Applying for ILR after 322(5) Tax discrepancy refusal

Moon84 wrote: ↑

Thu Oct 06, 2022 2:35 pm

Ticktack wrote: ↑

Thu Oct 06, 2022 2:24 pm

Moon84 wrote: ↑

Thu Oct 06, 2022 2:08 pm

Zimba wrote: ↑

Tue Oct 04, 2022 4:30 pm

prreddy wrote: ↑

Tue Oct 04, 2022 4:29 pm

I was hoping the 10 year ILR (LR) route for the period of feb-2008-feb2018. Is lawful.

I already explained above that the tax amendment issue affects the lawful nature of your residence in that period

Hi,
Cr001 could you please explain me if he have not been given deception in 2017 for year 2010-11 he can still apply on long residency from 2013 to 2023 as he mention will he still get ILR because his all tax returns are cleared from 2013 onward.

Even that wouldn't fly.

during my Tier 2 category, I travelled to india in March 2020 just before covid and was stuck there with travel disruption and fear of covid. I was in india for 22 months. was back in Jan 2022.

After 6 months out, residency goes out the window.

Hi,
My question is if UKVI not gave him deception for 2010-11 in 2017 and he have no gaps his 2013-2023 period,that still count lawful. Because his 2010-11 is not come in that period.

Unfortunately, you can't turn back time. If he didn't do any of that, then he would have had his ILR in 2016/2017 and we wouldn't be talking about it.
"Ifs" and "buts" won't get us anywhere.

Ticktack wrote: ↑

Thu Oct 06, 2022 2:50 pm

Moon84 wrote: ↑

Thu Oct 06, 2022 2:35 pm

Ticktack wrote: ↑

Thu Oct 06, 2022 2:24 pm

Moon84 wrote: ↑

Thu Oct 06, 2022 2:08 pm

Zimba wrote: ↑

Tue Oct 04, 2022 4:30 pm

prreddy wrote: ↑

Tue Oct 04, 2022 4:29 pm

I was hoping the 10 year ILR (LR) route for the period of feb-2008-feb2018. Is lawful.

I already explained above that the tax amendment issue affects the lawful nature of your residence in that period

Hi,
Cr001 could you please explain me if he have not been given deception in 2017 for year 2010-11 he can still apply on long residency from 2013 to 2023 as he mention will he still get ILR because his all tax returns are cleared from 2013 onward.

Even that wouldn't fly.

during my Tier 2 category, I travelled to india in March 2020 just before covid and was stuck there with travel disruption and fear of covid. I was in india for 22 months. was back in Jan 2022.

After 6 months out, residency goes out the window.

Hi,
My question is if UKVI not gave him deception for 2010-11 in 2017 and he have no gaps his 2013-2023 period,that still count lawful. Because his 2010-11 is not come in that period.

Unfortunately, you can't turn back time. If he didn't do any of that, then he would have had his ILR in 2016/2017 and we wouldn't be talking about it.
"Ifs" and "buts" won't get us anywhere.

Actually I was trying to make it simple but you miss understood. That question is for me not for him. I am in same situation I came in UK 2006 on student visa then PSW then tier 1. I have tax amendment 2010-11 and all taxes been paid. In2016 I applied Indefinite leave to remain on Set LR which I varied in 2017 on FLR FP because of tax issue and I been granted 2 year leave under 10 year lawfully residence because that time my daughter was not 7 years old and they not put 332 5 deception on me. I applied again FLR FP after the expiry of my visa and been granted 30 months leave. Now I want to apply again Indefinite on Set LR. Will 2010-11 tax amendment still affect my ILR. I have no gaps in my 16 years history.

Moon84 wrote: ↑

Thu Oct 06, 2022 3:39 pm

Actually I was trying to make it simple but you miss understood. That question is for me not for him. I am in same situation I came in UK 2006 on student visa then PSW then tier 1. I have tax amendment 2010-11 and all taxes been paid. In2016 I applied Indefinite leave to remain on Set LR which I varied in 2017 on FLR FP because of tax issue and I been granted 2 year leave under 10 year lawfully residence because that time my daughter was not 7 years old and they not put 332 5 deception on me. I applied again FLR FP after the expiry of my visa and been granted 30 months leave. Now I want to apply again Indefinite on Set LR. Will 2010-11 tax amendment still affect my ILR. I have no gaps in my 16 years history.

Can you please start your own topic with your circumstances instead of hijacking another members thread completely. It is considered rude and unfair to other posts for you to just tag your question onto another members thread.

