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Hi,

I got refused for ILR through tier 1 general 5 years completion (PEO Solihull 17/05/2016). Reason is section 322(5) non mandatory refusal

I declared income to UKVI for year 2012/2013 but declared "0" to HMRC. This is a pure error through wrong guidance and my lack of knowledge. All my tax returns have been done by myself and not through accountants. My 2011/2012 and 2012/2013 were done, declared and taxes paid. Since then I have been on PAYE. I have requested HMRC to send me all returns from 2011 to date in order to review and make sure all correct. I am confident, only 2012/2013 is incorrect.

What I have done now is resubmitted my tax return for 2012/2013, paid the taxes on-line, and re-applied before my current leave to remain expire (on the day it expired) through a solicitor with copies of amendment and payment confirmation etc.

Now waiting for HMRC to send my tax bill so that I can allocate the on account payments and get their system updated in order to send the correct / up to date documents with a statement of truth to UKVI as additional document to my latest postal application.

I'm sure there's quite a lot of possibilities for this to be rejected as well. Is there anything I could do to prove UKVIs' 322(5) reasons are purely due to incorrect guidance and my lack of knowledge and not intentional.

I could ask my company to sponsor me, but surely UKVI will pull my refused application out and refuse this as well. In my view, I have to prove that their refusal reason is because of my lack of knowledge and wrong guidance and not intentional, these are now corrected and confirmed with a statement of truth.

Any advise would be much appreciated.

nhrr wrote:Hi,

I got refused for ILR through tier 1 general 5 years completion (PEO Solihull 17/05/2016). Reason is section 322(5) non mandatory refusal

I declared income to UKVI for year 2012/2013 but declared "0" to HMRC. This is a pure error through wrong guidance and my lack of knowledge. All my tax returns have been done by myself and not through accountants. My 2011/2012 and 2012/2013 were done, declared and taxes paid. Since then I have been on PAYE. I have requested HMRC to send me all returns from 2011 to date in order to review and make sure all correct. I am confident, only 2012/2013 is incorrect.

What I have done now is resubmitted my tax return for 2012/2013, paid the taxes on-line, and re-applied before my current leave to remain expire (on the day it expired) through a solicitor with copies of amendment and payment confirmation etc.

Now waiting for HMRC to send my tax bill so that I can allocate the on account payments and get their system updated in order to send the correct / up to date documents with a statement of truth to UKVI as additional document to my latest postal application.

I'm sure there's quite a lot of possibilities for this to be rejected as well. Is there anything I could do to prove UKVIs' 322(5) reasons are purely due to incorrect guidance and my lack of knowledge and not intentional.

I could ask my company to sponsor me, but surely UKVI will pull my refused application out and refuse this as well. In my view, I have to prove that their refusal reason is because of my lack of knowledge and wrong guidance and not intentional, these are now corrected and confirmed with a statement of truth.

Any advise would be much appreciated.

Hi, sorry to hear the news. I think your refusal 322(5) is for Ilr only and if you apply under tier 2 employer sponsored visa , it should be ok. Because the guidelines for tier 2 are different . I may be wrong but check with few experts. I only attained this information from a immigration solicitor.

And by the way could you please give information about what documents you have put in your PEO application and were you given a questionnaire .

A 322(5) refusal for deception under one category of visa will be also relevant to a Tier 2 application. The deception doesn't miraculously disappear.

hi i have same situation same error happen with my tax return . please any update let me know same as i have any clue i will be share here.
thanks