have not paid due tax. If no tax issue then 5 yrs.
Please dont provide false information. HO will check tax records all the time irrespective of the visa in doubt.

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Re: ILR REFUSED APRIL 2015

Post by vin123 » Tue May 19, 2015 1:03 pm

This has been discussed many times here, and I think it is still worth repeating.

UKBA Case workers are trained to read validity, originality and context of HMRC documents with reference to your ILR application.

If you are claiming income, this could only come from two(2) sources

a) income from self-employment (tax return statements)
b) income from employment ( P60 / P45)

To demonstrate income: Please make sure you take originals of

a) dividend statements AND/OR
b) payslips

To demonstrate tax paid: please make sure you take original copies of

a) Originals of Self assessment tax return statements (transmitted acknowledgement from accountants) AND/OR
b) P60/P45 - showing consolidate income and tax paid under it.


If you submit documents and it does not make 'sense' to Case workers (in OP's case) - they will refer to a separate team.
This team will cross check your national insurance records with income claimed and tax paid, before making a final decision.

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Re: ILR REFUSED APRIL 2015

Post by argus7 » Tue May 19, 2015 1:44 pm

Fair points vin123,

But in case of OP, it is clear from his posts that SE income of 33000 was not even declared to HMRC after HO approved his visa on that basis.

so the fault lies with the OP responsibility. Also people with employment income have missing HMRC employment history , which is evident that fraudulent companies have not declared PAYE tax and NI to HMRC, which puts the applicant at risk and a rejection on grounds of deception under 322(2).

What can an applicant do in this case?

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Re: ILR REFUSED APRIL 2015

Post by vin123 » Tue May 19, 2015 3:31 pm

To be honest - there is no point in passing the blame to the accountant.

If you are a responsible employee or director - you will make sure your tax files are uptodate.

"Faulting the accountant", is a general trend I have seen in these boards - and in my opinion & experience it is to cover either financial irregularity or fraudulent/fabricated evidences as paperworks submitted to UKBA that lead to rejection.

In other words, I get really surprised when someone says my accountant did not pay my tax...

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Re: ILR REFUSED APRIL 2015

Post by naveediiqbal » Tue May 19, 2015 3:44 pm

vin123 wrote:To be honest - there is no point in passing the blame to the accountant.

If you are a responsible employee or director - you will make sure your tax files are uptodate.

"Faulting the accountant", is a general trend I have seen in these boards - and in my opinion & experience it is to cover either financial irregularity or fraudulent/fabricated evidences as paperworks submitted to UKBA that lead to rejection.

In other words, I get really surprised when someone says my accountant did not pay my tax...
agreed as tax returns are the applicant ultimate responsibility and accountant is there just to help but in case of any mistakes the applicant should monitor and reconcile things on timely basis.

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Re: ILR REFUSED APRIL 2015

Post by harymirch » Wed Jun 03, 2015 2:17 am

Hi, IF YOU DONT MIND CAN YOU PLEASE TELL THAT DIDNT YOU SUBMIT THE TAX RETURNS OF 2010 OR YOU DID WHAT EVER WOULD HAVE BEEN THE SOURCE OF EARNINGS AT THAT TIME?
THANKS.

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Re: ILR REFUSED APRIL 2015

Post by epa123 » Wed Jun 03, 2015 8:03 am

I dont know abt helping on VISA but HMRC is very quick now days. but you will have to pay TAX, fine and interest etc best to call them and find out how much it will be even agree on a payment term .

If you registered they should have send you a reminder to pay/do self assessment tax etc. did you ignore all of that or didn't register at all ?

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Re: ILR REFUSED APRIL 2015

Post by knidas123 » Tue Jul 07, 2015 5:33 pm

iffi786 wrote:pm m ur num one of friend got same prb and in appeal he won
I got same issue please email me details Email
I really need help thanks

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Last edited by CR001 on Sat Jul 11, 2015 2:30 pm, edited 1 time in total.
Reason: removal of personal contact information

knidas123
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Re: ILR REFUSED APRIL 2015

Post by knidas123 » Tue Jul 07, 2015 5:39 pm

iffi786 wrote:pm m ur num one of friend got same prb and in appeal he won
I got same issue please email me details Email

I really need help thanks

Moderator Edit
Last edited by CR001 on Sat Jul 11, 2015 2:30 pm, edited 1 time in total.
Reason: removal of personal contact information

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