ILR refused

[Priyanka85]

Hi all
My husband applied for ILR in February 2016 and got refused. In 2010 he applied for Tier 1 General visa claiming he earned 27k from self employment and 14k from a job. He got visa and his accountant suggest him to pay tax on 2k and not to pay rest. My husband biggest mistake was he got convinced and do same as he was going through hard time in that year. His second mistake was he didn't rectify his mistake in last five years. But he never do the same in later years he paid correct tax every year after that. He submitted the document showing he earned 27k and paid tax on 2k in 2013 to HO, when he applied for visa extention in 2013. HO approved his extention, before applying for ILR our consultant (who knows everything about our case as everytime he represent our file to HO) didnt inform us to clear our 2010 tax issue before applying for ilr. Our mistake was we totally depends on him, our two to three friends applied for ilr in same year got pr without any problem so we were not aware of present scenario. We got admin review and we did instead of accepting we work out that we had loss in 2011/12 year as we lose two big contracts and as per accounting rule you can settle your loss with previous year profit, we submitted account letter explaining loss, contract termination letters, invoices and money transfer reciepts and cover letter explaining loss but they refused saying you didnt update hmrc or ho about your loss so as per their records the decision made is correct. We dont have appeal rights i guess none get appeal rights now. We met 5 to 6 solicitors everyone suggest us to leave there are no chances we win our case. Its a bitter truth but hard to accept. I read many post on this page regarding ilr refusal in past few days so thought i post our case hope some shows us a way. Everyone work so hard to survive here and in some days you have to leave leaving everything behind is so hard. We only have a week left to decide something. If we accept our mistake and ready to pay tax in instalment and reapply a fresh application then is there any chance??we ask solicitor but he said you are applying again late as my husband visa expired in march.

Please suggest a way soon as we have a week with us to reapply again.

[ILR2015-2016]

Hi all
My husband applied for ILR in February 2016 and got refused. In 2010 he applied for Tier 1 General visa claiming he earned 27k from self employment and 14k from a job. He got visa and his accountant suggest him to pay tax on 2k and not to pay rest. My husband biggest mistake was he got convinced and do same as he was going through hard time in that year. His second mistake was he didn't rectify his mistake in last five years. But he never do the same in later years he paid correct tax every year after that. He submitted the document showing he earned 27k and paid tax on 2k in 2013 to HO, when he applied for visa extention in 2013. HO approved his extention, before applying for ILR our consultant (who knows everything about our case as everytime he represent our file to HO) didnt inform us to clear our 2010 tax issue before applying for ilr. Our mistake was we totally depends on him, our two to three friends applied for ilr in same year got pr without any problem so we were not aware of present scenario. We got admin review and we did instead of accepting we work out that we had loss in 2011/12 year as we lose two big contracts and as per accounting rule you can settle your loss with previous year profit, we submitted account letter explaining loss, contract termination letters, invoices and money transfer reciepts and cover letter explaining loss but they refused saying you didnt update hmrc or ho about your loss so as per their records the decision made is correct. We dont have appeal rights i guess none get appeal rights now. We met 5 to 6 solicitors everyone suggest us to leave there are no chances we win our case. Its a bitter truth but hard to accept. I read many post on this page regarding ilr refusal in past few days so thought i post our case hope some shows us a way. Everyone work so hard to survive here and in some days you have to leave leaving everything behind is so hard. We only have a week left to decide something. If we accept our mistake and ready to pay tax in instalment and reapply a fresh application then is there any chance??we ask solicitor but he said you are applying again late as my husband visa expired in march.

Please suggest a way soon as we have a week with us to reapply again.

sorry to hear about your refusal. did you apply by post or PEO?

[Pscloud]

@ILR2015-2016 :: Please read the post in full and then ask questions. Your questions are annoying. Her hushand must have applied on PEO so they decision quickly and went for AR.


