ILR refused for late amendments

Nice2MU wrote:Today, some people suggested me to go for fresh Postal apply before my visa expiry on 1st May 2016 instead of AR as there are maximum chances of being refused. I think I should get the visa then? Any comments or suggestions please.

if you are submitting anything new e.g. documents or your circumstances are changing then you should apply for new application. however, if you are going with same kind documents like tax etc. and all same supporting documents then you should not go with new application. mostly people have experienced that 50% of your case is depend on your caseworker. like at what angle he/she is looking.
anyway you have time untill 30th of April to reapply and in addtion 28 days as legal overstayer etc. then you can play a little nice gamble with your £80 and may you get luck.
is there anyone who have gone through AR process then please must share with us. and normally how long it takes to get the decesion and how applicant being notify about decesion by post or by email.

Thanks for your suggestion.

If you look at my case which clearly shows that the caseworker had missed my 2012 return and only considered the 2013 return. This is my assumptions but I am saying so because when she came to me she had straight-away told me that 'there are discrepancies in my 2013 return'. Had there any discrepancies in my 2013 then there must be discrepancies in my 2012 return as well as my half income was shown in 2012 return which she seems to me had ignored.

Now I have the chance of AR but I am not taking the risk because I am requesting to the same nuts. If it was court, then I would take the chances.

If my AR get refused, my visa would be expired by then. Though I can apply in 28 days grace period without being considered overstayed, but my right to work will be no more which would cost me more.

My fresh apply would also cost me money but at least I would be safe for work and I will not be declared overstayed at any point. Addition to that my 10 years would be near or approached (on 2nd Oct 2016, but one can apply 28 days before, so potentially it would be 5th Sep 2016). In addition to that, I would be able to explain the situation in detail (which I didn't explain before nor I submitted the Tax docs with application) and I would be able to get some clear documents from HMRC.

But I will drag them to court in JR as well which can be done while I am eligible for work and earning.

AR is a big trap and risk. There are many who got refused in AR or didn't apply AR and went to fresh applications with the same documents. I know one guy who was same in my situation got refusal in Sheffield and reapplied in Croydon and got the visa.

mk_engr wrote:
if you are submitting anything new e.g. documents or your circumstances are changing then you should apply for new application. however, if you are going with same kind documents like tax etc. and all same supporting documents then you should not go with new application. mostly people have experienced that 50% of your case is depend on your caseworker. like at what angle he/she is looking.
anyway you have time untill 30th of April to reapply and in addtion 28 days as legal overstayer etc. then you can play a little nice gamble with your £80 and may you get luck.
is there anyone who have gone through AR process then please must share with us. and normally how long it takes to get the decesion and how applicant being notify about decesion by post or by email.

Hello, Just for your kind consideration I have been refused ILR due to tax discrepancie. Filed AR got refused. Filed Pre Action Protocol and got ILR. My view if you carry on uptill Pre Action Protocol application it will work your way in most cases. If it doesn't work then think of fresh application with detailed documents obtained from HMRC. Hope you agree.
FROM ILR REFUSAL TO ILR APPROVAL it took about 4 months in my case.

Haimi123

Could you please send me email at

[Moderator edit: Personal contact detail removed]

I am in desperate help.

Haimi123 wrote:Hello, Just for your kind consideration I have been refused ILR due to tax discrepancie. Filed AR got refused. Filed Pre Action Protocol and got ILR. My view if you carry on uptill Pre Action Protocol application it will work your way in most cases. If it doesn't work then think of fresh application with detailed documents obtained from HMRC. Hope you agree.
FROM ILR REFUSAL TO ILR APPROVAL it took about 4 months in my case.

agree if someone confident then one should go for a JR side. however, if someone is near his/her 10 years then there is no need to mess with someone. as my case i am over 1 year away from 10 years then i beleive fresh application will be not my choice. again it depend on caseworker even in AR how they treat you.
and one question, are they paying your costs involved uptill PAP?
and
another question which i have asked to so many but could not found the reply. and hopefully you will

in exactly how many days you received your reply for AR and how did you received by post or email? and did they asked you for any extra documents for AR?

