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ILR refused for late amendments

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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uffaisal
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Re: ILR Refused for late ammendments

Post by uffaisal » Wed Oct 12, 2016 11:34 am

mk_engr wrote:PAP refused too :x

hi mk_engr
any update on your case ??

uffaisal
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Location: London

Re: ILR Refused for late ammendments

Post by uffaisal » Fri Oct 21, 2016 2:52 pm

hi mk_engr
any update on your case ??

revanth667
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Re: ILR Refused for late ammendments

Post by revanth667 » Sat Oct 29, 2016 8:58 am

There is no standard on how UKVI considers applications with amendments. My friends have amended their taxes and got visa. Not one but 4-5 friends have done that. I am not sure why they use 'deception ' clause on others!

noajthan
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Re: ILR Refused for late ammendments

Post by noajthan » Sat Oct 29, 2016 9:15 am

revanth667 wrote:There is no standard on how UKVI considers applications with amendments. My friends have amended their taxes and got visa. Not one but 4-5 friends have done that. I am not sure why they use 'deception ' clause on others!
Probably because every case is different and is assessed on its merits and the evidence/information that is submitted.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

mk_engr
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Re: ILR refused for late amendments

Post by mk_engr » Sun Dec 11, 2016 11:05 am

Just a quick update, my permission for JR has been approved. it was an oral hearing. my barrister used some of grounds to defend my case, however, the ground in cheif was "HMRC is an independant HM's orgnisation if they have accepted my amendments then why HO is interfering in it and saying applicant is dishonest etc". and judge accepted it and granted the permission.

and please before asking silly questions like what is JR , oral hearing read this one first
https://www.gov.uk/government/collectio ... structions

london2007
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Re: ILR refused for late amendments

Post by london2007 » Sun Dec 11, 2016 11:56 am

mk_engr wrote:Just a quick update, my permission for JR has been approved. it was an oral hearing. my barrister used some of grounds to defend my case, however, the ground in cheif was "HMRC is an independant HM's orgnisation if they have accepted my amendments then why HO is interfering in it and saying applicant is dishonest etc". and judge accepted it and granted the permission.

and please before asking silly questions like what is JR , oral hearing read this one first
https://www.gov.uk/government/collectio ... structions

congrats...have a happy days....

manjunathhr
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Re: ILR refused for late amendments

Post by manjunathhr » Mon Dec 12, 2016 2:32 am

Hi mk
Could you pls tell us after JR approvals how long
HO took time ... Pls mention dates

ukishometoo
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Re: ILR refused for late amendments

Post by ukishometoo » Fri Dec 16, 2016 1:16 pm

mk_engr wrote:Just a quick update, my permission for JR has been approved. it was an oral hearing. my barrister used some of grounds to defend my case, however, the ground in cheif was "HMRC is an independant HM's orgnisation if they have accepted my amendments then why HO is interfering in it and saying applicant is dishonest etc". and judge accepted it and granted the permission.

and please before asking silly questions like what is JR , oral hearing read this one first
https://www.gov.uk/government/collectio ... structions
Hi mk_engr

This is really good news, could you please share a bit more on what is happening now since your JR permission is accepted, is HO reviewing your case and will grant you the ILR now?

Many thanks

Happy85
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India

Re: ILR refused for late amendments

Post by Happy85 » Tue Dec 27, 2016 8:54 pm

mk_engr wrote:Just a quick update, my permission for JR has been approved. it was an oral hearing. my barrister used some of grounds to defend my case, however, the ground in cheif was "HMRC is an independant HM's orgnisation if they have accepted my amendments then why HO is interfering in it and saying applicant is dishonest etc". and judge accepted it and granted the permission.

and please before asking silly questions like what is JR , oral hearing read this one first
https://www.gov.uk/government/collectio ... structions
hi i applied in august 2016, my bio-metric done in august as well .
but problem is i had amendments for 2010-2011 which i sort out with hmrc. i'm paying every month for hmrc, when i extend my visa i paid tax for that year. only problem is 2010-11 now HMRC is happy i'm paying installments but i know about HOME OFFICER Will be consider my visa , HO grant me ILR or not, pls let me know. many thanks
rajesh