@ Priyanka85 :: Unfortunately second application will refuse on same grounds, the only remedy to this is JR or if your husband's 10 years completing he can go for second application and vary his leave. Please dont spend anymore money on solicitors or consultants that will be waste. Ask questions here and we will help.

[sunny_sunny]

Sorry to hear that.
Not paying Tax due and deception will lead to ILR being rejected.
Hope people learn from this mistake and obey the law

[akinsman]

Hello
It is sad to hear your case giving the length of time you have been in the country. My candid opinion to you is this, all hope is not lost and that is if you are willing to share more information. Firstly, how long have you lived in UK and also do you have children born in the UK who may have reached the age of 7 years?
As per your ILR application, it seems it may be a difficult thing to pursue now as Home office will argue their case successfully at the hearing. So start considering other options which I have listed above. Believe in God you may have a case that will give you a lifeline.

[Priyanka85]

Hello

My husband here from 7 years, so he don't fall in 10 year category and don't have childrens.

Thanks all for information, but we decided to go back and start a new life.

[israrahmed]

Hi! I want to apply for ILR through tier 1 general route, my visa will expire on 24th June 2016. i need to amend my tax return from 2010-2011 and 2012-2013, just been on phone to HMRC they are saying it might take 2 to 3 months. What should i do? should i apply and send amendment or should i just take risk because my 10 years will be over on 1st september and my solictor adviced me that after visa and apeal process it will be possible for me to apply through 10 year rule. Can you please help me on that? i m so stressed just now. Thanks

[Abc499]

Hi! I want to apply for ILR through tier 1 general route, my visa will expire on 24th June 2016. i need to amend my tax return from 2010-2011 and 2012-2013, just been on phone to HMRC they are saying it might take 2 to 3 months. What should i do? should i apply and send amendment or should i just take risk because my 10 years will be over on 1st september and my solictor adviced me that after visa and apeal process it will be possible for me to apply through 10 year rule. Can you please help me on that? i m so stressed just now. Thanks

it is not that amendment ensure the ILR as we see many people getting refused even after making amendment but still I think its better to make the amendment. because even if you go for 10Y still they can check this. also there is no appeal right on PBS (tier-1 to ILR). you might get appeal on 10Y and you can fight probably if you amend this but if you do not amend it before apply then you might not have any ground to fight if they refuse on this ground.

[mbili2013]

Guys I am in almost same situation. Have sent my 2010/11 amendment on 1st of March 2016 till today 31th of May its not been updated by HMRC.

My Tier-1 Gen is exp on 26th of June 2016. HMRC said it ll be done on 18th may but did not amend later they said it ll be done on 2nd of June which I am hopeful they ll do.

I am just paying the expected tax for the above in advance at least. Also booked my date on 7th of June which I ll change to max time till 26th to get updated. Its 50/50 chance but by amending and paying prev tax make me strong enough to fight at least...Wish me all the best guys as I am going in Cardiff...

[rooney0511]

Hi! I want to apply for ILR through tier 1 general route, my visa will expire on 24th June 2016. i need to amend my tax return from 2010-2011 and 2012-2013, just been on phone to HMRC they are saying it might take 2 to 3 months. What should i do? should i apply and send amendment or should i just take risk because my 10 years will be over on 1st september and my solictor adviced me that after visa and apeal process it will be possible for me to apply through 10 year rule. Can you please help me on that? i m so stressed just now. Thanks

My advice is to start updating your tax returns asap, then put in a SET (LR) application on the last day of your visa expiry.( even if they do not get updated by then. )
Chances are your application will be taken up for consideration only after September.
You would have completed 10 years by then.
In a worst case scenario, you will get an appeal right based on 10 years application, whereas you will not get an appeal right on Tier 1 general route.
OR
Put in an FLR (O) application on June 24, saying that you want time for Life in the UK test.
Send the application by the slowest postal delivery, pay by cheque, delay the biometrics ( you will get 2 letters), by the end of second letter time limit you would have completed 10 years.
VARY the application to SET (LR) and it will be an in time application which will give you a right of appeal in a worst case situation.