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Hi All,

Need some advise, my ILR was refused on 31st March 2016 due to Tax discripancies and I sent for AR which got refused yesterday.

My application is refused under section 322(5) and same reason mentioned in AR, My T1(G) is valid till March 2018.

What are the options available for me now as I understand some TAX application were refused under 322(2) and some 322(5) and some under both, my is only 322(5)
I have already sent for amendment for tax returns for 2012-13 which is expected to get amend by mid of June 2016.

And just wanted to know how likely it is changes in rules for ILR for T1(G) Applications ?

Thanks

Aju2016 wrote:Hi All,

Need some advise, my ILR was refused on 31st March 2016 due to Tax discripancies and I sent for AR which got refused yesterday.

My application is refused under section 322(5) and same reason mentioned in AR, My T1(G) is valid till March 2018.

What are the options available for me now as I understand some TAX application were refused under 322(2) and some 322(5) and some under both, my is only 322(5)
I have already sent for amendment for tax returns for 2012-13 which is expected to get amend by mid of June 2016.

And just wanted to know how likely it is changes in rules for ILR for T1(G) Applications ?

Thanks

morning. sorry to hear about you refusal. can you please share your tiimelines. when did you sent the amendment to Hmrc and did you mention that in a covering letter while submitting your documents for ILR?

ILR2015-2016 wrote:

Aju2016 wrote:Hi All,

Need some advise, my ILR was refused on 31st March 2016 due to Tax discripancies and I sent for AR which got refused yesterday.

My application is refused under section 322(5) and same reason mentioned in AR, My T1(G) is valid till March 2018.

What are the options available for me now as I understand some TAX application were refused under 322(2) and some 322(5) and some under both, my is only 322(5)
I have already sent for amendment for tax returns for 2012-13 which is expected to get amend by mid of June 2016.

And just wanted to know how likely it is changes in rules for ILR for T1(G) Applications ?

Thanks

morning. sorry to hear about you refusal. can you please share your tiimelines. when did you sent the amendment to Hmrc and did you mention that in a covering letter while submitting your documents for ILR?

Hi,

I sent my amendment on 05th Arp 2016 after refusal and sent AR on 11th Apr mentioning details regarding amendment in AR.

So you only sent an amendment after HO refused your ILR for income/tax discrepancies. You made no attempt to fix your HMRC issues before applying for ILR.

CR001 wrote:So you only sent an amendment after HO refused your ILR for income/tax discrepancies. You made no attempt to fix your HMRC issues before applying for ILR.

Hi,

Yes this is correct, I came to know only after my refusal about error in my tax returns for 2012-2013.

I did mentioned that in my AR application.


Thanks,

Aju2016 wrote:

CR001 wrote:So you only sent an amendment after HO refused your ILR for income/tax discrepancies. You made no attempt to fix your HMRC issues before applying for ILR.

Hi,

Yes this is correct, I came to know only after my refusal about error in my tax returns for 2012-2013.

I did mentioned that in my AR application.


Thanks,

well you have visa until 2018,therefore once the amendment is done you can re-apply again.which PEO you applied before?

ILR2015-2016 wrote:

Aju2016 wrote:

CR001 wrote:So you only sent an amendment after HO refused your ILR for income/tax discrepancies. You made no attempt to fix your HMRC issues before applying for ILR.

Hi,

Yes this is correct, I came to know only after my refusal about error in my tax returns for 2012-2013.

I did mentioned that in my AR application.


Thanks,

well you have visa until 2018,therefore once the amendment is done you can re-apply again.which PEO you applied before?

I applied from Solihull PEO initially.

Hi sorry to hear this. Anyhow you got valid visa to reapply again with correct figures so you will get your ilr for sure. What was the discrepancies? For the problem year. Which PEO went for this application? Did they hand over any questionnaires to fill

thiruuk wrote:Hi sorry to hear this. Anyhow you got valid visa to reapply again with correct figures so you will get your ilr for sure. What was the discrepancies? For the problem year. Which PEO went for this application? Did they hand over any questionnaires to fill

Hi thiruuk,

My discrepancies was for 2600£ in year 2013 during my first extension. I went to Solihull PEO and I filled questionnaires as well.

Hi Aju, I think you will win in pap or JR but it's matter of time which I believe you got until 2018. Don't wait for 10 yr route as outcome may be the same. Could you please confirm did you declare the figures above required threshold to Hmrc (before amendment) at your recent extension and initial application

Aju2016 wrote:

thiruuk wrote:Hi sorry to hear this. Anyhow you got valid visa to reapply again with correct figures so you will get your ilr for sure. What was the discrepancies? For the problem year. Which PEO went for this application? Did they hand over any questionnaires to fill

Hi thiruuk,

My discrepancies was for 2600£ in year 2013 during my first extension. I went to Solihull PEO and I filled questionnaires as well.

Before amendments were you above your threshold?

can you please share with us more information? were you above threshold before amendments?

bbvyas wrote:can you please share with us more information? were you above threshold before amendments?

Hi bbvyas,

I was not above threshold before amendment, I needed to show £ 20K duering my extension in 2013 and I shown £17500 as employed and £2500 as self employed and my application is rejected on 322(5) and NOT on 322 (2).

cruis wrote:Hi Aju, I think you will win in pap or JR but it's matter of time which I believe you got until 2018. Don't wait for 10 yr route as outcome may be the same. Could you please confirm did you declare the figures above required threshold to Hmrc (before amendment) at your recent extension and initial application

Hi cruis,

I didn't understood your question quite well but I was not above threshold before amendment, I needed to show £ 20K during my extension in 2013 and I shown £17500 as employed and £2500 as self employed and my application is rejected on 322(5) and NOT on 322 (2). and HO extended my visa but I failed to inform HMRC about my £2500.00 self employment in my self assessment when I submitted my tax returns on 04Nov2013 by error.

Hi,

I got refused for ILR through tier 1 general 5 years completion (PEO Solihull 17/05/2016). Reason is section 322(5) non mandatory refusal

I declared income to UKVI for year 2012/2013 but declared "0" to HMRC. This is a pure error through wrong guidance and my lack of knowledge. All my tax returns have been done by myself and not through accountants. My 2011/2012 and 2012/2013 were done, declared and taxes paid. Since then I have been on PAYE. I have requested HMRC to send me all returns from 2011 to date in order to review and make sure all correct. I am confident, only 2012/2013 is incorrect.

What I have done now is resubmitted my tax return for 2012/2013, paid the taxes on-line, and re-applied before my current leave to remain expire (on the day it expired) through a solicitor with copies of amendment and payment confirmation etc.

Now waiting for HMRC to send my tax bill so that I can allocate the on account payments and get their system updated in order to send the correct / up to date documents with a statement of truth to UKVI as additional document to my latest postal application.

I'm sure there's quite a lot of possibilities for this to be rejected as well. Is there anything I could do to prove UKVIs' 322(5) reasons are purely due to incorrect guidance and my lack of knowledge and not intentional.

I could ask my company to sponsor me, but surely UKVI will pull my refused application out and refuse this as well. In my view, I have to prove that their refusal reason is because of my lack of knowledge and wrong guidance and not intentional, these are now corrected and confirmed with a statement of truth.

Any advise would be much appreciated.

You'll see the result of a Tribunal decision in this link, as posted previously in another thread.

https://tribunalsdecisions.service.gov. ... 04731-2014