Happy85
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India

Re: ILR refused for late amendments

Post by Happy85 » Thu Dec 29, 2016 10:16 pm

mk_engr wrote:Just a quick update, my permission for JR has been approved. it was an oral hearing. my barrister used some of grounds to defend my case, however, the ground in cheif was "HMRC is an independant HM's orgnisation if they have accepted my amendments then why HO is interfering in it and saying applicant is dishonest etc". and judge accepted it and granted the permission.

and please before asking silly questions like what is JR , oral hearing read this one first
https://www.gov.uk/government/collectio ... structions
hi
can you give us some information about your case, when you apply and which year was amendment tax year
how you pay to hmrc full or installments, or when you apply first by post or not.
plz give us full details.
many thanks

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CR001
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South Africa

Re: ILR refused for late amendments

Post by CR001 » Thu Dec 29, 2016 10:26 pm

Happy85 wrote:
mk_engr wrote:Just a quick update, my permission for JR has been approved. it was an oral hearing. my barrister used some of grounds to defend my case, however, the ground in cheif was "HMRC is an independant HM's orgnisation if they have accepted my amendments then why HO is interfering in it and saying applicant is dishonest etc". and judge accepted it and granted the permission.

and please before asking silly questions like what is JR , oral hearing read this one first
https://www.gov.uk/government/collectio ... structions
hi
can you give us some information about your case, when you apply and which year was amendment tax year
how you pay to hmrc full or installments, or when you apply first by post or not.
plz give us full details.
many thanks
This topic/thread was started by mk_engr. Suggest read through it from page 1 :idea:

http://www.immigrationboards.com/indefi ... l#p1328612
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.

vsk
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Re: ILR refused for late amendments

Post by vsk » Mon Jan 30, 2017 8:48 pm

Hi Mk_Engr,

Any updates on your JR hearing ?

masterpeas
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Vietnam

Re: ILR Refused for late ammendments

Post by masterpeas » Thu Feb 02, 2017 11:33 pm

Abc499 wrote:@PDK2016
I know it is applicant responsibility to make sure all return accurately submitted but still I think accountant letter explaining this will add something. As nothing more to lose, you give try then with fresh app as you are not going backward from where you are now.
Hi Abc499, how would accountant admit missing filling for us? that will threaten their chartered accountant title, wont' it? I approached my accountant and he did not want to do anything but only late file any missed tax return. He said i can write a personal cover letter, thats all....

:cry: any other thoughts please? I am so lost in how to write a strong cover letter to explain why tax was not filled correctly initially. it seems 322(5) has put a lot of people in danger!!

GOD BLESS US ALL...

SM03KUW
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Re: ILR refused for late amendments

Post by SM03KUW » Sun Mar 19, 2017 10:56 am

Hi Seniors,

From your experience please suggest me future action.
I came in this country in 2007 on student visa, after that PSW and Tier 1 General till 21/05/2016.
I have applied for FLR (O) which is still under process and recently I had interview in which HO ask each and every question about tax amendment. I had tax amendments for year 2010-11 & 2012-13 which is updated in HMRC and I am paying by DD, I have also send updated tax document to HO after posting my postal application.

Now I am varying my FLR (O) to FLR (LR), is there any chance HO can reject variation?
And if HO gives rejection on FLR (O) based on deception (even through tax amendment was sent before posting application), can I still apply for FLR (LR), as a fresh application?

Thanks in advance.

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Casa
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Re: ILR refused for late amendments

Post by Casa » Sun Mar 19, 2017 11:01 am

If your ILR application is refused due to tax amendments any subsequent application under long residence will also fail.
(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.

SM03KUW
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Re: ILR refused for late amendments

Post by SM03KUW » Sun Mar 19, 2017 3:51 pm

Thanks casa,

If I get rejection on SET (o), and if I apply for SET (LR), in that case what would be my working status.
Would I get right to appeal in case of rejection on SET (LR). Thanks

ouflak1
Senior Member
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Re: ILR refused for late amendments

Post by ouflak1 » Mon Mar 20, 2017 12:27 pm

SM03KUW wrote:Thanks casa,

If I get rejection on SET (o), and if I apply for SET (LR), in that case what would be my working status.
Would I get right to appeal in case of rejection on SET (LR). Thanks
They are looking at tax issues for all applications, even non-Tier 1, non-ILR. If you were rejected for those reasons previously, it's hard to imagine you won't get the same result again.

ez_1234
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Re: ILR refused for late amendments

Post by ez_1234 » Wed Mar 22, 2017 1:11 am

Hi guys,

Quite surprised by the number of tax amendment cases while trawling through various topics and forum. I received a letter like so many others asking to fill up a questionnaire and inviting me to submit sa302 and tax year overview with audited/unaudited company accounts. Got this letter before few days.

