ILR refused for late amendments

[israrahmed]

No I don't meet the threshold. What is your advice? My concern is if I amend my return and since HMRC take too long to update HO will consider it or my application will just get refused. My 10 years will be over end August so will I able to apply ILR on 10 year basis after refusal? Thanks for your help.

[PDK2016]

I am going to apply for ILR on tier 1 general route I need to amend my 2010-2011 and 2012-2013 return my visa will expire on 24th June, any suggestions what should I do? Please help. Thanks

Hi,

Its a very tricky situation for cases like your. i would say try and consult any good solicitor.

PDK2016

[israrahmed]

Thanks, you reckon there is good chance of getting visa? Just now I am very stressed about this.

[Haimi123]

Hi guys, I am back.
My suggestion to all is if you have had amended your tax returns before filing ILR application then sooner or later you will succeed during JR or fresh application depending your circumstances . It will be difficult for the HO to convince court or to overrule HMRC letters issued after your amendments. Only time factor matters.

[israrahmed]

Thanks for your advice. Since my visa will be expired on 24th June the period from that date till next 2 months to make up my 10 year stay will it counted as legal stay?

[mk_engr]

Hi guys, I am back.
My suggestion to all is if you have had amended your tax returns before filing ILR application then sooner or later you will succeed during JR or fresh application depending your circumstances . It will be difficult for the HO to convince court or to overrule HMRC letters issued after your amendments. Only time factor matters.

agree with you. thats why i am not going for new application instead taking eroute towards JR.

[adamsmith]

Well your case is simple at the time of application your ammended tax return wasn't updated thats the only reason you got refusal... you shuld hve submit your tax review statement if your return wasn't updated......i have cross many cases they have amended tax return year 2010/2011 and got ILR Approved....but the only difference was they have applied after their record updated in HMRC system....so.now hopefully your record has been updated you should be ok and you will get your ILR Approved granted.....its not rocket science people are getting refuse coz of their own mistakes....alwayz apply once your ammended return updated otherwise send via post.....Tax ammendments is not criminal offence...if one is ammending his return watever reason HO cannot refuse visa lawfully unless its not been updated.....so dear all thoseare upset please dnt worry u all will be ok...but make sure apply after HMRC system updated your return..

Wish you all best of luck....

Thanks

My amendment has been updated after my I sent my application but before biometric was done. It's has been updated in my online profile as revenue assessment and I already paid the due.
Do u think HO will b able to see live information about my tax return? I have heard stories that they refused visa even after amendment bcos they couldn't find new information in
HMRC website. I am still waiting for response from HO.
Could anybody let me know if u have faced similar situation?
Thanks in advance.

[PDK2016]

Well your case is simple at the time of application your ammended tax return wasn't updated thats the only reason you got refusal... you shuld hve submit your tax review statement if your return wasn't updated......i have cross many cases they have amended tax return year 2010/2011 and got ILR Approved....but the only difference was they have applied after their record updated in HMRC system....so.now hopefully your record has been updated you should be ok and you will get your ILR Approved granted.....its not rocket science people are getting refuse coz of their own mistakes....alwayz apply once your ammended return updated otherwise send via post.....Tax ammendments is not criminal offence...if one is ammending his return watever reason HO cannot refuse visa lawfully unless its not been updated.....so dear all thoseare upset please dnt worry u all will be ok...but make sure apply after HMRC system updated your return..

Wish you all best of luck....

Thanks

My amendment has been updated after my I sent my application but before biometric was done. It's has been updated in my online profile as revenue assessment and I already paid the due.
Do u think HO will b able to see live information about my tax return? I have heard stories that they refused visa even after amendment bcos they couldn't find new information in
HMRC website. I am still waiting for response from HO.
Could anybody let me know if u have faced similar situation?
Thanks in advance.

Hi,

In my case i have updated everything before going to ILR and i got confirmation from HMRC and even i carried the proof that everything is clear but still HO refused my application saying that the information what they have is not matching with them.
Even they did mentioned that they can see the updated proofs from HMRC what i have submitted and refused my application under section 322(5)saying that there was no proper justification provided why i missed in first place.

It dose looks like HO is decide to Refuse if they see any opening.

PDK2016

[israrahmed]

Can somebody tell me if I am on tier 1 general visa can I apply for FLR(FP) visa?

[adamsmith]

Well your case is simple at the time of application your ammended tax return wasn't updated thats the only reason you got refusal... you shuld hve submit your tax review statement if your return wasn't updated......i have cross many cases they have amended tax return year 2010/2011 and got ILR Approved....but the only difference was they have applied after their record updated in HMRC system....so.now hopefully your record has been updated you should be ok and you will get your ILR Approved granted.....its not rocket science people are getting refuse coz of their own mistakes....alwayz apply once your ammended return updated otherwise send via post.....Tax ammendments is not criminal offence...if one is ammending his return watever reason HO cannot refuse visa lawfully unless its not been updated.....so dear all thoseare upset please dnt worry u all will be ok...but make sure apply after HMRC system updated your return..

