ILR refused. Admin Review OR FLR (FP)?

My ILR refused on 17March2016 in the basis of Tax discrepancies.
31st March is the last date to do admin review.
16th April my Tier 1 (G) visa expires.
My dependents are: Wife, Non-UK born Son (more than 7 years been to UK), UK born Baby Daughter.
My questions are:
If I go for Admin review, by the time it is decided, my current leave will expire.
1) If Admin review is unsuccessful, can I apply for FLR (FP)?
2) Is there any other options in my case?

I am really worried. Your suggestions will be very helpful.

Thank you in advance for your suggestions.

I am very sorry to hear about your case it is very unfortunate for you and specially for you family.

1) Admin review will only buy you a extra time but outcome would be come like to be same unless you can prove that they have made a mistake, I would suggest you to clear the Tax discrepancies and apply again.

2) Clear the Tax discrepancies and Apply Again and apply by post. Amending Tax can take UpTo 3 month. But there is no guarantee that they will accept you amended tax as you have being caught.


May I ask what sort of deception they have imposed on you ?

It would also be useful if you can give more details about your background and refusal circumstances.

@Tirma:

very sorry to hear that, i am also going through same situation, mine got refused on Mar 23rd 2016 due to tax discrepancy.

Is there any update on your case yet ?

if you want to know my case and some answers, you can search by my name (bkapeed)

if you don't see search at top right, then you need to logout and then you should be able to see it at top right of the page

Thanks

Tirma wrote:My ILR refused on 17March2016 in the basis of Tax discrepancies.
31st March is the last date to do admin review.
16th April my Tier 1 (G) visa expires.
My dependents are: Wife, Non-UK born Son (more than 7 years been to UK), UK born Baby Daughter.
My questions are:
If I go for Admin review, by the time it is decided, my current leave will expire.
1) If Admin review is unsuccessful, can I apply for FLR (FP)?
2) Is there any other options in my case?

I am really worried. Your suggestions will be very helpful.

Thank you in advance for your suggestions.

Hi Tirma

Can you share what kind of Tax discrepancy was it?

322(5) imposed as my previous accountant did less tax return than what was claimed while initial application of tier 1 (g).

Dear moderators and seniors, can you please put some light on the following:

If my admin review refused as a worst case scenario, can I still apply for FLR (FP)?
By the time admin review decided, my visa (15April2016) would have been expired already.

If I can apply for FLR(FP) after my visa expired and got FLR (FP), will it be legal stay to count for my future 10 years route?

I am really worried as I don't know about these.

Thanks in advance.

Hi

Sorry to hear that. How much is the difference between HMRC and Homeoffice. It was only in initial application or extension as well.

Thanks
Regards
Kashif

@tirma:

sorry to hear that.

is there any progress in your case.

thanks

bkapeed wrote:@tirma:

sorry to hear that.

is there any progress in your case.

thanks

User Tirma only posted this original topic on 26th March. Very unlikely that there is an update given that it is a bank holiday weekend.

FLR(FP) , correction of tax, and JR.

Please note that Section 3C will discontinue.

If refused, you will get a right of appeal, and the time waiting will count towards ILR, until appeal is decided. This is not a section 3C right, but a concession under the Long Residence, that time when application is under consideration will be considered.

Tirma wrote:My ILR refused on 17March2016 in the basis of Tax discrepancies.
31st March is the last date to do admin review.
16th April my Tier 1 (G) visa expires.
My dependents are: Wife, Non-UK born Son (more than 7 years been to UK), UK born Baby Daughter.
My questions are:
If I go for Admin review, by the time it is decided, my current leave will expire.
1) If Admin review is unsuccessful, can I apply for FLR (FP)?
2) Is there any other options in my case?

I am really worried. Your suggestions will be very helpful.

Thank you in advance for your suggestions.

Sorry to hear about the ILR refusal. Can you please confirm few things?

1) which PEO did you go to?
2) were you employed or self employed at the time of your ILR?
3) did you apply based on 5 years or long residence?

Obie wrote:FLR(FP) , correction of tax, and JR.

Please note that Section 3C will discontinue.

If refused, you will get a right of appeal, and the time waiting will count towards ILR, until appeal is decided. This is not a section 3C right, but a concession under the Long Residence, that time when application is under consideration will be considered.

Thank you Obie for your response with lots of information.

My Admin Review request submitted on 27/3/2016.
It will decide in 28 or more days i.e. on 24/4/2016 or later.
My current leave will expire on 15/4/2016.

Do I have to apply for FLR (FP) before Admin Review decides or I can wait for the decision.

If I don't apply FLR (FP) now, will my current leave expires the day HO refuses my Admin Review?

Can Reviews (AR or JR) and FLR (FP) application go parallel?

Will I get right of appeal if I get refusal of Admin Review or FLR (FP)?

It will be appreciated if you clear my above queries.