My case - I was self employed during initial HSMP application. IT - Education consultant. 2010-2011.

Extension - Self-employed + Company director 2012-2013 with income from self-employed and dividends from company shown during my extension.

Amendment Issue is My tax year for company was from 1 Jan 2012 to 31 Dec 2012 but my visa 12 month income period was from 1 April 2012 - 31 March 2013 for extension. Because my regular accountant was not Acca approved I had to do my tax filing for visa from a different accountant. So everything in place for 1st March 2012 - till 31 December 2012. For some reason my company account was shown as dormant from 1st Jan 2013 to 31st March 2013 the period for which I had shown my income during my extension. So I had to amend figures for those three months.

My company was functional till I applied for ilr in may 2016 and again I have shown part of my income from that + Salary. While preparing documents for visa I just had a cursory check on old sa302 and found some discrepancy. Then back tracked and figured out where the issue really was. Immediately cancelled my peo and applied for by post in may2016 and in the meantime got the tax amended.

I couldn't believe my eyes from the posts I have seen on this forum where so many applications are rejected primarily due to oversight and genuine mistakes.

For me HMRC didn't provide updated sa302 although it has been 11 months since I updated the record and paid all the remaining tax etc. But I been in touch with them couple of days ago and presume they will send me revised returns.

Any advice on what could be done, if anything at all to ensure successful application is much appreciated.


Seen few posts by handle monty87, mk_engr and couple other who fought their cases in jr. any advice from these guys would be invaluable.

strada
Junior Member
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Re: ILR refused for late amendments

Post by strada » Wed Mar 22, 2017 7:27 am

Hi All,

Advice needed here.

My ILR was refused after 13months of waiting and interview . I need the gurus to advise me on the way forward.

The reasons given were
1) Accountant error on my cost of sales
2) Advertising cost on P/L
3) Tax amendment issue - I had amended the previous one and I currently have a DD payment to HMRC.

In light of the issues am confused as to the next step to take should I go for the AR or do a fresh application or apply under FLR (M) as am also married to a British citizen.

My accountant and Lawyer messed me up big time.

tom.draper
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Posts: 40
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Re: ILR refused for late amendments

Post by tom.draper » Wed Mar 22, 2017 10:36 am

strada wrote:Hi All,

Advice needed here.

My ILR was refused after 13months of waiting and interview . I need the gurus to advise me on the way forward.

The reasons given were
1) Accountant error on my cost of sales
2) Advertising cost on P/L
3) Tax amendment issue - I had amended the previous one and I currently have a DD payment to HMRC.

In light of the issues am confused as to the next step to take should I go for the AR or do a fresh application or apply under FLR (M) as am also married to a British citizen.

My accountant and Lawyer messed me up big time.
Sorry to hear that strada.

what's the exact clause home office gave for the refusal?

and what were the mistakes done by your accountant & solicitor.

your experience would be helpful for us.

paboluuk
Junior Member
Posts: 61
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Re: ILR refused for late amendments

Post by paboluuk » Wed Mar 22, 2017 11:40 am

Sorry to here @strada.

Have the HO gave provision to challenge this on AR or JR. what's your visa validity ?

jarraj1102
Junior Member
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Re: ILR refused for late amendments

Post by jarraj1102 » Wed Mar 22, 2017 2:17 pm

strada wrote:Hi All,

Advice needed here.

My ILR was refused after 13months of waiting and interview . I need the gurus to advise me on the way forward.

The reasons given were
1) Accountant error on my cost of sales
2) Advertising cost on P/L
3) Tax amendment issue - I had amended the previous one and I currently have a DD payment to HMRC.

In light of the issues am confused as to the next step to take should I go for the AR or do a fresh application or apply under FLR (M) as am also married to a British citizen.



My accountant and Lawyer messed me up big time.

Hi Strada,

Sorry to hear the news. I have waiting to hear a good news from you considering HO called you and apologized for the delay in making a decision on your application.

I sincerely think you have a strong case for AR .

Could you please tell me the points 1 & 2 raised by HO were they from the current employment or from previous employment?

