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ILR refused 322(5) please help with advice

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

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Aslad_2016
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ILR refused 322(5) please help with advice

Post by Aslad_2016 » Mon May 30, 2016 11:40 am

HI GUYS

MY ILR IS REFUSED ONLY BECAUSE OF LATE AMENDMENTS EVEN THOUGH I AM IN A REGULAR PAYMENT PLAN WITH HMRC SINCE APRIL 2015. THATS WHEN IT WAS AMENDED AND MY ILR GOT REFUSED ON 26TH MAY 2016

I AM APPLYING FOR AR

CAN YOU PLEASE HELP ME HOW TO CHALLENGE THIS?

REASONS FOR LATE AMENDMENTS, I HAD KNEE SURGERIES PLUS ACCOUNTANT ERROR SO IT WENT UNNOTICED HOWEVER I VOLUNTARILY CONTACTED HMRC AND SORTED THIS IN 2015

HO IS ASKING WHY DID YOU WAIT 4 YEARS TO AMEND??

PLEASE HELP..

Abc499
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Re: ILR REFUSED 322 5 PLEASE HELP WITH ADVICE

Post by Abc499 » Mon May 30, 2016 11:47 am

Just wondering to get some more info, then others might get more clear idea about the issue.

1. Did you amend for 2011 only?
2. all the others years submission was OK?

Hopefully you will win as at least all taxes was clear more than a year back before apply. If its amendment for one Year only then might be possible to say that its genuine mistake. Its tough to predict anything about this tax issue. Some approved even after amending both initial and extension and some getting refused.

Hope you will find a way to exit from this.

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Casa
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Re: ILR REFUSED 322 5 PLEASE HELP WITH ADVICE

Post by Casa » Mon May 30, 2016 11:55 am

Search the forum for similar cases of refusal, there are many in the same situation. The following thread is just one example:
http://www.immigrationboards.com/uk-tie ... 10063.html
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

vinny
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Re: ILR REFUSED 322 5 PLEASE HELP WITH ADVICE

Post by vinny » Mon May 30, 2016 11:56 am

Aslad_2016, there's no need to shout.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

noajthan
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Re: ILR REFUSED 322 5 PLEASE HELP WITH ADVICE

Post by noajthan » Mon May 30, 2016 12:08 pm

Kindly observe Board T&Cs and refrain from SHOUTING.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

psc_ilr1003
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Re: ILR refused 322(5) please help with advice

Post by psc_ilr1003 » Mon May 30, 2016 2:24 pm

any luck

noajthan
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Re: ILR refused 322(5) please help with advice

Post by noajthan » Mon May 30, 2016 2:42 pm

psc_ilr1003 wrote:any luck
There seems little point to this padding post apart from padding, which is against Board T&Cs.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Casa
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Re: ILR refused 322(5) please help with advice

Post by Casa » Mon May 30, 2016 2:50 pm

noajthan wrote:
psc_ilr1003 wrote:any luck
There seems little point to this padding post apart from padding, which is against Board T&Cs.
Member has also been warned against padding in this thread.
http://www.immigrationboards.com/indefi ... 88054.html
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Aslad_2016
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Re: ILR refused 322(5) please help with advice

Post by Aslad_2016 » Tue May 31, 2016 7:06 pm

thank you guys for responding, sorry i don't know what moderators meant by me shouting.

there are 2 reasons of this genuine mistake.

reason 1: i had serious issues with knee and hip due to traumatic injury, snapping hip syndrome and fully torn meniscus, had surgery too so i was not focusing well on whats going on. (i have ample nhs paperwork treatment from 2012 to end of 2013)

reason 2: my previous accountant used my innocence and lack of subject knowledge regarding self assessment. he has taken my money until I got a letter from HMRC in 2014 about the changes. then i spend several months tracing my previous accountant and could not get hold of him, then I used an other accounting firm in 2015 to amend my returns since then I am paying hmrc same amount which I declared to HO in the first place while obtaining visa. (as I received HMRC query in 2014. i sent plenty of emails which I can produce to prove I was chasing accountant however he did not responded.)

I need to prove to HO that It was a genuine error. both amendments were done in 2015. however I voluntary contacted HMRC and sorted this

what do you think about my chances of winning the case? :(

sunny_sunny
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Re: ILR refused 322(5) please help with advice

Post by sunny_sunny » Wed Jun 01, 2016 3:01 pm

No one can predict it.
Best option would be to build a clear case with all the documents in order and go through a good lawyer.
It all depends on how you can convince them it was a genuine error.

f317633
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Re: ILR refused 322(5) please help with advice

Post by f317633 » Wed Jun 01, 2016 3:40 pm

Aslad_2016 wrote:HI GUYS

MY ILR IS REFUSED ONLY BECAUSE OF LATE AMENDMENTS EVEN THOUGH I AM IN A REGULAR PAYMENT PLAN WITH HMRC SINCE APRIL 2015. THATS WHEN IT WAS AMENDED AND MY ILR GOT REFUSED ON 26TH MAY 2016

I AM APPLYING FOR AR

CAN YOU PLEASE HELP ME HOW TO CHALLENGE THIS?

REASONS FOR LATE AMENDMENTS, I HAD KNEE SURGERIES PLUS ACCOUNTANT ERROR SO IT WENT UNNOTICED HOWEVER I VOLUNTARILY CONTACTED HMRC AND SORTED THIS IN 2015

HO IS ASKING WHY DID YOU WAIT 4 YEARS TO AMEND??

PLEASE HELP..
Sorry to hear about the refusal.

Did you amend your tax return for both years or just one?

Did you submit the amended tax returns to the case worker?

Did you apply as salaried or self employed?

noajthan
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Re: ILR refused 322(5) please help with advice

Post by noajthan » Wed Jun 01, 2016 4:29 pm

Aslad_2016 wrote:thank you guys for responding, sorry i don't know what moderators meant by me shouting.
See Board guidance
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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