ILR Refusal under section 322(5)

abuibraheem · Post by **abuibraheem** » Sat Jul 02, 2016 11:57 am

Hey Guys,

on Monday 27th June i was refused ILR in PEO croydon on the basis of the tax year 2011-2012 as i claimed earnings of £26 as self employed but my accountant messed me up by filing the wrong tax return of only £7800.
that was my first year as a self employed business i have always done jobs and paid taxes on time PAYE.

i have been given a chance to do AR not sure how to rectify this in 1000 words...

i was thinking of calling HMRC and amend the tax return and pay what i owe them and then do a fresh application once i get a confirmation of the same....
i do have visa until nov 2017 and also i complete 10 years in December 2016.

what will be the the best option?

imii · Post by **imii** » Sat Jul 02, 2016 12:22 pm

Sort out your tax ( do the amendment and pay all the taxes )and go on 10 year route ..

CR001 · Post by **CR001** » Sat Jul 02, 2016 12:27 pm

imii wrote:Sort out your tax ( do the amendment and pay all the taxes )and go on 10 year route ..

Still does not guarantee ILR will be granted. 10 year route ILR checks also include HMRC/Tax etc.

Obie · Post by **Obie** » Sat Jul 02, 2016 1:21 pm

abuibraheem wrote:Hey Guys,

on Monday 27th June i was refused ILR in PEO croydon on the basis of the tax year 2011-2012 as i claimed earnings of £26 as self employed but my accountant messed me up by filing the wrong tax return of only £7800.
that was my first year as a self employed business i have always done jobs and paid taxes on time PAYE.

i have been given a chance to do AR not sure how to rectify this in 1000 words...

i was thinking of calling HMRC and amend the tax return and pay what i owe them and then do a fresh application once i get a confirmation of the same....
i do have visa until nov 2017 and also i complete 10 years in December 2016.

what will be the the best option?

General Grounds of refusal will have an effect on ILR application, especially in deception matters, as it may be construed as breach of immigration rules.

You need to resolve the 322 (5) issue, otherwise I see little path to ILR.

abuibraheem · Post by **abuibraheem** » Sat Jul 02, 2016 2:05 pm

thanks guys

But on the 10 year route i have 2 Doubts:-

1) i was away for a period of 13 months in 2010-2011 will it effect my application?
2) if i amend my tax and then pay it all off do the section 322(5) still stand? if yes then how do i resolve it ?

My Explanation to it
-The accountancy firm i used has shut down?
-i was new to the country and it was my first ever business year completely unaware about the law which is why i hired an accountant and paid him to do it for me....
-i have never had issues in tax matters before or after 2011-2012,
i-nfact i have overpaid tax in 2010-2011 and 2013-2014.
i have no criminal records,
i do community work and a lot of charity...
i have a wife and a child but never claimed any tax credits

it is disturbing to see the home office to give me a section 322 deception after they find out one mistake which was not even mine.

i need to get out of this at all cost !

please advice..

CR001 · Post by **CR001** » Sat Jul 02, 2016 2:39 pm

abuibraheem wrote:But on the 10 year route i have 2 Doubts:-

1) i was away for a period of 13 months in 2010-2011 will it effect my application? Absence of more than 180 days breaks continuity of residence for long residence ILR applications. So an absence of 13 months means you do not qualify for ILR based on 10 years long residence.

2) if i amend my tax and then pay it all off do the section 322(5) still stand? if yes then how do i resolve it ?

My Explanation to it
-The accountancy firm i used has shut down?
-i was new to the country and it was my first ever business year completely unaware about the law which is why i hired an accountant and paid him to do it for me.... It is the business owner/migrants responsibility to make sure they know what the requirements are. Ignorance is no excuse.
-i have never had issues in tax matters before or after 2011-2012,
i-nfact i have overpaid tax in 2010-2011 and 2013-2014.
i have no criminal records,
i do community work and a lot of charity...
i have a wife and a child but never claimed any tax credits Makes no difference, you are not allowed to claim benefits anyway.

it is disturbing to see the home office to give me a section 322 deception after they find out one mistake which was not even mine.

i need to get out of this at all cost !

please advice..

abuibraheem · Post by **abuibraheem** » Sat Jul 02, 2016 3:15 pm

not having the understanding of the law was the exact reason why i hired and payed a professional?

what is more likely to get approved for the ILR ?

1)in a new application after paying the tax or is it better

2) to do AR and then take the case in JR and resolve 322(5) by trying to prove my character and intention is good and it is no deception intend.

Casa · Post by **Casa** » Sat Jul 02, 2016 3:17 pm

abuibraheem wrote:not having the understanding of the law was the exact reason why i hired and payed a professional?

what is more likely to get approved for the ILR ?

1)in a new application after paying the tax or is it better

2) to do AR and then take the case in JR and resolve 322(5) by trying to prove my character and intention is good and it is no deception intend.

Obie has already advised that an ILR application stands little chance unless 322(5) is resolved.

Obie · Post by **Obie** » Sat Jul 02, 2016 3:20 pm

Sort out the tax discrepancies, get the employer to confirm it was an error on his part, go for admin review.

Try admin review, if unsuccessful try JR.

Put ILR when you have acquired relevant period.

Unlike the PBS refusal, with ILR (LR), you may get an appeal right.

honey2008 · Post by **honey2008** » Sat Jul 02, 2016 3:37 pm

The point is if you have shown SE income £26000 to Home Office to gain point but actually your income on record is £7800 then then you are eligible for VISA points of £7800 income only in additional to your PAYE income.

Also you have signed accounts, so it is obviously ACCOUNTANT MISTAKE will not stand as he is just preparing accounts as per details of income expenses and profit reported by you.

All these cases reported here clearly suggest tax avoidance only. You should not have MODIFIED the accounts after getting the VISA.

There are some scenarios for you.

1) If you have deep pockets & if possible, talk to HMRC , correct the accounts & pay the correct taxes.Make sure you get written confirmation of you NEW/Modified SA and reapply BUT Still ILR chances are remote.
2) As you have deception imposed your any further applications(ILR/British Citizenship) for any other route will be challenging as Home Office is checking TAX AFFAIRS thoroughly.
3) Start exploring PLAN B if UK residency fails.

Ta
Honey

CR001 · Post by **CR001** » Sat Jul 02, 2016 3:55 pm

Obie wrote:Unlike the PBS refusal, with ILR (LR), you may get an appeal right.

Unlikely OP will succeed with Long Residence ILR as he has a continuous absence of 13 months.

abuibraheem · Post by **abuibraheem** » Mon Jan 23, 2017 1:51 pm

hi all,

after 4 months i have received a refusal for my JR as well and they have given me an option of oral hearing.....

i have written conformation from HMRC that the taxes have been amended

should i go for the oral hearing or just make a new application ?

what are my chances?

i have visas for another 6 months

sifanaeem · Post by **sifanaeem** » Tue Jan 24, 2017 9:19 am

abuibraheem wrote:hi all,

after 4 months i have received a refusal for my JR as well and they have given me an option of oral hearing.....

i have written conformation from HMRC that the taxes have been amended

should i go for the oral hearing or just make a new application ?

what are my chances?

i have visas for another 6 months

I'm in a similar position as you are, my AR, PAP and the JR written applications have been refused, now have applied for Oral consideration. (I have added my case updates to this thread: http://www.immigrationboards.com/indefi ... l#p1444622)

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ILR Refusal under section 322(5)

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