Wish you all best of luck....

Thanks

My amendment has been updated after my I sent my application but before biometric was done. It's has been updated in my online profile as revenue assessment and I already paid the due.
Do u think HO will b able to see live information about my tax return? I have heard stories that they refused visa even after amendment bcos they couldn't find new information in
HMRC website. I am still waiting for response from HO.
Could anybody let me know if u have faced similar situation?
Thanks in advance.

Hi,

In my case i have updated everything before going to ILR and i got confirmation from HMRC and even i carried the proof that everything is clear but still HO refused my application saying that the information what they have is not matching with them.
Even they did mentioned that they can see the updated proofs from HMRC what i have submitted and refused my application under section 322(5)saying that there was no proper justification provided why i missed in first place.

It dose looks like HO is decide to Refuse if they see any opening.

PDK2016

Hi PDK2016,
What's the situation now? Did u apply for AR and JR? What's your next step?

I haven't heard from HO yet. I applied 7th of April. Is there a possibility that postal application can get some liniency? However, I cleared everything already. I applied LR basis, do u think they will give me appeal rights if I get refused?

[PDK2016]

Hi Adamsmith,

I have consulted few people and they say that i am not fault just need to prove that.
I went with solicitor to PEO and he did argued with the case work that it was accountant error that he missed my SA and case worker said that to put all the information in Admin review why it was missed.
probably Monday or Tuesday will go for AR but not sure will go through AR but definitely in JR.

Well i believe everything depends on the casework how they want to see the case.
i would say cross fingers.

PDK2016

[shanuk]

Hi All,

Lets create a forum like HSMP applicants done and went to the Judiciary.

WE SHOULD HAVE A PANEL OF BARRISTERS AND CHARTERED ACCOUNTANTS SO THEY CAN TAKE THIS FORWARD FOR ALL OF US.

What I feel if HO is interested to check HMRC records then it should be mandatory to have an HMRC staff in their office with Case Workers.

Case Workers do not have any knowledge and they are commenting on HMRC and accounts. e need to get it stopped.

Case Worker should not be allowed to reject on the basis of HMRC without having and HMRC staff comments there.

[adamsmith]

Hi All,

Lets create a forum like HSMP applicants done and went to the Judiciary.

WE SHOULD HAVE A PANEL OF BARRISTERS AND CHARTERED ACCOUNTANTS SO THEY CAN TAKE THIS FORWARD FOR ALL OF US.

What I feel if HO is interested to check HMRC records then it should be mandatory to have an HMRC staff in their office with Case Workers.

Case Workers do not have any knowledge and they are commenting on HMRC and accounts. e need to get it stopped.

Case Worker should not be allowed to reject on the basis of HMRC without having and HMRC staff comments there.

Hi,
I think you are absolutely right. we should definitely do that...Thanks for the suggestion..

[shanuk]

Thats good.

Lets spread the message and have like minded people on board.

[adamsmith]

Hi Adamsmith,

I have consulted few people and they say that i am not fault just need to prove that.
I went with solicitor to PEO and he did argued with the case work that it was accountant error that he missed my SA and case worker said that to put all the information in Admin review why it was missed.
probably Monday or Tuesday will go for AR but not sure will go through AR but definitely in JR.

Well i believe everything depends on the casework how they want to see the case.
i would say cross fingers.

PDK2016

Hi Bro,
I am really sorry to hear that even after amendment you got refused. Which year was your amendments for? Did u miss entirely to submit SA or submitted wrong amount? Mine was for 2010-11. My accountant under stated income which he even failed to mention to me during the submission. I asked him several times if everything is OK. He said dont worry, everything is fine. I know that we can't avoid responsibility because it was responsibility to make sure everything is ok. However, some blames goes to accountants too. Most of these accountants dont even know what they are doing. Many times they confused me with different version of the theory as what we should do about SA of a company director. I had to find out myself from the HMRC's website.

Please Brother keep in touch and let us know how it goes, as we all are victim of our own ignorance and also being sacrificial lamb of government politics.

[PDK2016]

Hi,

My SA was completely missed, and there were some issues mis calculations in accounts every thing sorted out every before applying still got refused.

PDK2016

[jsgw2016]

Hi Guys,

Please see the below link, a tribunal decision made in favour of UKVI.
https://tribunalsdecisions.service.gov. ... 04731-2014
I think the 322(5) refusal are based on this.

Regards

[screenprint]

@jsgw2016

This case is different than people who have rectify their past error/mistake ( call it what every you want to )

In this case the Appellant was caught with his trouser down red handed. I mean literally Red Handed.


