ILR refused under 245CD

Hi,

I applied for ILR in October 2015 (5 years). I got called for an interview in April 2016. After waiting for 2 months I received a refusal letter on 1st July. The ILR was refused under paragraph 245CD with reference to Appendix A. The letter said they were not satisfied that the earnings were from genuine employment, rather from borrowed, gifted or shown in financial transaction without being earned. However, our case has not been classified as deception.

Brief history: Initially applied for ILR in August 2015 PEO Croydon, however we were asked to submit SA 300 or SA302 and CT 600. Coming from tax free country we were totally depending on the accountant and when approached to get these documents realised that the accountant had not done any of our taxes right nor did he do the work professionally. So we decided to withdraw our application and submit a new application in October after tax amendments. HMRC accepted and we are on a payment plan.

We have been given an option to go for Admin review within 14 days.

How should we proceed? Is there anyone with the same issue?

What other options do you have apart from AR. If not you may have to go through the AR and then JR route.

ilruk16 wrote:Hi,

I applied for ILR in October 2015 (5 years). I got called for an interview in April 2016. After waiting for 2 months I received a refusal letter on 1st July. The ILR was refused under paragraph 245CD with reference to Appendix A. The letter said they were not satisfied that the earnings were from genuine employment, rather from borrowed, gifted or shown in financial transaction without being earned. However, our case has not been classified as deception.

Brief history: Initially applied for ILR in August 2015 PEO Croydon, however we were asked to submit SA 300 or SA302 and CT 600. Coming from tax free country we were totally depending on the accountant and when approached to get these documents realised that the accountant had not done any of our taxes right nor did he do the work professionally. So we decided to withdraw our application and submit a new application in October after tax amendments. HMRC accepted and we are on a payment plan.

We have been given an option to go for Admin review within 14 days.

How should we proceed? Is there anyone with the same issue?

Sorry to hear about your refusal. Can you please share few more details. Was your initial application based on foreign earnings which were remitted to uk? And what abt your extension income?

ILR2015-2016 wrote:
Sorry to hear about your refusal. Can you please share few more details. Was your initial application based on foreign earnings which were remitted to uk? And what abt your extension income?

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yes it was both consultant charges from abroad and earnings in uk as well.

ilruk16,
You case is confusing.

I will advise seek legal advise from good solicitor or barrister.

Also check the HO policy guide line.