Hi, As far as I know nothing costs are paid uptill Pre Action Protocol.

AR decision received in around 25 days
AR decision received by post and no further documents were asked by Home Office in my case.

Haimi123 wrote:Hi, As far as I know nothing costs are paid uptill Pre Action Protocol.

AR decision received in around 25 days
AR decision received by post and no further documents were asked by Home Office in my case.

thanks for your reply mate,
just give me a favour, can you please tell me at what date you submit your online AR and the date you received the decesion of AR through post. look like it is annoying to you but i am just on the edge of 25 days, so can guide me little a bit but will help me a lot

Hi,

AR submission date 12th December
AR decision received 07th January

Haimi123 wrote:Hi,

AR submission date 12th December
AR decision received 07th January

that a lot for your reply
best of luck for your future

I applied for ILR Tier 1 (General) on end of January by P.E.O Croydon. They kept for further verification. I got refusal letter today only. I made a small mistake and amended my tax records on September. HMRC updated my records on mid of March 2016. Still HO refused without consider my amendments. They gave me option for 'Admin Review with in 14 days. But my visa already expired on mid of February. Within this 14 days can I apply fresh application with my all SA302s?

when you say mistake what do you mean !

my Friend is in similar situation, but his amendment was not done yet.

But he provided a letter from a account that the are in progress of correct the tax return.

If your visa expires then you could apply for another visa within 28 days. But now situation has been changed, so you have no option other than fight with them.

newuser2016 wrote:I applied for ILR Tier 1 (General) on end of January by P.E.O Croydon. They kept for further verification. I got refusal letter today only. I made a small mistake and amended my tax records on September. HMRC updated my records on mid of March 2016. Still HO refused without consider my amendments. They gave me option for 'Admin Review with in 14 days. But my visa already expired on mid of February. Within this 14 days can I apply fresh application with my all SA302s?

Nice2MU wrote:If your visa expires then you could apply for another visa within 28 days. But now situation has been changed, so you have no option other than fight with them.

newuser2016 wrote:I applied for ILR Tier 1 (General) on end of January by P.E.O Croydon. They kept for further verification. I got refusal letter today only. I made a small mistake and amended my tax records on September. HMRC updated my records on mid of March 2016. Still HO refused without consider my amendments. They gave me option for 'Admin Review with in 14 days. But my visa already expired on mid of February. Within this 14 days can I apply fresh application with my all SA302s?

but what i beleived if your visa expires and you are using 28 days time period, then you have no legal right to work.
anyone knows if i am right or wrong?
if that is the case then when why not use visa fee of £1900 to PAP rather then to same route where you were rejected.

Sir you are right but who knows what happens and when will all this be completed? If they refuse the PAP then what next? I am near my 10 years, then why should I break my chain? It is not the matter of money now but to secure oneself 1st. If the matter goes in the JR, then one has to wait for many months, until then one can't do any legal work. If I had not visa with me, then I would have no choice other than fight like cornered tiger....

I was thinking the same, but my solicitor and other friends has suggested me this way to suppress my emotion and anger at this stage. If I would have right to work, I can earn money again.

mk_engr wrote:
but what i beleived if your visa expires and you are using 28 days time period, then you have no legal right to work.
anyone knows if i am right or wrong?
if that is the case then when why not use visa fee of £1900 to PAP rather then to same route where you were rejected.

Nice2MU wrote:Sir you are right but who knows what happens and when will all this be completed? If they refuse the PAP then what next? I am near my 10 years, then why should I break my chain? It is not the matter of money now but to secure oneself 1st. If the matter goes in the JR, then one has to wait for many months, until then one can't do any legal work. If I had not visa with me, then I would have no choice other than fight like cornered tiger....

