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Hi all,
I applied ILR via post in December and its refused after 5 months. The caseworker refused it under section 322(2), 322(2A) and 322(5). I am feeling gutted and sad and need your help.
I have done amendments for 2010-11 returns and paid all the taxes in full in November, also I attached the new calculation in post. I received letter from home office for an interview in March. During interview they asked me about my self-employment in initial and extension applications. Then asked me about my taxes and why I have done the amendment, a form was also given which had few question related to self-employment.
Should I consider go for AR or fresh application?

322(2) and 322(2A)

(2) the making of false representations or the failure to disclose any material fact for the purpose of obtaining leave to enter or a previous variation of leave or in order to obtain documents from the Secretary of State or a third party required in support of the application for leave to enter or a previous variation of leave.

(2A) the making of false representations or the failure to disclose any material fact for the purpose of obtaining a document from the Secretary of State that indicates the person has a right to reside in the United Kingdom.

322(5)

(5) the undesirability of permitting the person concerned to remain in the United Kingdom in the light of his conduct (including convictions which do not fall within paragraph 322(1C), character or associations or the fact that he represents a threat to national security;

So what 'false representations or failure to disclose' did you do? Are your incomes declared to HO for initial visa and extensions and to HMRC for tax purposes different i.e. did you suddenly suffer a loss (reported to HMRC for less tax) as soon as your extension was granted? Did you only do a tax amendment thinking it will secure your ILR?

Thanks for prompt reply.

I did amendments for only 2010/11.

Income declared to HO :: 39700

Income declared to HMRC :: 35200

Because it was not complete year so I had few extra expenses, but my consultant said to amend it still even though my expenses were genuine. The worst advice I have taken in my life.

omnishanti wrote:Thanks for prompt reply.

I did amendments for only 2010/11.

Income declared to HO :: 39700

Income declared to HMRC :: 35200

Because it was not complete year so I had few extra expenses, but my consultant said to amend it still even though my expenses were genuine. The worst advice I have taken in my life.

Sorry to hear about your refusal.please can you advise when did you submit your biometrics nad what date was your interview held?was in Liverpool or Sheffield?

I gave finger prints in December and interview was in london.

Should i go for fresh application or AR?

omnishanti wrote:I gave finger prints in December and interview was in london.

Should i go for fresh application or AR?

well according to some applicants AR is just waste of time and money.but you already have tried postal application before.what does your solicitor suggest?

ILR2015-2016 wrote:

omnishanti wrote:I gave finger prints in December and interview was in london.

Should i go for fresh application or AR?

well according to some applicants AR is just waste of time and money.but you already have tried postal application before.what does your solicitor suggest?

Solicitor said try AR. I dont know what are the merits to give visa.

omnishanti wrote:

ILR2015-2016 wrote:

omnishanti wrote:I gave finger prints in December and interview was in london.

Should i go for fresh application or AR?

well according to some applicants AR is just waste of time and money.but you already have tried postal application before.what does your solicitor suggest?

Solicitor said try AR. I dont know what are the merits to give visa.

can I ask what is your earning band for ILR. my earning band is 35k

So even you were meting your earning threshold they sill refused you ? They can not refused you if you were meting you income threshold, you can easily win on this point in JR.

What was your earning Band for initial extension ? Was it £40,000/- ?

What was your application was it Set (o) or Set (LR) ?

omnishanti wrote:

ILR2015-2016 wrote:

omnishanti wrote:I gave finger prints in December and interview was in london.

Should i go for fresh application or AR?

well according to some applicants AR is just waste of time and money.but you already have tried postal application before.what does your solicitor suggest?

Solicitor said try AR. I dont know what are the merits to give visa.

Hi Omnishanti,

Don't loose hope. You have clearly done everything that could be done on your part.Paid all your taxes and have submitted the proof for the same with the application. Having gone through various forums on this issue, personally i would suggest to take the help of a reputed solicitor registered with the HO and make a strong case if it comes down to JR and may be a PAP. Although it might sound expensive, this will eventually work out in your favour. Although there are people out there who want to suggest otherwise and say things are grim. Do everything possible to get what you worked hard for.

Regards
Raj

thanks Raj.would you please advise me how much would be the charges for PAP and JR?

ILR2015-2016 wrote:thanks Raj.would you please advise me how much would be the charges for PAP and JR?

Hi,

I am not the proper person to advise you on the charges. It will be a great idea if you can find it from a reputed solicitor who have dealt with clients who are the in the same boat as you.

Regards

screenprint wrote:So even you were meting your earning threshold they sill refused you ? They can not refused you if you were meting you income threshold, you can easily win on this point in JR.

What was your earning Band for initial extension ? Was it £40,000/- ?

What was your application was it Set (o) or Set (LR) ?

My threshold was 35K. Caseworkers dont use their brain. I am very disappointed.

When did you do your ammendment? is it on HMRC online when you applied?

its all done prior to application last year. I know I will win this in JR however I dont have energy to go through that.

omnishanti wrote:

screenprint wrote:So even you were meting your earning threshold they sill refused you ? They can not refused you if you were meting you income threshold, you can easily win on this point in JR.

What was your earning Band for initial extension ? Was it £40,000/- ?

What was your application was it Set (O) or Set (LR) ?

My threshold was 35K, Case workers don't use their brain. I am very disappointed.

Very Strange Indeed, as they should have not refused you on

Fact is that you are meeting you income threshold.

Again I am very sorry to hear this, you should challenge this decision and I am certain that you can win this appeal easily. Which Category did you apply ? Set (O) or Set (LR) ?

Do u have any leave remaining ?

If u have applied through Set (LR) Long Residency than they should have given you a Appeal Rights and you can appeal against their decision. Is there any chance that you are completing 10 Year Legal Residence ?

