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ILR Refused 322(5) 245(CD) and Tax-Discrepancy, defending against 322(5) &JR

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ILR Refused 322(5) 245(CD) and Tax-Discrepancy, defending against 322(5) &JR

Post by gbptier1general » Fri Mar 08, 2019 2:39 am

Hi All,
Hi Experts&Lifesavers/Moderators,

w.r.t other helping thread:-" ILR Refused 322(5) 245(CD) and 245CD(b)indefinite-leave-to-remain/ilr-refused- ... l#p1609103"
It is understood that one is granted visa on the earnings he/she claimed to Home Office but l do not understand why this expected that the earnings should actually match with HMRC if it is not the same accounting period.

For example, if earnings shown to HO is from Jan-15 to Dec-15 and when filling the Annual returns with HMRC it falls into two different tax years(i.e., Oct-15 to Sep-16). How do you expect them to match when the business is not static but a going concern. What home office should actually be looking at is actual tax return fillings not SA302. SA302 is just a summary of earnings in a tax year.

Home office in its guidance document said one should be careful when submitting tax documents for earnings to be claimed if it is not the same accounting period with other documents.This piece of advice is part of what they are using to refuse people which is contrary to their guidance.

Solicitors are aware of the recent overrule and l believe the written judgement will come out in due time. The judgement was reached on 30th Jan (according to the barrister that defended the case) but what everyone should be aware of is, they maybe other factors working against the release of the written judgement.

Pls reply w.r.t each point below:-
I just summarizing points in building Defending points against 322(5)&Tax Discrepancy for JR:-

1)What kind of Letter/Docs should I/can request from HMRC to prove:-
"Tax payer character& tax Liability are Perfect
."
2)What other set of Docs should I/can request from HMRC/Accountant/Other Tax Authorities to support Defense Application to HO for 10Yr-LR &minimize the IMPACT of Sec 322(5)/Deception.
3)As teddy0409:sated:"indefinite-leave-to-remain/jr-court-iss ... 58293.html"
This scenario has SA amendment with Applicant himself adjusting within the 3Yrs deadlines for standard Amendments(meaning with out any reminders/NO warning notes from HMRC) where there is NO tax liability for the Amended points,&the Amendments are due to Employer delayed of tax records,so this a VALID&accepted by HMRC as Genuine.
So,this with stands for itself with no obligation to 322(5) .

4)"No history of Tax Evasion /Attempted Tax Evasion"
What kind of Doc
-What kind of Letter/Docs should I/can request from HMRC to prove
Tax payer character& tax Liability are Perfect&also covers point-4.
5)To:Zing:-
by Zing » Wed Mar 14, 2018 9:38 am" The judgement was reached on 30th Jan (according to the barrister that defended the case) but what everyone should be aware of is, they maybe other factors working against the release of the written judgement."

A)Can u pls provide some points w.r.t your post above Notes you provided.
B)Can "Teddy0409" provider some Accounting compliance rules/Accounting principles that may help Defend Zing's Point pls.
This would Help all the ILR refusals w.r.t Tax issues Genuine ones.
If u were being asked in same thread,it was being condemned by Moderators.
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Re: ILR Refused 322(5) 245(CD) and Tax-Discrepancy, defending against 322(5) &JR-Urgent

Post by gbptier1general » Fri Mar 08, 2019 11:33 am

Hi All,
Hi Experts&Lifesavers/Moderators,
pls someone respond pls!
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URGENT ILR Refused 322(5) 245(CD) and Tax-Discrepancy, defending against 322(5) &JR-Urgent

Post by gbptier1general » Fri Mar 08, 2019 4:01 pm

gbptier1general wrote:
Fri Mar 08, 2019 11:33 am
Hi All,
Hi Experts&Lifesavers/Moderators,
pls someone respond pls!
can someone respond atleast!really URGENT!
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Re: URGENT ILR Refused 322(5) 245(CD) and Tax-Discrepancy, defending against 322(5) &JR-Urgent

Post by gbptier1general » Fri Mar 08, 2019 5:24 pm

Pls pls pls someone respond Pls!
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Re: ILR Refused 322(5) 245(CD) and Tax-Discrepancy, defending against 322(5) &JR

Post by bruteforce » Tue Apr 16, 2019 11:01 pm


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