I was thinking the same, but my solicitor and other friends has suggested me this way to suppress my emotion and anger at this stage. If I would have right to work, I can earn money again.

mk_engr wrote:
but what i beleived if your visa expires and you are using 28 days time period, then you have no legal right to work.
anyone knows if i am right or wrong?
if that is the case then when why not use visa fee of £1900 to PAP rather then to same route where you were rejected.

anyway, what i have learned from caseworkers that they have no specific criteria to judge the applicants. they use diffrent strokes for diffrent folks. and most of all i hate these words from them "I am not satisfied ............" and refusing your application. these things need to be change. as we are paying hefty fees and taxes to them.

as per expectations. HO has refused my AR.

mk_engr wrote:as per expectations. HO has refused my AR.

Hi,
What is reason written on AR refusal letter ?

i am trying to find the reason myself seriously and hours of research from my immigration advisor we could not find one. same non sense reason 245CD.

Admin review assesses whether the case worker made any mistakes given the documentary evidence submitted.

Did you submit proofs from HMRC that your returns had been amended and proof of payment of all taxes due?

Well your case is simple at the time of application your ammended tax return wasn't updated thats the only reason you got refusal... you shuld hve submit your tax review statement if your return wasn't updated......i have cross many cases they have amended tax return year 2010/2011 and got ILR Approved....but the only difference was they have applied after their record updated in HMRC system....so.now hopefully your record has been updated you should be ok and you will get your ILR Approved granted.....its not rocket science people are getting refuse coz of their own mistakes....alwayz apply once your ammended return updated otherwise send via post.....Tax ammendments is not criminal offence...if one is ammending his return watever reason HO cannot refuse visa lawfully unless its not been updated.....so dear all thoseare upset please dnt worry u all will be ok...but make sure apply after HMRC system updated your return..

Wish you all best of luck....

Thanks

sunymalik wrote:Well your case is simple at the time of application your ammended tax return wasn't updated thats the only reason you got refusal... you shuld hve submit your tax review statement if your return wasn't updated......i have cross many cases they have amended tax return year 2010/2011 and got ILR Approved....but the only difference was they have applied after their record updated in HMRC system....so.now hopefully your record has been updated you should be ok and you will get your ILR Approved granted.....its not rocket science people are getting refuse coz of their own mistakes....alwayz apply once your ammended return updated otherwise send via post.....Tax ammendments is not criminal offence...if one is ammending his return watever reason HO cannot refuse visa lawfully unless its not been updated.....so dear all thoseare upset please dnt worry u all will be ok...but make sure apply after HMRC system updated your return..

Wish you all best of luck....

Thanks

Hi sunymalik,
The problem lies in update of HMRC record only HO says they have updated record until Jan 2015 and confusion is when next updated record they will have? If I amend my returns in Mid June 2016 and apply again for ILR in Feb 2017 would it be confirmed that HO will be able access updated records from HMRC ?

Can i ask why you want to ammend in june 2016....why not now????

I dnt know how long hmrc take to.update the record but once amendment has done hmrc send letter explaining in details all ammended tax calculation and you can use those letters as a proof.... otherwise print out tax review statement or ask your accountant to do that for you....

Thanks

sunymalik wrote:Can i ask why you want to ammend in june 2016....why not now????

I dnt know how long hmrc take to.update the record but once amendment has done hmrc send letter explaining in details all ammended tax calculation and you can use those letters as a proof.... otherwise print out tax review statement or ask your accountant to do that for you....

Thanks

Hi Suny,

I have already sent my amendment on 5thApril but HMRC says they will revert back to me in mid of June 2016,
That's why I need to wait for HMRC to reply me.

Haimi123 wrote:Hello, Just for your kind consideration I have been refused ILR due to tax discrepancie. Filed AR got refused. Filed Pre Action Protocol and got ILR. My view if you carry on uptill Pre Action Protocol application it will work your way in most cases. If it doesn't work then think of fresh application with detailed documents obtained from HMRC. Hope you agree.
FROM ILR REFUSAL TO ILR APPROVAL it took about 4 months in my case.

Hello Haimi,

I'm in the same boat with tax amendments , would be you able to suggest me what steps should I take to smoother my application.

regards,
Kumar

I am in the same boat .
My tax are amended after the application and before the refusal.
Going for AR .
Let see what happen