[quote="omnishanti"]Thanks for prompt reply.

I did amendments for only 2010/11.

Income declared to HO :: 39700

Income declared to HMRC :: 35200

Because it was not complete year so I had few extra expenses, but my consultant said to amend it still even though my expenses were genuine. The worst advice I have taken in my life.[/quot

Hi definitely you will come out from this mess. What is your current amendment declared amount to HMRC.? What was your old amount declared to Hmrc?

screenprint wrote:

omnishanti wrote:

screenprint wrote:So even you were meting your earning threshold they sill refused you ? They can not refused you if you were meting you income threshold, you can easily win on this point in JR.

What was your earning Band for initial extension ? Was it £40,000/- ?

What was your application was it Set (O) or Set (LR) ?

My threshold was 35K, Case workers don't use their brain. I am very disappointed.

Very Strange Indeed, as they should have not refused you on

Fact is that you are meeting you income threshold.


Again I am very sorry to hear this, you should challenge this decision and I am certain that you can win this appeal easily. Which Category did you apply ? Set (O) or Set (LR) ?

Do u have any leave remaining ?

If u have applied through Set (LR) Long Residency than they should have given you a Appeal Rights and you can appeal against their decision. Is there any chance that you are completing 10 Year Legal Residence ?

No my 10 years will complete in 2018. They should have consider that I paid tax on 35K already and eligible for the required points.

omnishanti wrote:Hi all,
I applied ILR via post in December and its refused after 5 months. The caseworker refused it under section 322(2), 322(2A) and 322(5). I am feeling gutted and sad and need your help.
I have done amendments for 2010-11 returns and paid all the taxes in full in November, also I attached the new calculation in post. I received letter from home office for an interview in March. During interview they asked me about my self-employment in initial and extension applications. Then asked me about my taxes and why I have done the amendment, a form was also given which had few question related to self-employment.
Should I consider go for AR or fresh application?

Hello mate, i am sorry to hear about your refusal and i hope you come out of this. I am a bit surprised to see all these rejection clauses, as they are too many. Do you mind telling us what exactly does your refusal letter says? because it does not make sense to me that on what basis they have made such harsh decision. I believe there is more to this story. Can you enlighten us please. thanks

raju4u wrote:

omnishanti wrote:Hi all,
I applied ILR via post in December and its refused after 5 months. The caseworker refused it under section 322(2), 322(2A) and 322(5). I am feeling gutted and sad and need your help.
I have done amendments for 2010-11 returns and paid all the taxes in full in November, also I attached the new calculation in post. I received letter from home office for an interview in March. During interview they asked me about my self-employment in initial and extension applications. Then asked me about my taxes and why I have done the amendment, a form was also given which had few question related to self-employment.
Should I consider go for AR or fresh application?

Hello mate, i am sorry to hear about your refusal and i hope you come out of this. I am a bit surprised to see all these rejection clauses, as they are too many. Do you mind telling us what exactly does your refusal letter says? because it does not make sense to me that on what basis they have made such harsh decision. I believe there is more to this story. Can you enlighten us please. thanks

Thanks Raja. In refusal Caseworker stated that my business was not genuine at time of initial application. My initial application was fully self employed and I am IT Security Consultant. This is ridiculous because the clients I have done contracting work with are British Banks and NHS. I feel caseworker didnt study my case properly and refused me blindly.

omnishanti wrote:

raju4u wrote:

omnishanti wrote:Hi all,
I applied ILR via post in December and its refused after 5 months. The caseworker refused it under section 322(2), 322(2A) and 322(5). I am feeling gutted and sad and need your help.
I have done amendments for 2010-11 returns and paid all the taxes in full in November, also I attached the new calculation in post. I received letter from home office for an interview in March. During interview they asked me about my self-employment in initial and extension applications. Then asked me about my taxes and why I have done the amendment, a form was also given which had few question related to self-employment.
Should I consider go for AR or fresh application?

Hello mate, i am sorry to hear about your refusal and i hope you come out of this. I am a bit surprised to see all these rejection clauses, as they are too many. Do you mind telling us what exactly does your refusal letter says? because it does not make sense to me that on what basis they have made such harsh decision. I believe there is more to this story. Can you enlighten us please. thanks

Thanks Raja. In refusal Caseworker stated that my business was not genuine at time of initial application. My initial application was fully self employed and I am IT Security Consultant. This is ridiculous because the clients I have done contracting work with are British Banks and NHS. I feel caseworker didn't study my case properly and refused me blindly.

I believe Home office should only be concerned with the Tax. if we're doing business then only we're paying taxes.in your case did they mentioned anything about Tax amendment in your refusal letter?

Yes they mentioned that I changed my income declared to HO for tax avoiding purpose.

omnishanti wrote:

raju4u wrote:

omnishanti wrote:
Thanks Raja. In refusal Caseworker stated that my business was not genuine at time of initial application. My initial application was fully self employed and I am IT Security Consultant. This is ridiculous because the clients I have done contracting work with are British Banks and NHS. I feel caseworker didnt study my case properly and refused me blindly.

this is ridiculous, i think you gonna be fine if you go for the right solution. When you 10 years completing r u given any appeal right? or just AR? during your interview did they allow you to add any extra documents or not?

My 10 years are too far cant do that. During interview this representative of HO was typing my answers and confusing everything. I had to repeat my answers twice.

omnishanti wrote:My 10 years are too far cant do that. During interview this representative of HO was typing my answers and confusing everything. I had to repeat my answers twice.

10 years ILR they check tax/employment/income again anyway and that you have complied with all your previous visa requirements and this refusal will flash up on the system too.