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HO error - ILR refused Long Residence

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

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rupalijadhav043
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Posts: 7
Joined: Tue Jan 03, 2017 1:31 pm

HO error - ILR refused Long Residence

Post by rupalijadhav043 » Tue Jan 03, 2017 1:41 pm

Hi all my ILR has been rejected on Following Basis

HO mentioned:

1. Less Income showed for year 2010-2011 - Doesn't match with previous records.

I have checked the income and papers and Found HO's error - They considered ''Expense figure'' as income. I have the proof.


2. Less income showed for 2012-2013 and doesn't match with previous records. HO considered 2013-2014 income - this is wrong year. I have proof.

My concern: I have filed Appeal

1.2012-2013 - I have tax amendment but its been fully paid before applying for ILR. ''HO hasn't mentioned about amendment figure in rejection point''. Do I need to worry about that? Can they dig it? or they will stick to only rejection points

2. What are other ways to live in this country - this is my 12th year.

Please Advise

Happy85
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Posts: 88
Joined: Mon Dec 12, 2016 4:21 pm
India

Re: HO error - ILR REFUSED LONG RESIDENCE

Post by Happy85 » Tue Jan 03, 2017 1:44 pm

rupalijadhav043 wrote:Hi all my ILR has been rejected on Following Basis

HO mentioned:

1. Less Income showed for year 2010-2011 - Doesn't match with previous records.

I have checked the income and papers and Found HO's error - They considered ''Expense figure'' as income. I have the proof.


2. Less income showed for 2012-2013 and doesn't match with previous records. HO considered 2013-2014 income - this is wrong year. I have proof.

My concern: I have filed Appeal

1.2012-2013 - I have tax amendment but its been fully paid before applying for ILR. ''HO hasn't mentioned about amendment figure in rejection point''. Do I need to worry about that? Can they dig it? or they will stick to only rejection points

2. What are other ways to live in this country - this is my 12th year.

Please Advise
ILR Refused / Rejected? Alleged Deception? Tax Issues Involved?
Concerned About ILR Application Refusal?

The UK Home Office is refusing some ILR applications mostly under paragraph 322(2), 322(5) and 19 J (iv) alleging that the applicant has used deception either in their current application or in a previous application, and claimed points for earnings from self-employment / limited company dividends which were not declared to HMRC. In other words, that they are not paying the correct tax and earnings are therefore deemed as fabricated / not genuine income.
As a result of this rejection, applicants and their families could be removed from the UK leaving behind a career and many years’ hard work.

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CR001
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Re: HO error - ILR REFUSED LONG RESIDENCE

Post by CR001 » Tue Jan 03, 2017 1:50 pm

Happy85 wrote:ILR Refused / Rejected? Alleged Deception? Tax Issues Involved?
Concerned About ILR Application Refusal?

The UK Home Office is refusing some ILR applications mostly under paragraph 322(2), 322(5) and 19 J (iv) alleging that the applicant has used deception either in their current application or in a previous application, and claimed points for earnings from self-employment / limited company dividends which were not declared to HMRC. In other words, that they are not paying the correct tax and earnings are therefore deemed as fabricated / not genuine income.
As a result of this rejection, applicants and their families could be removed from the UK leaving behind a career and many years’ hard work.
Can you kindly refrain from peddling the same post all over the ILR sub forum.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

jarraj1102
Junior Member
Posts: 53
Joined: Wed Apr 06, 2016 9:12 am

Re: HO error - ILR REFUSED LONG RESIDENCE

Post by jarraj1102 » Tue Jan 03, 2017 3:02 pm

rupalijadhav043 wrote:Hi all my ILR has been rejected on Following Basis

HO mentioned:

1. Less Income showed for year 2010-2011 - Doesn't match with previous records.

I have checked the income and papers and Found HO's error - They considered ''Expense figure'' as income. I have the proof.


2. Less income showed for 2012-2013 and doesn't match with previous records. HO considered 2013-2014 income - this is wrong year. I have proof.

My concern: I have filed Appeal

1.2012-2013 - I have tax amendment but its been fully paid before applying for ILR. ''HO hasn't mentioned about amendment figure in rejection point''. Do I need to worry about that? Can they dig it? or they will stick to only rejection points

2. What are other ways to live in this country - this is my 12th year.

Please Advise

Hi Rupali,

Sorry to hear the news on your ILR Application. As a suggestion, i would ask you to fight it out through your appeal. There are have been few cases in this forum where applicants have taken the issue to the final point and won.One such case i remember is posted by the user name zullu.

This is the only way you could get your ILR. Because any future applications will be rejected citing previous deception.Can you please shed some light on your application. So that others can suggest you add any further recommendations.

1. Was the application postal or in person?
2. Was the reason for amendment mentioned as part of the application?

Please don't worry as eventually you would get your ILR.


Thanks in advance.

Aditi12
Member
Posts: 112
Joined: Wed Dec 23, 2015 11:18 pm

Re: HO error - ILR refused Long Residence

Post by Aditi12 » Tue Jan 03, 2017 5:45 pm

Hi Rupali

I am sorry to hear about the refusal.
Could you please shed some light as to when your lr was refused?
Also have they put any 322 etc on your refusal

Look forward to hear from you!

