ILR refused due to deception - alleged fake invoices

[workinggirl85]

Just to give everyone my human rights background, I am not married, do not have children, but have lived in the country from 23rd September 2004 to now.

Dear Workingirl,
Best way to get your visa will to be prove that deception charges were baseless. Now if you can prove that you actully carried out work will be helpful in appeal too, even if it mainly based n human rights.

Thanks

I am just worried if I submit a human rights appeal and they deny it will that mean I will be straight away given a removal notice ? Also how do I prove the deception charge was unfair in a human rights appeal ? What sections do I refer to ?

[Wanderer]

Surely if you can show the invoices raised (or submitted, it's not clear whether they were sales or purchase invoices), and show the money hitting the bank, and and the debit/credit in the P&L account, provided there were no more transactions related to these invoices you are in the clear?

Shouldn't matter if the other parties were dodgy or not, if you accounted for everything properly.

[Casa]

Wanderer, I've interpreted the OP as saying the only invoices issued were to customers 'on behalf of the other company'. i.e I'm guessing some form of receipt book with the company details...not his own.
If this is the case, I'm failing to see how the company are paying him as a self-employed contractor, but no invoices are being issued by the OP against the payments.

[workinggirl85]

Wanderer, I've interpreted the OP as saying the only invoices issued were to customers 'on behalf of the other company'. i.e I'm guessing some form of receipt book with the company details...not his own.
If this is the case, I'm failing to see how the company are paying him as a self-employed contractor, but no invoices are being issued by the OP against the payments.

I am not sure I understand what you have interpreted.. I provided services to a company and to 2 individuals which turned out to be associated with the company too ! Now the company was found to do illegitimate activities and the individuals admitted in a generic statement (not specific to me) that they didn't receive any services at all !

[Casa]

With apologies...confused your thread with a similar situation. Ignore my post.

[workinggirl85]

Surely if you can show the invoices raised (or submitted, it's not clear whether they were sales or purchase invoices), and show the money hitting the bank, and and the debit/credit in the P&L account, provided there were no more transactions related to these invoices you are in the clear?

Shouldn't matter if the other parties were dodgy or not, if you accounted for everything properly.

Wanderer - where do I go and prove this ? At the FTT appeal? Can I include this at the FTT with a human rights appeal ?

Can they ask me to leave immediately after a human rights appeal if my visa has expired by then ?

[Wanderer]

Surely if you can show the invoices raised (or submitted, it's not clear whether they were sales or purchase invoices), and show the money hitting the bank, and and the debit/credit in the P&L account, provided there were no more transactions related to these invoices you are in the clear?

Shouldn't matter if the other parties were dodgy or not, if you accounted for everything properly.

Wanderer - where do I go and prove this ? At the FTT appeal? Can I include this at the FTT with a human rights appeal ?

Can they ask me to leave immediately after a human rights appeal if my visa has expired by then ?

I wouldn't bother with HRA, I can't see where Human Rights come into this at all.

I'd get your accountant to extract the info from the accounts showing everything above board and ask for a reconsideration.

What services were you providing? Hope not related to your username!!??

I can't see how you can be made to suffer for the illegal acts of others, unless the UKVI are alleging the other parties are complicit with you in artificially inflating your income to fulfil visa requirements? They'd need to prove that, since the onus is on them to prove your guilt, not you to prove your innocence.

[angel2015]

I haven't interacted with the individuals in years so I am not being able to track them down. I have no idea why they have made any such statements. my other problem is I have also been duped by the consultant who was supposed to 'file' the taxes and pay them for me.. I realised this last month during my application was being considered but I have read through some of the comments on the forum and realise that I can raise a correction with the HMRC and pay the unpaid tax for the income claimed during my first tier 1. all tax was paid by me for the income claimed during my next tier 1 extension.

no where in my refusal letter has the tax being mentioned. only that the company and the individuals are fraudulent. Because some activities that this company and these individuals did were fraudulent is causing me pain.

What I need to understand now is when and if I can file for a review, or should I re-apply for an ILR closer to the time that my current leave expires so I can file for a review?

what documentation can I prepare for the review?

When did u apply? Did you went for premium service?

[CR001]

When did u apply? Did you went for premium service?

Postby workinggirl85 » Tue Oct 27, 2015 7:34 am
Hello All,

I need some help and advice. I have just received an ILR refusal

Hello,

I made a same day premium service application, both my Tier 1 applications were self employment and salaried employment payments. The 2 individuals and the company in question apparently have given a statement to the HO but nothing specific to me. I did provide them training, and I did have genuine invoices. HO didn't contact them as a part of my application but had them listed as individuals who had admitted fault from before.

[angel2015]

Thanks for your update dear moderator.

I just wanted to know when workinggirl85 applied for ILR? Was it 10 years based and how long it took to get the decision after applying ILR

[workinggirl85]

Thanks for your update dear moderator.

I just wanted to know when workinggirl85 applied for ILR? Was it 10 years based and how long it took to get the decision after applying ILR

Hello this was for a 10 year route yes and I had my decision after 3.5 months

[workinggirl85]

Surely if you can show the invoices raised (or submitted, it's not clear whether they were sales or purchase invoices), and show the money hitting the bank, and and the debit/credit in the P&L account, provided there were no more transactions related to these invoices you are in the clear?

Shouldn't matter if the other parties were dodgy or not, if you accounted for everything properly.

Wanderer - where do I go and prove this ? At the FTT appeal? Can I include this at the FTT with a human rights appeal ?

Can they ask me to leave immediately after a human rights appeal if my visa has expired by then ?

I wouldn't bother with HRA, I can't see where Human Rights come into this at all.

I'd get your accountant to extract the info from the accounts showing everything above board and ask for a reconsideration.

What services were you providing? Hope not related to your username!!??

I can't see how you can be made to suffer for the illegal acts of others, unless the UKVI are alleging the other parties are complicit with you in artificially inflating your income to fulfil visa requirements? They'd need to prove that, since the onus is on them to prove your guilt, not you to prove your innocence.

No my services were not what you are suggesting..

They are saying that I was artificially inflating my income.. The wording they use in my refusal letter talks about - the association with these people suggests I have done the income artificial inflation rather than having proof that I have !

So yes they need to prove this but where do I challenge them ? I still haven't received a response ? The appeal that I've been granted in my second letter is for human rights ! What are my other options people ?

[angel2015]

Thanks for your update dear moderator.

I just wanted to know when workinggirl85 applied for ILR? Was it 10 years based and how long it took to get the decision after applying ILR

Hello this was for a 10 year route yes and I had my decision after 3.5 months

It is really pathetic after spending such a long time you are going through this. You need to fight for your case. HO doesn't have any evidence against you. They are accusing you due to someone else statement which doesn't mean you have done anything wrong. U need to find very competent lawyer. I am sure you will be fine. You should given appeal right at the first point as you have applied under 10 years. U need to prove that you haven't done any deception.

Did you went for premium service and If yes which one?

[workinggirl85]

Thanks for your update dear moderator.

I just wanted to know when workinggirl85 applied for ILR? Was it 10 years based and how long it took to get the decision after applying ILR

Hello this was for a 10 year route yes and I had my decision after 3.5 months

It is really pathetic after spending such a long time you are going through this. You need to fight for your case. HO doesn't have any evidence against you. They are accusing you due to someone else statement which doesn't mean you have done anything wrong. U need to find very competent lawyer. I am sure you will be fine. You should given appeal right at the first point as you have applied under 10 years. U need to prove that you haven't done any deception.

Did you went for premium service and If yes which one?

Yes it was Croydon PEO