ILR Refusal On amendment Accounts

[RAOfahad]

Hi,

We (me and my wife) have been refused ILRSET (0) in UK today and have given the right to apply for Admin Review. I also have valid Tier 1 visa until 16/06/2016.

We have been told that we didn't declare our correct income from self employment on the last visa (HSMP extension) and there's a discrepancy in the profit shown to HMRC and UKVI, whereas we did declare the income after amendment in tax returns for 2012/2013 accounts and have paid all the tax before applying for ILR. The case dealer said "We are no more taking amended accounts into consideration and thus would still consider it as undeclared". I am not sure about this Law though as its not found on of the websites neither HMRC nor UKVI. Could you please tell me about this statement?

We have applied ILR on the grounds of paid employment solely and have received all the points on SET (O) Form according to points based system.

Please help me what is the best option for me to go for Admin Review or submit new application with all evidence of amendment and Tax paid?

[kirankhalil75]

Hi RAOfahad

Sorry to heard about your refusal, would you mind to tell me little more about ur experience.

Which PEO you went ?

Were they asked you to fill questioner ?

why did you submit amended tax documents, or did they asked you for that ?

did you take any representative or went by your self ?


thanks

kiran

[Abc499]

Please help me what is the best option for me to go for Admin Review or submit new application with all evidence of amendment and Tax paid?

Sorry to hear about that.
1.Did you not provide any amendment /revised tax documents for the corrected amount ?


If document not provided then may be you can think for fresh application, because unless you provide document after amendment they will not know because usually hmrc updating as revenue assurance but not updating SA302 which HO checking.

But if already all document provided then probably fresh application will not make difference. And good to fight with current one, as all tax paid accordingly ... Hopefully at the end all will be fine. Good luck

[mbili2013]

hi Girls & Guys, I am also going for ILR in Cardiff on 7th of June 2016 but waiting for 2010/11 amendment of tax to pay extra. My ac says to wait until it is updated and pay all but in above case even if u amend and pay there is no guarantee that it ll be accepted. My leave expires on 26 of June 2016.

Also HMRc is not giving and surety that they ll update on sys on time as they agreed to do it on 18 of May b4 but later said that it ll be done on 2nd of June...which is still doubtful if they ll update it. Its all depend on case worker if he over look at it in HO. otherwise dash dash dash...


Very much scared of it. Please help out. If anyone can...

[mbili2013]

Also guys in worse case if it my case refuses and i go for JR. My long residency will completer 10 years on 15th of Nov 2016.

1. Will the time of JR will consider in Long Residency? If yes then How long JR normally can be extended.

Please any one help.....

[Abc499]

Also guys in worse case if it my case refuses and i go for JR. My long residency will completer 10 years on 15th of Nov 2016.

1. Will the time of JR will consider in Long Residency? If yes then How long JR normally can be extended.

Please any one help.....

(this is completely a opinion)
I know its tough to wait but for your situation I think postal application is good. Because you are on much more better position than others who are facing tax issues.

# You will not be able to count JR times for completing 10 years (unless you get JR decision on your favor).
# you will be 10Y on 15th nov 2016, so you can apply in 10Y route from 18th OCT 2016.
# so if you apply by post just before 26th June 2016, then even if there is anything worst still you can complete this 4th month within this (including AR). So even if there is anything worst by that time you will have another option. I am not saying its guaranteed but by PEO application you are limiting your option by yourself (considering tax issues). Good luck with your application.

[wadda_laura]

good opinion. i agree.