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ILR Rejected Set O please help

Posted: Wed Jun 07, 2017 2:57 pm
by Vegeta
Hi, I applied for ILR in June 2016 as Tier 1 5 year route as director of limited company. I had amendment for 2010-11 tax year. I received my rejected letter today. It mentioned about amendments and other things. Wording of summary and last page is below. Could someone just guide me if it's valid rejection?

Decision summary:
We have considered your application for settlement in the UK as a tier 1 general migrant on behalf of secretary of state. Your application has been refused under paragraph 322(5), paragraphs 19(i) and 19(j) of Appendix A, 245CD(b), 245CD(g) with reference to Appendix A (Attributed), 245CD(c) and 245CD(d)(ii) with reference to 245AAA(c) of the immigration rules. Further details of the reasons for the refusal are given below.

Previous earnings:
You have claimed 35 points for total earning of £56000 as salary and dividends from your employment as sole director of xxx limited between 01june2015 to 31 may 2016
as stated in this letter we cannot on balance of probabilities be satisfied that the earning from xxx limited you have claimed in your tier 1 general application are genuine and therefore cannot include these earnings in our assessment of your application. We therefore cannot award you any points for earning.
UK experience:
We cannot corroborate any earnings as we cannot assess your UK experience because we are unable to confirm you have earned over £25000 in UK in the last 12 months. Therefore no points are awarded for UK experience.
Total points awarded equal 55
Continuous period:
your absence period has been assesses from 09 June 2011 to 09 June 2016 and it has been noted that from 09 June 2013 to 09june 204 you have had four periods of absences from 28 June 2013 to august 2013, 31 October 2013 to 30 December 2013, 16 February to 03 march 2014 and 20 march 2014 to 29 April 2014. The four periods of absences exceed 28 days and amount to 154 days (112 working days) out of UK, you stated absences were due to holidays. We do not consider your reason to be serious or compelling reason. Therefore you do not meet the requirements under 245CD(c) and 245CD (d) (ii) with reference to 245AAA(c) of the immigration rules.
your application has been refused paragraph 322(5), paragraphs 19(i) and 19(j) of appendix A, 245CD(b), 245CD(g) with reference to Appendix A, 245CD(c) and 245CD(d)(ii) with reference to 245AAA(c) of the immigration rules.

Re: ILR Rejected Set O please help

Posted: Wed Jun 07, 2017 3:15 pm
by DKV
Hi Vegeta. Sorry to hear about your refusal. Did you get a summary of your amendments? Was 322(5) imposed because of your amendments or current earnings?

Re: ILR Rejected Set O please help

Posted: Wed Jun 07, 2017 3:38 pm
by Vegeta
DKV wrote:Hi Vegeta. Sorry to hear about your refusal. Did you get a summary of your amendments? Was 322(5) imposed because of your amendments or current earnings?

Looks like yes. they stated " based on your actions in declaring different amounts of income to HMRC and UKVI we therefore are of the opinion that you have either misrepresented your earnings to HMRC in order to reduce your tax liability or provided false information about your earnings to UKVI in order to obtain leave to remain or both"

I have had only one amendment for 2010/11 but they said they received amended tax returns for 2010/11, 12/13, 13/14 when actually (12/13, 13/14) were just normal tax returns I submitted to them for proof.

Re: ILR Rejected Set O please help

Posted: Wed Jun 07, 2017 6:45 pm
by monty87
Looks like you had been refused on amendments as well as ilr income. What was the reason for your amendment? Were you interviewed about your ilr income?

Re: ILR Rejected Set O please help

Posted: Mon Oct 01, 2018 3:37 pm
by somapalaal76
Hi Vegeta,

Home this finds you well,

Have you had any response on you case and has there been any progress/ Success


Thanks
Some

Re: ILR Rejected Set O please help

Posted: Mon Oct 01, 2018 4:45 pm
by CR001
somapalaal76 wrote:
Mon Oct 01, 2018 3:37 pm
Hi Vegeta,

Home this finds you well,

Have you had any response on you case and has there been any progress/ Success


Thanks
Some
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