ILR SET O refused tax issue

I have sent my PAP yesterday, And will challenge Homeoffice in JR if the PAP fails, Tax amendment or late filing is not classified as dishonesty in HMRC's point of view, My Solicitor is also a barrister and he is so confident that the case will be taken to court for hearing in 51% to 49% probability, Once the court have taken the case it is Homeoffice as the defendant to produce evidences how and when we were dishonest, Which is not a possibility as there are even few cases have received ILR after criminal conviction (Spent)..

teddy0409 wrote:I have sent my PAP yesterday, And will challenge Homeoffice in JR if the PAP fails, Tax amendment or late filing is not classified as dishonesty in HMRC's point of view, My Solicitor is also a barrister and he is so confident that the case will be taken to court for hearing in 51% to 49% probability, Once the court have taken the case it is Homeoffice as the defendant to produce evidences how and when we were dishonest, Which is not a possibility as there are even few cases have received ILR after criminal conviction (Spent)..

A midgey's nadger off 50/50 doesn't say 'confident' to me.

teddy0409 wrote:Tax amendment or late filing is not classified as dishonesty in HMRC's point of view, My Solicitor is also a barrister and he is so confident that the case will be taken to court for hearing in 51% to 49% probability, Once the court have taken the case it is Homeoffice as the defendant to produce evidences how and when we were dishonest

For argument sake, even though tax amendment or late filing is not classified as dishonesty by HMRC. Home Office is independent government body and does not really care what HMRC class as dishonesty as both departments serve different purpose (Tax department and border control). As per HO, you are considered dishonest because your declared income to UKVI is not consistent with HMRC. Burden of proof is also on you as well on why your character should not have been in doubt by Home Office or why you should not be someone who would normally be refused under general grounds of refusal. Home Office can always say applicants have paid tax liability for ILR purposes only and there is no guarantee they will adhere to UK tax legislation if given indefinite leave to remain (however it is still an assumption by HO). You will need to do more research on this issue then just rely on solicitors/barristers grounds. Though it is correct that Home Office may not have reliable evidence from HMRC to refuse under 322(5) for misconduct, you will also need to justify why you have made amendments with credible explanation and evidence that you did not have intentions to mislead one or the other governmental department in regards to tax liability or representation to UKVI.

Hi,
I went to Sheffield peo and got refusal as i made tax amendments for year 2010/11 and they refused my visa saying that dishonesty and i don't come under good character. I said my accountant did a mistake but they said accountants can't make a mistake and its your fault. After refusel i still had 4 days visa left so i put a fresh application with a cover letter explaining its not my fault and whatever peo people did was wrong. now its been 6 month and no reply from them.

Now i have spend 10 years in the UK and i am eligible for 10 year long route visa. My solicitor says we should vary application to ilr lr bcz we get right of appeal in it. I have asked my accountant to give a letter explaining that its your fault which he is not agreeing and saying i have clients they will close my business. Please give me your expert advise should i vary my application or not. I know even i vary deception charge will still be there. But if they refuse my visa under ilr set o what are my options if i don't vary? please please i need you to walk into my shoes and advise thanks

Posts merged.

hi my post is merged and look what happened nobody replied to me!

Its the middle of the night, people have after hours clubs to go to.
Or maybe just resting ready for work tomorrow.

People may reply if they are able to and if/when available.
Stand by.

[quote="outhector"]Hi,
I went to Sheffield peo and got refusal as i made tax amendments for year 2010/11 and they refused my visa saying that dishonesty and i don't come under good character. I said my accountant did a mistake but they said accountants can't make a mistake and its your fault. After refusel i still had 4 days visa left so i put a fresh application with a cover letter explaining its not my fault and whatever peo people did was wrong. now its been 6 month and no reply from them.

Now i have spend 10 years in the UK and i am eligible for 10 year long route visa. My solicitor says we should vary application to ilr lr bcz we get right of appeal in it. I have asked my accountant to give a letter explaining that its your fault which he is not agreeing and saying i have clients they will close my business. Please give me your expert advise should i vary my application or not. I know even i vary deception charge will still be there. But if they refuse my visa under ilr set o what are my options if i don't vary? please please i need you to walk into my shoes and advise thanks[/quote]

My friend you can't blame accountant until you proof.....if accountant give you a letter in which he admit his mistake then you have bright chances of getting visa.....but as you mentioned above that your accountant has refused and not giving you letter then there is no hope to win the case....Well blaming an accountant and not providing a letter to HO from him is an old technique until or unless accountant accept his mistake in writing.....good luck