10 year ILR refused

Dear all,

Thank you for reading my post. My LR has been refused on 25 July and I am trying to get some collective wisdom of what to do next.

Immigration history as follows:

2009-2011 PSW self employed
2011-2013 Tier 1 -mixed income - self employed and full time employed
2013-2015 Tier1 - mixed income - self employment and full time employment
2016 applied for ILR, was waiting for it over 13 months and in the end switched to Tier 2
In April 2019 I applied for LR premium service abd then I received a letter from the Home Office asking to provide additional documents. I worked with a barrister who put together the case and I provided all possible documents I could find to support previous Tier 1 applications and explain my case.
I had some tax issues, which were amended and everything was paid to HMRC. I had tax audit conducted and my current accountant has also provided the letter to explain what changes were made. I also provided a letter from HMRC indicating that I completed payments.

Home office however refused the application on the grounds of 322(5).

My Tier 2 expires in April 2020 and Tier2 has not been curtailed.

I have right to appeal and my barrister said that I could win. However I am a bit reserved about this optimism.

The tone of refusal letter was very negative and they counter argued all points that the barrister raised when submitting my case.

The Home office also did not take into consideration the fact that I had anxiety and went through bereavement.
Human rights aspect has not also been taken into consideration. I live by myself and have no direct family in the country of origin.

The barrister suggested that I get more evidence ahead of appeal and perhaps involve forensic accountant.

I cannot provide more evidence than I have already provided.

My old accountant is no longer trading and he would not act as a witness and explain what caused the errors.

The Home office letter also notes that were I wish to work in the UK I could could apply for right to remain under Tier2.

My questions are following:

Is it worth going through the ordeal of appeal or is it going to be waste of time and money?

In 2020 will have been on Tier 2 for 3 years. What is the maximum can I have if HO grants leave to remain? Is the duration 2 or 3 years?

Can I apply for ILR again using Tier 2 or 322(5) will be stopping it?

Thank you for your time and consideration

The tax amendment issues were discussed here at length when the Tier 1 General ILR were being refused. Data shows that many of the people involved had huge tax discrepancies. Accountant error as an explanation was also largely dismissed when these cases went to the tribunal. The success rate seems to be around 50%. If the errors were genuine and discrepancies were marginal, you have a case otherwise you will face difficulty.
More: https://www.ein.org.uk/news/breaking-co ... 5-refusals
Tax issues could affect ILR under all the routes

Thank you for your reply and links provided

See also Tax and 322(5) refusals.