See point 12 in the link below and I would suggest you familiarise yourself with all the forum rules again, especially give that you have been a member since 2016 and should now them.

announcements/read-me-getting-started-t ... 24804.html

The below rule applies for ILR (LR) route.

“ Once an applicant has built up a period of 10 years’ continuous lawful residence, there is no limit on the length of time afterwards when they can apply. This means they could leave the UK, re-enter on any lawful basis, and apply for settlement from within the UK based on a 10 year period of continuous lawful residence they built up in the past. There is also nothing to prevent a person relying on a 10 year period that they may have relied on in a previous application or grant.”

Is there a similar rule for ILR 5year route?

Could someone please help with this query. Thank you.

Is there a similar rule for ILR 5year route?

No, there is not, not for PBS route visas.

Hi,

My initial Tier 1 General Visa was granted in 2011 for 2 years.
Tier 1 General Extension was granted in 2013 for 3 years.
I had applied for ILR in April 2016. refused in Sept 2017 due to tax discrepancy for the year 2011 (initial Tier 1 G application). although I rectified and made all the pending taxes.

I have applied for Skilled visa right after ILR refusal and currently on this category.

I'm planning to apply for ILR again Via Long Residence route or Skilled Worker route.

My question is will the home office use the same 322(5) again.
below is the home office guidance on "False representations – Tier 1
(General) earnings concerns"

https://assets.publishing.service.gov.u ... s-v1.0.pdf

since it's been 13 years since the initial application for which I made tax amendments. its's been more than 10 years. does this work in my favor or will they consider the refusal date in 2017.

any thoughts from the Guru's please.

Thank You.

zimba wrote: ↑

Tue Oct 04, 2022 12:56 pm

Your ILR under the long residence very likely will be refused. Tax amendment issues affect you as the time spent under the 10 years must be lawful. If the home office suspects you gained Tier 1 General visa via deceptive means (i.e tax amendments), then the long residence application will also be affected. I suggest the 5 year route via skilled worker visa to ILR instead

You can see above that you were advised extensively in 2022 on this issue. The whole period during which you were under Tier 1G will have to be excluded as it will not probably count as lawful residence

Hi,

Could you please confirm if the below guidance (especially sheet 11) still applies for ILR application via Skilled worker visa.
this guidance (calculating continuous period in UK) is dated 01 dec 2020.
https://assets.publishing.service.gov.u ... 2.0ext.pdf

there's another guidance (Continuous residence guidance) dated 28 Nov 2024.
https://assets.publishing.service.gov.u ... ce__1_.pdf

does both the above apply for ILR?

Could guru's please clarify.

Thank You.

Only the second guide is relevant for the skilled worker route and the long residence route. It is very clear in the guides as each mentions specifically the routes they cover under the 'About this guidance' section

are the below rules still relevant or apply for ILR applications via skilled worker route please?

"Absences linked to reason for being in the UK: evidential requirements
For all other categories, absences must be consistent with, or connected to, the
applicant’s sponsored or permitted employment or the permitted economic activity
being carried out in the UK - for example, business trips or short secondments.
This also includes any paid annual leave which must be assessed on a case by case
basis and should be in line with UK annual leave entitlement for settled workers. For
example, the statutory leave entitlement is 5.6 weeks’ paid holiday each year, which
for workers who work a 5 day week is 28 days’ paid leave. However, many
employers provide 25 or 30 days’ paid leave a year, plus bank holidays.
Short visits outside the UK on weekends or other non-working days are consistent
with the basis of stay and do not break the continuity of leave. You must count such
absences towards the 180 day limit.
Evidence in the form of a letter from the employer which sets out the reasons for the
absences, including annual leave, must be provided. Where short visits outside the
UK, on weekends or other non-working days have taken place, evidence from the
employer should be provided to confirm the applicant’s normal working pattern and
show the absences occurred during a non-working period."

No. I already told you the first guide should be ignored as it does NOT cover the skilled worker route.
That is an old guide from 2020 and should be IGNORED as it is no longer relevant to your route.
Why do you keep quoting the first guide ? How many times do I have to repeat it?

Hi everyone,

I’m happy to share that my ILR application has been approved! I had applied on 3rd February 2025 via the skilled worker route, biometrics in 4th feb, and I received the approval today Ie 10February 2025.

A big thank you to everyone who shared their advice and experiences—it really helped me navigate the process. My case involved a long 22 month COVID-19-related absence, a past ILR refusal due to tax amendments, and a visa curtailment situation, but I made sure to provide strong supporting evidence to address all concerns.

If anyone is in a similar situation and needs any guidance, I’d be happy to share my experience. Wishing the best of luck to everyone still waiting!