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ILR/refusal/tax discrepancy/fresh app/add doc/tax amendment

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.

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keth001
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Re: ILR/refusal/tax discrepancy/fresh app/add doc/tax amendment

Post by keth001 » Fri Mar 30, 2018 1:04 am

zimba88 wrote:
Thu Mar 29, 2018 11:25 am
Let say I am getting a refusal tomorrow. I am applying for FLRFP within 14 days with the intention of varying it with ILR(LR) on May 28th. Will I have I have the working rights?
No as in that case your section 3C will end when you put in a new application and you become an overstayer. As I said before, you stick to AR and appeal instead of applying for new applications
Ok. But I am planning to apply before I get a decision. Let see. Will update thanks a lot zimba

keth001
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Re: ILR/refusal/tax discrepancy/fresh app/add doc/tax amendment

Post by keth001 » Fri Mar 30, 2018 1:08 am

Venkat999 wrote:
Fri Mar 30, 2018 12:13 am
zimba88 wrote:
Thu Mar 29, 2018 11:25 am
Let say I am getting a refusal tomorrow. I am applying for FLRFP within 14 days with the intention of varying it with ILR(LR) on May 28th. Will I have I have the working rights?
No as in that case your section 3C will end when you put in a new application and you become an overstayer. As I said before, you stick to AR and appeal instead of applying for new applications
Hi,
I have received a refusal letter for ILR(LR) today on basis of tax amendments, actually i made amendments for the corporation tax only not my self assessment but self assesment submitted late on may 2016 for 2010/11(i provided information in home office questionnaire why that has not filed on time ) , ilr application has been refused on basis of late personal tax returns and clearly mentioned in refusal letter that not able to give 15 points on current earning
my previous account said that to me i don't need any personal tax returns to HMRC in 2012 ( i have copy of email) any chances to win in AR or JR please

Hi Venkat, if you provide all your timeline from your initial application it will be useful for others and anyone to comment.

Venkat999
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Re: ILR/refusal/tax discrepancy/fresh app/add doc/tax amendment

Post by Venkat999 » Fri Mar 30, 2018 10:24 am

keth001 wrote:
Fri Mar 30, 2018 1:08 am
Venkat999 wrote:
Fri Mar 30, 2018 12:13 am
zimba88 wrote:
Thu Mar 29, 2018 11:25 am
Let say I am getting a refusal tomorrow. I am applying for FLRFP within 14 days with the intention of varying it with ILR(LR) on May 28th. Will I have I have the working rights?
No as in that case your section 3C will end when you put in a new application and you become an overstayer. As I said before, you stick to AR and appeal instead of applying for new applications
Hi,
I have received a refusal letter for ILR(LR) today on basis of tax amendments, actually i made amendments for the corporation tax only not my self assessment but self assesment submitted late on may 2016 for 2010/11(i provided information in home office questionnaire why that has not filed on time ) , ilr application has been refused on basis of late personal tax returns and clearly mentioned in refusal letter that not able to give 15 points on current earning
my previous account said that to me i don't need any personal tax returns to HMRC in 2012 ( i have copy of email) any chances to win in AR or JR please

Hi Venkat, if you provide all your timeline from your initial application it will be useful for others and anyone to comment.
Hi Keth,
tier 1 1st application made March 2011
tier 1 extension june 2013
corporation tax amendments for 2010/11 : March 2016
Self assessment first submission 20 may 2016( confirmation letter from HMRC submitted to HO stated that personal tax returns received and processed on 20th may)
ilr application 16th June 2016
ILR Refusal reason: as stated above letter from HMRC on self-assessment submission date no dividends were originally declared to HMRC on correct time so when you made teir 1 general to HO your earning claimed is not consistent with income declarations made to HMRC during the similar period so you can claim only 5 points for earnings
i can see many people in the same situation please help for chances to winning at AR/PAP/JR etc... if have less chances to win i will go back to home to save money and time
it is more frustrating on lawyer charges for further proceeds

thank you
vekat

Venkat999
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ILR Refusal /Next step help please