If you ready if carefully he did not even declare his self employment in tax return of 10/11, he only rectify his error once HO have refused his application.

Also when he went for a appeal he did not submit any document from HMRC with regards to his self-employment tax return for a tax return ( 10/11) in question to court.

Please Read 41.

41. I bear in mind the burden and standard of proof, throughout, and that, where dishonesty is alleged or found proved, the more serious the allegation the more cogent must be the evidence for it. To avoid any room for misunderstanding, having regard to the documentary and oral evidence before me, I am satisfied so that I am sure that, at the time material to this appeal, the appellant adopted an entirely cavalier and dishonest approach to tax returns made by him to HMRC, which were to be submitted on a self-employed basis. The appellant was well aware of his immigration status and the importance of submitting accurate and correct documentation to the respondent, the more so given figures he has supplied to the respondent as to his level of income, when securing his immigration status. The appellant's ready concession at the hearing before me that he signed a blank self-assessment tax returns for completion by his previous accountants, to be based on whatever documents the appellant provided, for onwards submission to HMRC at a later stage, merely reinforces, in my judgement, his cavalier approach and the dishonesty he practiced. I find that, further, the reason the appellant has not pursued any formal complaint with his previous accountants' professional body is because he was complicit, throughout, in all that occurred.
41. I am no position to judge whether the appellant has since made a full disclosure in his alleged self-employed income during the relevant period, to the respondent and HMRC. His disclosures by his current accountants, Paperchase Taxation, are not supported by any or any complete and reliable material documentation I have seen; and I find that, moreover, such disclosures as have been made only occurred after the appellant was placed upon notice of the discoveries which led to the refusal of his application, the subject of this appeal. I find that, further and in the alternative, I cannot rely upon any dates provided by this appellant, nor any alleged self-employment receipts made to him, or submitted by him to HMRC. In short, I find the account of the appellant to be unreliable, throughout.

So the lesson to learn are

1) Put Official Complains against your accountant to relevant professional body. Keep a Copy of it.
2) Put your tax return in order before applying for ILR.
3) Have a very strong evidence why the tax return was not submitted or if you declare less income, they why ?

[jsgw2016]

@screenprint,

I understand your point, the appellant has fixed the tax retrospectively, and has no supporting documents from HMRC. I haven't found any other tax related tribunal decision, by which UKVI can refuse an application with 322(5). If anyone else has found any other tribunal decision, please post it
Regards

[shanuk]

Dear All,

Please join Facebook Group.

LETS HAVE A PANEL OF BARRISTERS AND CHARTERED ACCOUNTANTS, ILR REFUSALS

Thanks

[PDK2016]

Hi Guys,

Just wanted to know the status for the ilr refusal cases from last couple of Months in this forum.
Did anyone went for AR and what is the status.
Did anyone to PAP and what is the status.
Did anyone went to JR and what is the satus.
As I am in process of AR ...

PDK2016

[appy1234]

Hi All,
I have been a silent reader on this forum for few months now. Am exactly in same boat as many others with tax amendments to self assessment.

Case Summary:
Self employed 2010-11, 2011-12, 2012-13 & 2013-14 Self Assessments filed for all years in January 2016, HMRC SA302 obtained for all year apart from 2010-11 which they are still to update.
Went to Sheffield PEO on 21st May and got refused under 322(5) no HMRC records for self assessment earnings. got an Admin review and mine along with dependents visa expires on 29th May. Need desperate help.
1. I did not apply for dependents at PEO on 21st May so if I go for admin review what would be their status, how do I apply for them?
2. IS their any point in going for admin review or just directly start with pre action protocol?
3. Other seniors in similar shoes with success, could you please kindly advise me of good solicitor urgently as I do not have much time.

Any advice or help is much appreciated.

[sunny_sunny]

Dear All,

Please join Facebook Group.

LETS HAVE A PANEL OF BARRISTERS AND CHARTERED ACCOUNTANTS, ILR REFUSALS

Thanks

Hi, HSMP forum was for injustice from the Govt. on retrospective rules for all HSMP Visa holders.
But here it is about Tax Deception where many failed to pay tax due on that financial year. Many are blaming their accountants and say it is a genuine mistake.
So I'm not sure it makes any sense for joint effort since every case might be different.

[f317633]

There can just be two cases here ( as far as I see it).

1) correct taxes not paid.
2) correct taxes paid late ( in the form of amendment) but before ILR application.

As you rightly said all cases are different. But Ho has to make a single rules to deal with the applications? Do you personally feel tha Ho has been maintaining single rules for all ILR applications?

[CR001]

Topic will now be locked as the tag on posts, general 'support my cause' posts and discussions has detracted from the Original Poster.