Thank you very much.

f317633 wrote:

Tirma wrote:My ILR refused on 17March2016 in the basis of Tax discrepancies.
31st March is the last date to do admin review.
16th April my Tier 1 (G) visa expires.
My dependents are: Wife, Non-UK born Son (more than 7 years been to UK), UK born Baby Daughter.
My questions are:
If I go for Admin review, by the time it is decided, my current leave will expire.
1) If Admin review is unsuccessful, can I apply for FLR (FP)?
2) Is there any other options in my case?

I am really worried. Your suggestions will be very helpful.

Thank you in advance for your suggestions.

Sorry to hear about the ILR refusal. Can you please confirm few things?

1) which PEO did you go to?
2) were you employed or self employed at the time of your ILR?
3) did you apply based on 5 years or long residence?

1) Cardiff
2) Employed and Self Employed
3) After completing 5 years in Tier 1 (G)

Dear Moderators and Seniors,

My Admin Review request submitted on 27/3/2016.
It will decide in 28 or more days i.e. on 24/4/2016 or later.
My current leave will expire on 15/4/2016.

Do I have to apply for FLR (FP) before Admin Review decides or I can wait for the decision.

If I don't apply FLR (FP) now and HO refuses my Admin Review, will my current leave expires?

Can Reviews (AR or JR) and FLR (FP) application go parallel?

Will I get right of appeal if I get refusal of Admin Review or FLR (FP)?

It will be appreciated if you clear my above queries.

Thank you very much.

How much less income did you declare, please can you let us know so we can advise you accordingly.

They don't refuse application unless there is big difference what claim to home office and HMRC.

@Casa
I am sorry as I didn't know that I can't open new thread. I opened a new thread as I didn't get reply, I couldn't find the information in the forum and I was desperate. The following is what I posted in new thread where I am looking for the answer of my 2 questions. It will be appreciated if you can make me clear. Thank you:

==============
My ILR refused in March 2016 on the basis of Tax discrepancies. HO imposed 322(5) for my conduct as my previous accountant did less tax return than what was claimed to HO while initial application of tier 1 (G).

I submitted Admin Review on 27th March 2016
My Tier 1 (G) visa expires on 15th April 2016
My dependents are: Wife, a 10 years child (has been in the UK more than 7 years) and a UK born baby.

My questions are:
1) Should I apply FLR (FP) before my current visa expires or shall I wait for the outcome of AR?
2) If Admin review is unsuccessful, will I be a over stayer and will it affect my 10 years route? can I apply for FLR (FP)?

Dear moderators and seniors or anybody who come across this situation, please put some light on my case as I am in dilemma.

Thank you very much in advance.
=============

screenprint wrote:How much less income did you declare, please can you let us know so we can advise you accordingly.

They don't refuse application unless there is big difference what claim to home office and HMRC.

I don't think the amount matters if the UKVI deem the accountants mistake to be deliberate to gain the earnings level for extensions, hence most affected are T1G people needing the earning threshold but not actually earning the set amount but declaring they have and paying actual tax.

In those cases it's deception pure and simple and no amount of accountants mistakes are going to wash.

On the other hand if it's a genuine mistake fair enough.

In the other (now locked thread) I asked the following question:
Are you absolutely sure you've been refused under 322(5)? This is:
322(5) It is undesirable to let an applicant stay because
of their character, behaviour or associations
(including convictions which do not fall within
paragraph 322(1C)), or because they are a
threat to national security.

Wanderer wrote:

screenprint wrote:How much less income did you declare, please can you let us know so we can advise you accordingly.

They don't refuse application unless there is big difference what claim to home office and HMRC.

I don't think the amount matters if the UKVI deem the accountants mistake to be deliberate to gain the earnings level for extensions, hence most affected are T1G people needing the earning threshold but not actually earning the set amount but declaring they have and paying actual tax.

In those cases it's deception pure and simple and no amount of accountants mistakes are going to wash.

On the other hand if it's a genuine mistake fair enough.

I was asking in case the declare income to HMRC is still getting the required points to qualify for the Tier 1 - General points with home office, even after paying the less tax, what are your thought about such case's ?

Casa wrote:In the other (now locked thread) I asked the following question:
Are you absolutely sure you've been refused under 322(5)? This is:
322(5) It is undesirable to let an applicant stay because
of their character, behaviour or associations
(including convictions which do not fall within
paragraph 322(1C)), or because they are a
threat to national security.

@casa

Yes, I am sure. It is 322(5)

I am desperately waiting for the answer of the above 2 questions.

Thank you.

The letter says as follows:

"It is acknowledged that Paragraph 322(5) of the Immigration Rules is not a mandatory refusal, however the evidence submitted does not satisfactorily demonstrate that the failure to declare to HMRC....was a genuine error."

"Your application ... is refused under Paragraph 245CD as the requirements at paragraph 245CD(b) and (g) of the Immigration Rules have not been met with reference to Paragraph 19(j)(iv) of Appendix A and Paragraph 322(5) of the General Ground of the Immigration Rules."