Post by Venkat999 » Fri Mar 30, 2018 1:49 pm

Hi Guru,

tier 1 1st application made March 2011
tier 1 extension june 2013
corporation tax amendments for 2010/11 : March 2016
Self assessment first submission 20 may 2016( confirmation letter from HMRC submitted to HO stated that personal tax returns received and processed on 20th may)
ilr application 16th June 2016
ILR Refusal reason: as stated above letter from HMRC on self-assessment submission date no dividends were originally declared to HMRC on correct time so when you made teir 1 general to HO your earning claimed is not consistent with income declarations made to HMRC during the similar period so you can claim only 5 points for earnings
i can see many people in the same situation please help for chances to winning at AR/PAP/JR etc... if have less chances to win i will go back to home to save money and time
it is more frustrating on lawyer charges for further proceeds please help for next steps

thank you
Venkat

keth001
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Re: ILR/refusal/tax discrepancy/fresh app/add doc/tax amendment

Post by keth001 » Fri Jan 25, 2019 9:30 pm

Zimba wrote:
Wed Mar 28, 2018 11:05 pm
Oh sorry my mistake in not seeing your visa expiry date :oops: You should be able to vary to SET(LR) when eligible however the tax issue will lead to refusal even under long residence. At least under long residence you get the right to an appeal which is good but it would be lengthy process I am afraid. The good news for you is that you will be protected under section 3C all the way and you can keep working
Hi Zimba,

It seems HO made the same mistake like you as not seeing my visa expiry- just joking :)

OK now I got the decision today and it is a REFUSAL for the ILR LR application I varied in June 2018.

extracted details from my refusal letter: (Please note my visa expiry is on 24/05/2016)

+++++++++++++
On 03/05/2016 you applied for further leave to remain

On 03/05/2016 you applied for further leave to remain as a Tier 1 general migrant which was refused on 07/05/2016 and an administrative review not requested and therefore completed on 08/07/2016

On 23/05/2016 you applied for further leave to remain which was subsequently varied to indefinite leave to remain.




As outlined in your immigration history above, you only arrived in the United Kingdom on 24/06/2008 and you submitted an application on 23/05/2016 whilst you had an outstanding administrative review on your application of 03/05/2016. An Administrative review is not pending when:

1. (a) an administrative review waiver form has been signed by an individual in respect of whom an eligible decision has been made. An administrative review waiver form is a form where the person can declare that although they can make an application in accordance with paragraphs 34M to 34Y of these Rules, they will not do so;
2. (b) administrative review has previously been pending and the individual in respect of whom the eligible decision has been made submits a fresh application for entry clearance, leave to enter or leave to remain. In this case the day prior to the day on which the fresh application is submitted is the last day on which administrative review is pending.

Therefore, your administrative review ended on the 22/05/2016 and as of a consequence, you lawful leave also ended on that date. Consequently, you have not accrued 10 years continuous lawful residence in the United Kingdom,

For the reasons outlined above, your application for indefinite leave to remain on the grounds of long residence is refused as you have failed to meet the requirements of the Immigration Rules
under Paragraph 276D with reference t. o Paragraph 276B(i)(a) of HC395 (as amended).
++++++++++++

Is this correct? As per my understanding i made an in time application and think I am still in lawful leave.

I am not sure about what they are mentioning above on 2. (b) is it only applicable for an out time application?

Kindly share your thoughts.

NOTE: They did not mention the word "TAX" anywhere in the refusal letter

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Re: ILR/refusal/tax discrepancy/fresh app/add doc/tax amendment

Post by Zimba » Fri Jan 25, 2019 10:30 pm

This does not look right. You application was refused before the expiry of your leave this means there section 3C did not kick in. You then managed to apply for a new application before the expiry of your visa which makes it in-time so the section 3C kicked in after 24.05.2016 and continued until now. The matter of AR is completely irrelevant. The case worker here is wrong !
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

keth001
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Re: ILR/refusal/tax discrepancy/fresh app/add doc/tax amendment

Post by keth001 » Fri Jan 25, 2019 10:37 pm

Thanks for confirming Zimba, do you think HO will raise the Tax issue at the hearing? can they do so while they did not mention anything about the previous refusal Tax dispute reason in this refusal?

