ILR Refused via Tier-1 General..Reapplying Questions

zullu41 wrote:Hi,

I got the ILR approved today in re application.

Based on my experience following are key points:
(1) Sort out the SA returns filing/corrections
(2) Find a good solicitor/immigration consultant ( very hard to find )
(3) You should have a good reason with proof why the SA were not filed/correct before
(4) Re apply.

Admin review is a complete waste of time and money. On the positive side it gives you some extra time ( upto 28 days ) to prepare your case.

If your visa has expired then you have 28 days after the admin review result to re apply.

zullu41 wrote:Hi shahz123,

I have PM you the details. Good luck

jimtoole wrote:To find a good Immigration solicitor with experience follow these step.

1. Google Immigration Tribunals.
2. Find Cases for ILR appeals similar to your case.
3. On the published Tribunals the name of Solicitors is always there so make a note of a few solicitors that have won the appeals.
4. Call them and tell them what services you want and ask them their fixed fee.
5. Decide after meeting them if you are happy to have them working for you.

This way you know the solicitors have experience in winning immigration appeals so must be able to help you get through your application.

This is my opinion.

Regards,

paboluuk wrote:Hi zullu41,

Congratulations for your hard-work. can you PM me your contact details?

shib123 wrote:Belfast PEO. 322(5). They are saying retrospectively filed after first rejection

zullu41 wrote:Hi,

I got the ILR approved today in re application.

Based on my experience following are key points:
(1) Sort out the SA returns filing/corrections
(2) Find a good solicitor/immigration consultant ( very hard to find )
(3) You should have a good reason with proof why the SA were not filed/correct before
(4) Re apply.

Admin review is a complete waste of time and money. On the positive side it gives you some extra time ( upto 28 days ) to prepare your case.

If your visa has expired then you have 28 days after the admin review result to re apply.

zullu41 wrote:Hi,

I am director of a limited company.
I applied for ILR via Tier-1 general route on 5th Oct 2015. Was asked to attend interview 2 weeks later but wasn't informed what it was for. I got my case checked via a solicitor on 6-10-2015 and he advised me that i didn't had self assessment returns for 2011/12 and 2012/13 so contacted the accountant and filed them on 7-10-2015. There was NO ADDITIONAL TAX due as the income (salary + dividends ) was within the basic income tax threshold.
According to the accountant we got the UTR assigned in 2014 and subsequently the self assessment returns for 2013/14 and 2014/15 were filed in time. For years 2011/12 and 2012/13 there was no need to file the self assessments as per him as the (1) HMRC didn't demanded the returns (2) no additional tax was due (3) Dividends are also declared to HMRC when company accounts are sent to HMRC during the annual corporation tax filing.

Attended the interview in which was asked about company history / accountant / tax payments etc.

On 27-11-2015 received the refusal later
"We have accepted your claimed earnings for PAYE however HMRC records show that you have not completed a self-assessment tax returns to declare income received in the form of dividends from your company for any period between 2010 to 2015
It is also apparent when your income was eventually declared this had been done retrospectively after the date of your submission of your application. This has amounted to misleading another government department
On this basis settlement application is refused under paragraphs 322 (5) of the immigration Rules as your character and conduct in misleading another government department would lead to the undesirability of permitting you to remain in the United Kingdom"

I have hired a solicitor and applied for admin review last week.
All my taxes are paid in time for past 4-5 years. Self assessment for 2013/14 and 2014/15 was done in time. 2011/12 and 2012/13 self assessment was done late ( 1 day after the ILR application ) but no additional TAX is due. My claimed income during my previous extension applications and SA302 match.
DIVIDENDS are also declared to HMRC when annual company accounts are sent to them during corporation tax filing.

My query is :
(1) Normally what is the success rate of admin review applications ?
(2) I feel my case is strong as all the points raised in refusal are incorrect. But ofcorse 2 years self assessments are late ( with no tax implications ).
(2) If admin review is rejected then what are the next options i have ?

tier1_london wrote:

zullu41 wrote:Hi,

I am director of a limited company.
I applied for ILR via Tier-1 general route on 5th Oct 2015. Was asked to attend interview 2 weeks later but wasn't informed what it was for. I got my case checked via a solicitor on 6-10-2015 and he advised me that i didn't had self assessment returns for 2011/12 and 2012/13 so contacted the accountant and filed them on 7-10-2015. There was NO ADDITIONAL TAX due as the income (salary + dividends ) was within the basic income tax threshold.
According to the accountant we got the UTR assigned in 2014 and subsequently the self assessment returns for 2013/14 and 2014/15 were filed in time. For years 2011/12 and 2012/13 there was no need to file the self assessments as per him as the (1) HMRC didn't demanded the returns (2) no additional tax was due (3) Dividends are also declared to HMRC when company accounts are sent to HMRC during the annual corporation tax filing.

Attended the interview in which was asked about company history / accountant / tax payments etc.

On 27-11-2015 received the refusal later
"We have accepted your claimed earnings for PAYE however HMRC records show that you have not completed a self-assessment tax returns to declare income received in the form of dividends from your company for any period between 2010 to 2015
It is also apparent when your income was eventually declared this had been done retrospectively after the date of your submission of your application. This has amounted to misleading another government department
On this basis settlement application is refused under paragraphs 322 (5) of the immigration Rules as your character and conduct in misleading another government department would lead to the undesirability of permitting you to remain in the United Kingdom"

I have hired a solicitor and applied for admin review last week.
All my taxes are paid in time for past 4-5 years. Self assessment for 2013/14 and 2014/15 was done in time. 2011/12 and 2012/13 self assessment was done late ( 1 day after the ILR application ) but no additional TAX is due. My claimed income during my previous extension applications and SA302 match.
DIVIDENDS are also declared to HMRC when annual company accounts are sent to them during corporation tax filing.

My query is :
(1) Normally what is the success rate of admin review applications ?
(2) I feel my case is strong as all the points raised in refusal are incorrect. But ofcorse 2 years self assessments are late ( with no tax implications ).
(2) If admin review is rejected then what are the next options i have ?

Hi zullu4.. I am planning to apply for ILR in May. My self assessment returns are also in a similar state.. only submitted for 2013-14 and 2014-15. My accountant will submit for the earlier ones. But is there a fine for delayed returns from HMRC for this? I don't owe any taxes etc but for some reason my accountant has not filed for the first 2 years. A lot of Accountants discussing online have the same opinion that it is not required for directors if they don't pay higher rate taxes. I would be very grateful if you can answer this for me.

kirankhalil75 wrote:hi @ PDK2016

i am really sorry for your refusal and hop you will win this case in JR.

i want to ask you some questions if you don't mind,

1 did you meet with the caseworker or interview?
2 did the give you any questioner to fill ?
3 also did you take any solicitor with you ?
3 they did asked you any type of question about self employment or tax returns etc ?
4 whats time you went for your application, in morning or afternoon ?

Thanks
Kiran