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ILR Refused Need Advise
Posted: Fri Nov 13, 2015 10:15 pm
by zee716
Hi,
I applied for the ILR on the basis of long residency ( i.e 10 years). I went to the PEO (Cardiff) on 12 Sept 2015 but my Visa was refused. The objection they raised are the income i showed for the Tier 1 general and the income declared to the HMRC are not same.
The Points they mentioned that:
Income showed to the Home Office through self employment are £21,153 and income showed to the HMRC is £14,326 for the Tax year 2010-2011.
They Mentioned on the refusal letter that "You have used deception on previous application for leave to remain in the united kingdom, Your Application falls for the Refusal under paragraph 322(2) of the Immigration rules.
I have send the amended tax return to the HMRC after refusal waiting for their response. I am not sure even after paying the Tax I will get the ILR or not.
They give me the right to appeal to the First Tribunal within 14 days. I applied for the Appeal and paid their fees.
How long i have to wait for the Appeal? Would i be able to secure the ILR after paying all the due tax and it's just a gamble.
Any advise or suggestions would be highly appreciated. Thanks in Advance
Regards
Zeeshan.
Re: ILR Refused Need Advise
Posted: Fri Nov 13, 2015 10:29 pm
by bluecandi
Sorry to hear that Zeeshan.
My friend extension was refused on similar ground in 2013 and he appealed. He eventually won the case in upper tribunal. He had similar issues with income tax, he declared it correctly to hmrc.
Did they call HMRC to check your declared income?
Regards
Re: ILR Refused Need Advise
Posted: Sun Nov 15, 2015 9:35 am
by ilrvisanow
did you pay the difference to hmrc?
Re: ILR Refused Need Advise
Posted: Sun Nov 15, 2015 10:44 am
by zee716
I am waiting for the HMRC Response. It take quite long to get the response from HMRC.
Re: ILR Refused Need Advise
Posted: Sun Nov 15, 2015 5:33 pm
by bluecandi
zee716 wrote:I am waiting for the HMRC Response. It take quite long to get the response from HMRC.
When did you send your amendments?
Re: ILR Refused Need Advise
Posted: Sun Nov 15, 2015 7:19 pm
by zee716
I sent the tax returns on 12 oct.
Re: ILR Refused Need Advise
Posted: Sun Nov 15, 2015 7:28 pm
by Casa
Why did you under-declare almost £7,000 of earnings to HMRC for tax? Amendments now may not absolve you of deception.
Re: ILR Refused Need Advise
Posted: Sun Nov 15, 2015 8:35 pm
by Wanderer
Casa wrote:Why did you under-declare almost £7,000 of earnings to HMRC for tax? Amendments now may not absolve you of deception.
Tax fiddle - obvious!!
Re: ILR Refused Need Advise
Posted: Sun Nov 15, 2015 8:46 pm
by Casa
Wanderer wrote:Casa wrote:Why did you under-declare almost £7,000 of earnings to HMRC for tax? Amendments now may not absolve you of deception.
Tax fiddle - obvious!!
Spidey senses tingling Wanderer?
Re: ILR Refused Need Advise
Posted: Sun Nov 15, 2015 9:31 pm
by noajthan
It's probably quite prudent to
Render unto Caesar the things that are Caesar's
especially when 'Caesar' can decide whether or not to grant ILR, citizenship & etc.
Re: ILR Refused Need Advise
Posted: Mon Nov 16, 2015 8:31 am
by quadusa
zee716 wrote:
The Points they mentioned that:
Income showed to the Home Office through self employment are £21,153 and income showed to the HMRC is £14,326 for the Tax year 2010-2011.
Supposing you declared £14,326 to the HO in 2010-11, will this amount be sufficient to get your FLR then?
Re: ILR Refused Need Advise
Posted: Mon Nov 16, 2015 9:02 am
by Casa
quadusa wrote:zee716 wrote:
The Points they mentioned that:
Income showed to the Home Office through self employment are £21,153 and income showed to the HMRC is £14,326 for the Tax year 2010-2011.
Supposing you declared £14,326 to the HO in 2010-11, will this amount be sufficient to get your FLR then?
I believe the point is that the OP earned £21,153 but only declared £14,326 to HMRC therefore avoiding paying tax on the £7,000 discrepancy.
Re: ILR Refused Need Advise
Posted: Mon Nov 16, 2015 10:56 am
by tungha1979
zee716 wrote:Hi,
I applied for the ILR on the basis of long residency ( i.e 10 years). I went to the PEO (Cardiff) on 12 Sept 2015 but my Visa was refused. The objection they raised are the income i showed for the Tier 1 general and the income declared to the HMRC are not same.
The Points they mentioned that:
Income showed to the Home Office through self employment are £21,153 and income showed to the HMRC is £14,326 for the Tax year 2010-2011.
They Mentioned on the refusal letter that "You have used deception on previous application for leave to remain in the united kingdom, Your Application falls for the Refusal under paragraph 322(2) of the Immigration rules.
were you salaried or self employed at the time of applying for ILR?
I have send the amended tax return to the HMRC after refusal waiting for their response. I am not sure even after paying the Tax I will get the ILR or not.
They give me the right to appeal to the First Tribunal within 14 days. I applied for the Appeal and paid their fees.
How long i have to wait for the Appeal? Would i be able to secure the ILR after paying all the due tax and it's just a gamble.
Any advise or suggestions would be highly appreciated. Thanks in Advance
Regards
Zeeshan.
Re: ILR Refused Need Advise
Posted: Mon Nov 16, 2015 12:10 pm
by DCee
zee716 wrote:Hi,
I went to the PEO (Cardiff) on 12 Sept 2015 but my Visa was refused. The objection they raised are the income i showed for the Tier 1 general and the income declared to the HMRC are not same.
Did they talk to you at the PEO? Did you have a chance to explain yourself?
Or they just said refused...?
Re: ILR Refused Need Advise
Posted: Mon Nov 16, 2015 2:07 pm
by Wanderer
DCee wrote:zee716 wrote:Hi,
I went to the PEO (Cardiff) on 12 Sept 2015 but my Visa was refused. The objection they raised are the income i showed for the Tier 1 general and the income declared to the HMRC are not same.
Did they talk to you at the PEO? Did you have a chance to explain yourself?
Or they just said refused...?
PEO's are only suitable for rubber-stamp applications, the tick-tick, granted ones. You do not get the chance to discuss issues, it just goes back to the boys in the office with all the others in the 'not straightforward' pile.
Re: ILR Refused Need Advise
Posted: Mon Nov 16, 2015 2:22 pm
by Casa
Wanderer wrote:DCee wrote:zee716 wrote:Hi,
I went to the PEO (Cardiff) on 12 Sept 2015 but my Visa was refused. The objection they raised are the income i showed for the Tier 1 general and the income declared to the HMRC are not same.
Did they talk to you at the PEO? Did you have a chance to explain yourself?
Or they just said refused...?
PEO's are only suitable for rubber-stamp applications, the tick-tick, granted ones. You do not get the chance to discuss issues, it just goes back to the boys in the office with all the others in the 'not straightforward' pile.
...or as in this case, refused on the day.
Re: ILR Refused Need Advise
Posted: Mon Nov 16, 2015 2:34 pm
by Umruayar
Hi zee716,
Did your claimed income with HO, fall in the financial year of apr 2010 - apr 2011?
umar