ILR rejection

Hi all

I have recently got refusal for my ILR application due to fault of HMRC tax return. I am going for Administration review. Can any body suggest what are the chances here for me?

Thanks

For anyone to give you any constructive feedback you would need to elaborate further. But if the reason for refusal is due to underpaid taxes or tax discrepancies in your employment history (which cannot be explained) it would be fare to say that an admin review is unlikely to result in a positive outcome. There are many cases on this forum which have resulted in refusals due to tax related discrepancies - you may want to search and read through them yourself.

Only you will know the precise refusal reason and your own employment history to be able to comment further.

sohampaul wrote:Hi all

I have recently got refusal for my ILR application due to fault of HMRC tax return. I am going for Administration review. Can any body suggest what are the chances here for me?

Thanks

what is the exact refusal?

Hi
In 2011/12 I have earned £1900 which my accountant have filed for tax and I have copy of of that tax return. But for some reason HMRC has registered as zero income for that year. My accouount has emailed HMRC to correct that error.
In that basis UKBA has rejected my application saying that I was dishonest during showing my income to HMRC. But ever year other than that was correct and tax fully paid. I am going for admin review. But if I get refused in that as well what is the other option?

sohampaul wrote:Hi
In 2011/12 I have earned £1900 which my accountant have filed for tax and I have copy of of that tax return. But for some reason HMRC has registered as zero income for that year. My accouount has emailed HMRC to correct that error.
In that basis UKBA has rejected my application saying that I was dishonest during showing my income to HMRC. But ever year other than that was correct and tax fully paid. I am going for admin review. But if I get refused in that as well what is the other option?

its not a big issue, you should contact hmrc and sort this out and get accountant letter and hmrc confirmation letter about this issue

Thank you for the responses. But during the administrative review I am not allowed to sent any evidence to the home office. So how should I provide UKBA those documents?

sohampaul wrote:Hi
In 2011/12 I have earned £1900 which my accountant have filed for tax and I have copy of of that tax return. But for some reason HMRC has registered as zero income for that year. My accouount has emailed HMRC to correct that error.
In that basis UKBA has rejected my application saying that I was dishonest during showing my income to HMRC. But ever year other than that was correct and tax fully paid. I am going for admin review. But if I get refused in that as well what is the other option?

After excluding £1900 is ur income still over the required threshold? Or by adding £1900 u reach ur threshold?

sohampaul wrote:In that basis UKBA has rejected my application saying that I was dishonest during showing my income to HMRC.

sohampaul wrote:But during the administrative review I am not allowed to sent any evidence to the home office. So how should I provide UKBA those documents?

You may send additional documents to refute deception allegations (AR 2.4).

Hi raju4u
Thanks for your response. I am still qualifying without that £1900. They only rejected because I have not shown that income to HMRC and they assumed that I was trying to aviod paying tax dishonestly.

Hi vinny
Thanks for that information.

Hi vinny
Thanks for that information.

sohampaul wrote:Hi vinny
Thanks for that information.

hi
could you contact at my email xxxxx

Moderator edit: personal email address removed for member's own security as spammers trawl this forum.

Hi
i am facing same and i was told to update HMRC record and after that go for fresh application, but i am not sure after admin review can i go for fresh application as my visa has been expired,
need help from seniors please

Hi

I have applied for Admin review. My visa going to expire on 26 Feb. If I get refusal in admin review I will go for judicial review. Can any one tell me if I am eligible to work during all these time?

My employer is asking me.

Thank you

Hi
you can work during Admin review but during JR you wont be able to .

what is the outcome of Admin Review? What are the next steps? Is it required to file the fresh application again or ILR will be granted overriding the refusal if things are sorted during the Admin Review process?

ukuserilr wrote:what is the outcome of Admin Review? What are the next steps? Is it required to file the fresh application again or ILR will be granted overriding the refusal if things are sorted during the Admin Review process?

Admin review is mostly same , 9 out of 10 refused or even 10 out 10, after that you can go either to JR or Fresh Application , or even both at same time as well and once ILR granted you can With draw your Fresh Application.

sohampaul wrote:Hi all

I have recently got refusal for my ILR application due to fault of HMRC tax return. I am going for Administration review. Can any body suggest what are the chances here for me?

Thanks

@sohampaul, sorry to hear about your problem. Have u made fresh application ? Have got amended SA302 from HMRC?
I sent my amend on 30/04/2016 & went to Croydon PEO on 24/05/2016 for SET(LR)- ilr, got refusal. Do not know what to do, got a 28 month sons ,Completely broke.
Some lawyer are saying to make fresh application / some saying appeal .But without the amend from HMRC , i do not see any point. Does anyone know how to get the amend quickly from HMRC? pls help.

Please let me know if anyone here knows good lawyer who are dealing / dealt with thi type of case & got +ve result. Pls help.

@ Prolay

Sorry to hear about your rejection. What was the reason you had to amend your records? Do you have good explanation/evidence if it was a genuine error? If yes, then I would suggest go for appeal. Fresh application is likely to be refused again under 322(5) or retrospectively declared income.

Guys Make an offical complain against HMRC via .gov.uk web. They ll reply with in 5 working days. Mine is same case and I am behind Hmrc they they it ll be updated within 2 weeks.. I am waiting for it now..Without doing complaint it was not possible to speed up the process to update of my tax return 2010.11.
Thx

Prolay wrote:

sohampaul wrote:Hi all

I have recently got refusal for my ILR application due to fault of HMRC tax return. I am going for Administration review. Can any body suggest what are the chances here for me?

Thanks

@sohampaul, sorry to hear about your problem. Have u made fresh application ? Have got amended SA302 from HMRC?
I sent my amend on 30/04/2016 & went to Croydon PEO on 24/05/2016 for SET(LR)- ilr, got refusal. Do not know what to do, got a 28 month sons ,Completely broke.
Some lawyer are saying to make fresh application / some saying appeal .But without the amend from HMRC , i do not see any point. Does anyone know how to get the amend quickly from HMRC? pls help.

Please let me know if anyone here knows good lawyer who are dealing / dealt with thi type of case & got +ve result. Pls help.

Hope your appeal goes through successfully. Keep all options open and check if Human rights and family rights can be applied here.