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Re: ILR/refusal/tax discrepancy/fresh app/add doc/tax amendment

Post by Zimba » Fri Jan 25, 2019 10:41 pm

Have you been given AR or appeal rights ??
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keth001
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Re: ILR/refusal/tax discrepancy/fresh app/add doc/tax amendment

Post by keth001 » Fri Jan 25, 2019 10:43 pm

I have given appeal rights

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Re: ILR/refusal/tax discrepancy/fresh app/add doc/tax amendment

Post by Zimba » Fri Jan 25, 2019 11:19 pm

Then you should argue that. They can ask for reconsideration and introduce the tax issues in a reconsideration
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keth001
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Re: ILR/refusal/tax discrepancy/fresh app/add doc/tax amendment

Post by keth001 » Sat Jan 26, 2019 12:10 am

But that is not correct, right? will the judge allow/accept to find new reasons just for the sake to refuse?

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Re: ILR/refusal/tax discrepancy/fresh app/add doc/tax amendment

Post by Zimba » Sat Jan 26, 2019 1:04 am

If they reconsider, they can refuse based on a different reason if there is any
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keth001
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Re: ILR/refusal/tax discrepancy/fresh app/add doc/tax amendment

Post by keth001 » Sat Jan 26, 2019 1:28 am

Hmmm I understood. Thanks a lot for your information.

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Re: ILR/refusal/tax discrepancy/fresh app/add doc/tax amendment

Post by keth001 » Wed Jan 30, 2019 12:34 am

Hi Zimba,

I have a new problem now. When I applied for ILR LR on 16th JUne 2018 my wife applied for FLR M as she is only completing 10 years this May. HO have replied on her application straight away saying that her application was put on hold until a decision has been made on my application.

My question is now I got a refusal (of course I am going to appeal that), will they going to refuse my wife's application straight away? Or will they wait to see whether I am appealing and wait until the hearing?

In case if they refuse her now will her 3C will stop? Or as she is my dependent and I am still having the 3C she also will have it?

I am very confused. there is only 3 months left for her 10 years.

Can you kindly share your thoughts?

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Re: ILR/refusal/tax discrepancy/fresh app/add doc/tax amendment

Post by Zimba » Wed Jan 30, 2019 1:20 am

Depends on UKVI. There is a high possibility of refusal but I suggest to deal with that if it happens.
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Re: ILR/refusal/tax discrepancy/fresh app/add doc/tax amendment

Post by keth001 » Wed Jan 30, 2019 1:33 am

OK. but if she was refused will her 3C will stop? that is my biggest worry is.

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Re: ILR/refusal/tax discrepancy/fresh app/add doc/tax amendment

Post by Zimba » Wed Jan 30, 2019 1:38 am

Yes after the AR/Appeal window
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keth001
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Re: ILR/refusal/tax discrepancy/fresh app/add doc/tax amendment

Post by keth001 » Wed Jan 30, 2019 10:52 pm

hi Zimba,

I am planing to vary my wife's FLR M to FLR FP to buy some time. below is the summary:

1. Myself and my wife varied out Set(O) application to FLR (FP) in April 2018 (Did not get any acknowledgment)

2. June 2018 I varied FLR (FP) to ILR LR and my wife to FLR M (My ILR LR was refused last week)

3. Now my intention is to vary my wife's application to FLR FP again, and in May to vary to ILR LR

Will HO might refuse saying there are too many variations? can they? do you know any similar cases?

If you are in my position will you vary as per my above plan to secure the working rights and 3C or will you wait for a decision expecting they will wait until my hearing?

I am just asking for an opinion and fully understand HO might refuse either which way I go.

Kindly share your opinion.

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Re: ILR/refusal/tax discrepancy/fresh app/add doc/tax amendment

Post by Zimba » Wed Jan 30, 2019 10:55 pm

I cannot give you advice on that as in both cases there are no grounds for grant of leave. As I said it will be up to the HO
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keth001
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Re: ILR/refusal/tax discrepancy/fresh app/add doc/tax amendment

Post by keth001 » Wed Jan 30, 2019 11:02 pm

I totally understand. Apologies for asking your direct opinion.

But did not understand that you said there is no grounds to grant for leave.

If I vary her application to FLR FP and then apply for ILR LR in May when she completes 10 years, there is a chance to get it right? Please correct me if I am wrong

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