Regards

Raj

strada
Junior Member
Posts: 69
Joined: Thu Sep 15, 2016 6:32 pm

Re: ILR refused for late amendments

Post by strada » Wed Mar 22, 2017 8:50 pm

jarraj1102 wrote:
strada wrote:Hi All,

Advice needed here.

My ILR was refused after 13months of waiting and interview . I need the gurus to advise me on the way forward.

The reasons given were
1) Accountant error on my cost of sales
2) Advertising cost on P/L
3) Tax amendment issue - I had amended the previous one and I currently have a DD payment to HMRC.

In light of the issues am confused as to the next step to take should I go for the AR or do a fresh application or apply under FLR (M) as am also married to a British citizen.



My accountant and Lawyer messed me up big time.

Hi Strada,

Sorry to hear the news. I have waiting to hear a good news from you considering HO called you and apologized for the delay in making a decision on your application.

I sincerely think you have a strong case for AR .

Could you please tell me the points 1 & 2 raised by HO were they from the current employment or from previous employment?

Regards

Raj

Hi Raj / Tom,

Points 1 and 2 are from the recent application. It's a bit of an unusual one, as I never saw the P&L the accountant prepared, he sent it to my Lawyer who sent a poorly prepared application to the HO. Basically if you say you sold 2 laptops worth £4,000 to your client. In preparing the Profit/Loss, in the cost of sales section you put £1,000 there. How can that be explained?

Wanderer
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Posts: 10511
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Ireland

Re: ILR refused for late amendments

Post by Wanderer » Wed Mar 22, 2017 8:53 pm

strada wrote:
jarraj1102 wrote:
strada wrote:Hi All,

Advice needed here.

My ILR was refused after 13months of waiting and interview . I need the gurus to advise me on the way forward.

The reasons given were
1) Accountant error on my cost of sales
2) Advertising cost on P/L
3) Tax amendment issue - I had amended the previous one and I currently have a DD payment to HMRC.

In light of the issues am confused as to the next step to take should I go for the AR or do a fresh application or apply under FLR (M) as am also married to a British citizen.



My accountant and Lawyer messed me up big time.

Hi Strada,

Sorry to hear the news. I have waiting to hear a good news from you considering HO called you and apologized for the delay in making a decision on your application.

I sincerely think you have a strong case for AR .

Could you please tell me the points 1 & 2 raised by HO were they from the current employment or from previous employment?

Regards

Raj

Hi Raj / Tom,

Points 1 and 2 are from the recent application. It's a bit of an unusual one, as I never saw the P&L the accountant prepared, he sent it to my Lawyer who sent a poorly prepared application to the HO. Basically if you say you sold 2 laptops worth £4,000 to your client. In preparing the Profit/Loss, in the cost of sales section you put £1,000 there. How can that be explained?
Did you sign the accounts off as true and accurate?
An chéad stad eile Stáisiún Uí Chonghaile....

strada
Junior Member
Posts: 69
Joined: Thu Sep 15, 2016 6:32 pm

Re: ILR refused for late amendments

Post by strada » Thu Mar 23, 2017 9:41 am

Wanderer wrote:
strada wrote:
jarraj1102 wrote:
strada wrote:Hi All,

Advice needed here.

My ILR was refused after 13months of waiting and interview . I need the gurus to advise me on the way forward.

The reasons given were
1) Accountant error on my cost of sales
2) Advertising cost on P/L
3) Tax amendment issue - I had amended the previous one and I currently have a DD payment to HMRC.

In light of the issues am confused as to the next step to take should I go for the AR or do a fresh application or apply under FLR (M) as am also married to a British citizen.



My accountant and Lawyer messed me up big time.

Hi Strada,

Sorry to hear the news. I have waiting to hear a good news from you considering HO called you and apologized for the delay in making a decision on your application.

I sincerely think you have a strong case for AR .

Could you please tell me the points 1 & 2 raised by HO were they from the current employment or from previous employment?

Regards

Raj

Hi Raj / Tom,

Points 1 and 2 are from the recent application. It's a bit of an unusual one, as I never saw the P&L the accountant prepared, he sent it to my Lawyer who sent a poorly prepared application to the HO. Basically if you say you sold 2 laptops worth £4,000 to your client. In preparing the Profit/Loss, in the cost of sales section you put £1,000 there. How can that be explained?
Did you sign the accounts off as true and accurate?
Hi Wanderer,

Just looked at the P/L. I never signed it.

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