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One of my friend went to the PEO on 16/04/2016 ( Saturday Premium Service, Crodyon )

His ILR Was refused for less tax paid than what declare to the home office in his initial application 2011. ( Basically £5000 Difference )

He applied on 10 Year ILR route but still get refused. He is waiting for HMRC to Update their Record. It being 5 months since he send for the amendment but still no answer from HMRC.

Question: Can he apply again tomorrow by post with his family, in order to keep his 3C leave as his visa expire in few days. Even there is a 50/50 chances that the result will be the same but at-least he will keep his 3C leave rights. I have come to know that 3C does not apply any more if you have valid visa even for few days. I have advise him to apply by post again for the same application (10 year ilr ) at-least in this way he will keep his working rights and 3C will also apply to him untill all his appeal rights are exhausted.

They have given him a admin review but no appeal rights, my understanding is that you do get a appeal right with 10 year ILR or they have change the policy recently or this is due to deception imposed.

Please any urgent help in this matter will be really appreciated. As my Friend have only few days left.

Any one Please !

26 minutes and already jumpy!

People will respond if and when they wish to.
So be patient!!

244 View and no Reply ! I am know jumpy !

hi
what have yu amended SA302(personal tax) OR business tax (ct60)
thanks

screenprint wrote:244 View and no Reply ! I am know jumpy !

Whats the reason for the £5k discrepancy?

screenprint wrote:One of my friend went to the PEO on 16/04/2016 ( Saturday Premium Service, Crodyon )

His ILR Was refused for less tax paid than what declare to the home office in his initial application 2011. ( Basically £5000 Difference )

He applied on 10 Year ILR route but still get refused. He is waiting for HMRC to Update their Record. It being 5 months since he send for the amendment but still no answer from HMRC.

Question: Can he apply again tomorrow by post with his family, in order to keep his 3C leave as his visa expire in few days. Even there is a 50/50 chances that the result will be the same but at-least he will keep his 3C leave rights. I have come to know that 3C does not apply any more if you have valid visa even for few days. I have advise him to apply by post again for the same application (10 year ilr ) at-least in this way he will keep his working rights and 3C will also apply to him untill all his appeal rights are exhausted.

They have given him a admin review but no appeal rights, my understanding is that you do get a appeal right with 10 year ILR or they have change the policy recently or this is due to deception imposed.

Please any urgent help in this matter will be really appreciated. As my Friend have only few days left.

There are no appeal rights when you have leave to remain at the date of decision.

My Friend only amend the SA302 as he work self employed but the amend is still in process.

He have some loses in 2011 after visa but rather than explaining loses he decided to pay the full tax so no question can be asked but still refused.

SO Should He apply again to get the Section 3C ? 10 year ilr do come with appeal right ?

Correct me if I am wrong.

screenprint wrote:My Friend only amend the SA302 as he work self employed but the amend is still in process.

He have some loses in 2011 after visa but rather than explaining loses he decided to pay the full tax so no question can be asked but still refused.

SO Should He apply again to get the Section 3C ? 10 year ilr do come with appeal right ?

Correct me if I am wrong.

Did he show any proof that amendment was in process? Any letter from HMRC?

screenprint wrote:One of my friend went to the PEO on 16/04/2016 ( Saturday Premium Service, Crodyon )

His ILR Was refused for less tax paid than what declare to the home office in his initial application 2011. ( Basically £5000 Difference )

He applied on 10 Year ILR route but still get refused. He is waiting for HMRC to Update their Record. It being 5 months since he send for the amendment but still no answer from HMRC.

Question: Can he apply again tomorrow by post with his family, in order to keep his 3C leave as his visa expire in few days. Even there is a 50/50 chances that the result will be the same but at-least he will keep his 3C leave rights. I have come to know that 3C does not apply any more if you have valid visa even for few days. I have advise him to apply by post again for the same application (10 year ilr ) at-least in this way he will keep his working rights and 3C will also apply to him untill all his appeal rights are exhausted.

They have given him a admin review but no appeal rights, my understanding is that you do get a appeal right with 10 year ILR or they have change the policy recently or this is due to deception imposed.

Please any urgent help in this matter will be really appreciated. As my Friend have only few days left.

Apply by post before your leave expire

screenprint wrote:My Friend only amend the SA302 as he work self employed but the amend is still in process.

He have some loses in 2011 after visa but rather than explaining loses he decided to pay the full tax so no question can be asked but still refused.

SO Should He apply again to get the Section 3C ? 10 year ilr do come with appeal right ?

Correct me if I am wrong.

didn't your friend disclose to HO that he has requested for amendment for that tax year.
was he asked to fill a form for the years he was self emplyed? did he disclose it there that he has requested for amendment..

No He did not said any thing and also he was confused what he have written on the form.

In that case, there was use of deception - that is going to be nigh on impossible to escape once that assumption has been made!

physicskate wrote:In that case, there was use of deception - that is going to be nigh on impossible to escape once that assumption has been made!

I agree. It appears that he made a false statement on the form.

There should have been an appeal right under refusal of ILR long residence. He should challenge this, and then fight the ILR refusal. Does her have children? if so, how old are they?

Apologies for using this topic to ask a question, but I hope the answer will be useful to others reading this topic.

Obie,
If the applicant's extant leave is still valid, will a refusal of ILR LR application still lead to right of appeal being granted?

Yes. With the ammendment of section 82 of the Nationality and Immigration Act 2002, they removed the condition that a person will only have an appeal right if as a result of the refusal, they are left with no leave.

That requirement has been removed.

Now we have refusal of human right claim which carries a right of appeal , unless a certificate is issued.

The Home office issued a guidance confirming that a refusal of ILR under long residence is a human right refusal which will result in a right of appeal unless a certificate is issued.

Thanks, Obie.

Paragraph 9 of their Guidance may assist.

In this situation does 3C also Extend ?

Please can anyone direct me to a good immigration lawyer. I have read from previous posts thats there a good one around covent gardens. ILR refused due to tax issues. thanks

Dear All,

Please provide details on below link:

http://www.immigrationboards.com/indefi ... l#p1359302

Thanks

hi.
ilr refused due to income issues. 10 years long residence. appeal submitted on 28 April 2016. upto today to reply yet. does anyone know how long is to wait. please share your views.

Modenine wrote:Please can anyone direct me to a good immigration lawyer. I have read from previous posts thats there a good one around covent gardens. ILR refused due to tax issues. thanks

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