Thanks

rupalijadhav043 wrote:Hi all my ILR has been rejected on Following Basis

HO mentioned:

1. Less Income showed for year 2010-2011 - Doesn't match with previous records.

I have checked the income and papers and Found HO's error - They considered ''Expense figure'' as income. I have the proof.


2. Less income showed for 2012-2013 and doesn't match with previous records. HO considered 2013-2014 income - this is wrong year. I have proof.

My concern: I have filed Appeal

1.2012-2013 - I have tax amendment but its been fully paid before applying for ILR. ''HO hasn't mentioned about amendment figure in rejection point''. Do I need to worry about that? Can they dig it? or they will stick to only rejection points

2. What are other ways to live in this country - this is my 12th year.

Please Advise

rupalijadhav043
Newly Registered
Posts: 7
Joined: Tue Jan 03, 2017 1:31 pm

Re: HO error - ILR refused Long Residence

Post by rupalijadhav043 » Wed Jan 04, 2017 10:55 am

Hi all thanks for your reply.

What HO did is in the first point considered
Expense as Income and in 2nd point
they considered wrong years of income.
It's simple error they made and I have proof of it.


My concern was if I prove them wrong will come back with some other things for rejection or they will only stick to the points they have mentioned. ?

Aditi12
Member
Posts: 112
Joined: Wed Dec 23, 2015 11:18 pm

Re: HO error - ILR refused Long Residence

Post by Aditi12 » Wed Jan 04, 2017 1:20 pm

rupalijadhav043 wrote:Hi all thanks for your reply.

What HO did is in the first point considered
Expense as Income and in 2nd point
they considered wrong years of income.
It's simple error they made and I have proof of it.


My concern was if I prove them wrong will come back with some other things for rejection or they will only stick to the points they have mentioned. ?

Rupali

Normally in an appeal they dont bring out new stuff! You fight your refusal grounds !

If you could please give us some times lines for your application ; refusal and also if they have put any general grounds of refusal etc etc that would be very helpful.

Thanks

rupalijadhav043
Newly Registered
Posts: 7
Joined: Tue Jan 03, 2017 1:31 pm

Re: HO error - ILR refused Long Residence

Post by rupalijadhav043 » Wed Jan 04, 2017 11:41 pm

They have mentioned as follows:


It is acknowledged that paragraph 322(5) is not mandatory refusal. The application has been refused under 276D of immigration rules. You have failed to meet requirements
For 276B(ii) and (iii)

You application has been considered on the basis of your family and private life In UK under Appendix FM and paragraph
276ADE(1) CE immigrantion rules.


please explain what you think ? This isu 12th yeas running do I have any other options open? I havs only been to India for 3 times in 11 years. Please advise other options

Aditi12
Member
Posts: 112
Joined: Wed Dec 23, 2015 11:18 pm

Re: HO error - ILR refused Long Residence

Post by Aditi12 » Wed Jan 04, 2017 11:51 pm

rupalijadhav043 wrote:They have mentioned as follows:


It is acknowledged that paragraph 322(5) is not mandatory refusal. The application has been refused under 276D of immigration rules.
Rupali

Thanks
When did you get your refusal.
Can you please share your timeline ...
Date of application
Date of refusal ..

rupalijadhav043
Newly Registered
Posts: 7
Joined: Tue Jan 03, 2017 1:31 pm

Re: HO error - ILR refused Long Residence

Post by rupalijadhav043 » Thu Jan 05, 2017 9:12 am

Applied in December and refused in April. Waiting for Appeal Date.its taking very long . Can you please share link rules of Appeal or how does appeal works?

mirzanaseer79
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Posts: 36
Joined: Tue Feb 28, 2012 11:03 am
Location: South West

Re: HO error - ILR refused Long Residence

Post by mirzanaseer79 » Thu Jan 05, 2017 11:04 am

Good luck Rupali, hopefully everything will be at the end.

lad 14
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Posts: 75
Joined: Sun Jan 24, 2010 11:48 am
Wales

Re: HO error - ILR refused Long Residence

Post by lad 14 » Thu Jan 05, 2017 12:58 pm

Is it not the other way round... Applied in April and refused in December ?
rupalijadhav043 wrote:Applied in December and refused in April. Waiting for Appeal Date.its taking very long . Can you please share link rules of Appeal or how does appeal works?

Aditi12
Member
Posts: 112
Joined: Wed Dec 23, 2015 11:18 pm

Re: HO error - ILR refused Long Residence

Post by Aditi12 » Thu Jan 05, 2017 1:59 pm

rupalijadhav043 wrote:Applied in December and refused in April. Waiting for Appeal Date.its taking very long . Can you please share link rules of Appeal or how does appeal works?
Do you mean december 2015 and April 2016 refusal
Or as @lad14 said
Applied in april 2016 and refused in December 2016

I am curious to know your refusal date ; specially if it was after 1st December 2016

Answering your question Appeal takes quite long ; i know someone who was refused in jan 2016 and the appeal date was given in november 2016 which will be heard in April 2017

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