Tirma wrote:@Casa
I am sorry as I didn't know that I can't open new thread. I opened a new thread as I didn't get reply, I couldn't find the information in the forum and I was desperate. The following is what I posted in new thread where I am looking for the answer of my 2 questions. It will be appreciated if you can make me clear. Thank you:

==============
My ILR refused in March 2016 on the basis of Tax discrepancies. HO imposed 322(5) for my conduct as my previous accountant did less tax return than what was claimed to HO while initial application of tier 1 (G).

I submitted Admin Review on 27th March 2016
My Tier 1 (G) visa expires on 15th April 2016
My dependents are: Wife, a 10 years child (has been in the UK more than 7 years) and a UK born baby.

My questions are:
1) Should I apply FLR (FP) before my current visa expires or shall I wait for the outcome of AR?
2) If Admin review is unsuccessful, will I be a over stayer and will it affect my 10 years route? can I apply for FLR (FP)?

Dear moderators and seniors or anybody who come across this situation, please put some light on my case as I am in dilemma.

Thank you very much in advance.
=============

hi mate
you if you gonna apply any application during AR , they will with draw your AR , mean you cant go for JR
and after AR decision you get 14 days so you can apply within 14 days

protagonist8 wrote:

Tirma wrote:@Casa
I am sorry as I didn't know that I can't open new thread. I opened a new thread as I didn't get reply, I couldn't find the information in the forum and I was desperate. The following is what I posted in new thread where I am looking for the answer of my 2 questions. It will be appreciated if you can make me clear. Thank you:

==============
My ILR refused in March 2016 on the basis of Tax discrepancies. HO imposed 322(5) for my conduct as my previous accountant did less tax return than what was claimed to HO while initial application of tier 1 (G).

I submitted Admin Review on 27th March 2016
My Tier 1 (G) visa expires on 15th April 2016
My dependents are: Wife, a 10 years child (has been in the UK more than 7 years) and a UK born baby.

My questions are:
1) Should I apply FLR (FP) before my current visa expires or shall I wait for the outcome of AR?
2) If Admin review is unsuccessful, will I be a over stayer and will it affect my 10 years route? can I apply for FLR (FP)?

Dear moderators and seniors or anybody who come across this situation, please put some light on my case as I am in dilemma.

Thank you very much in advance.
=============

hi mate
you if you gonna apply any application during AR , they will with draw your AR , mean you cant go for JR
and after AR decision you get 14 days so you can apply within 14 days

@protagonist8
Sorry for the delayed response. Thank you for the information.
In worst case scenario, if HO refuse AR and I apply for FLR (FP) and also file JR, will my previous leave continues? Will I be allowed to continue my employment and business?

I request Moderators, seniors to comment on this please. Thank you in advance.

Tirma wrote:@protagonist8
Sorry for the delayed response. Thank you for the information.
In worst case scenario, if HO refuse AR and I apply for FLR (FP) and also file JR, will my previous leave continues? Will I be allowed to continue my employment and business?

I request Moderators, seniors to comment on this please. Thank you in advance.

If AR fails and you choose to go for JR, you are not covered by 3C and cannot work if your existing visa has expired. If JR is in your favour, 3C will become engaged again. If JR is not in your favour, you will still be an overstayer.

CR001 wrote:

Tirma wrote:@protagonist8
Sorry for the delayed response. Thank you for the information.
In worst case scenario, if HO refuse AR and I apply for FLR (FP) and also file JR, will my previous leave continues? Will I be allowed to continue my employment and business?

I request Moderators, seniors to comment on this please. Thank you in advance.

If AR fails and you choose to go for JR, you are not covered by 3C and cannot work if your existing visa has expired. If JR is in your favour, 3C will become engaged again. If JR is not in your favour, you will still be an overstayer.

@CR001
Thank you for your response.

What do you suggest about FLR (FP)? As my son has been living in UK for more than 7 years.

what will happen to the section 3C if I apply for FLR (FP) within 14 days of the AR refusal in case?
Will Section 3C continues only if I apply FLR (FP) before my current visa expires?
Is there any other options available?

I am really worried about my family, my job, my business, my mortgage and so on.

Your advice will be very much appreciated. Thank you in advance.

Hello Tirma,
I can imagine the kind of pressure you are under tight now. God will see you through.
My personal advice is that you need to weigh your options .
Your 3c will only continue if you apply for the flr fp before ur current leaves expire.
Are you sure the AR result will be positive, I don't have personal experience with tier1. But if you know that you are likely going to be refused again, is it not worth preserving your 3c. And just go on to JR?
I believe JR and new application is possible.

favour wrote:Hello Tirma,
I can imagine the kind of pressure you are under tight now. God will see you through.
My personal advice is that you need to weigh your options .
Your 3c will only continue if you apply for the flr fp before ur current leaves expire.
Are you sure the AR result will be positive, I don't have personal experience with tier1. But if you know that you are likely going to be refused again, is it not worth preserving your 3c. And just go on to JR?
I believe JR and new application is possible.

Thank you for your reply.
So section 3C will not continue if I apply for FLR (FP) within 14 days of AR refusal in case?