ILR Refused

[ugulfraz]

Dear All,

I applied for for ILR set (o) in feb 2016.Received a letter from HO today confirming my ILR has been refused. Following is a brief summary of case and reason for refusal. Any suggestion will much appreciated.

I have been residing in UK since October 2006. Currently i live with my wife (dependent) and two children (both born in UK). Our current leave to remain has expired in April.
I also mortgaged a house 2 years ago.
In my initial Tier 1 (G)application I claimed earnings in the region of £35K. this was made up of 3 sources.
1. employment (approx 11K)
2. self employment from Source A (Approx £20K)
3. Self employment from source B (approx £4.5K)
The tax return for that year was incorrectly submitted (earning from source A wasn't declared at all)
this is because i was employed by source A in the same year and assumed they will be submitting all the earnings to HMRC without realizing i had to declare the self employment income myself. please bear in mind this was the first time i did self assessment return and stupidly i dint get any assistance.
I only realised this mistake when I received SA302s for last 5 years after submitting the application for ILR. After which I contacted HMRC to Amend my tax return from that year (yet to hear back from HMRC, it’s been 3 months).
Reason for refusal states my application was considered under paragraph 245CD/322 (5) which implies the mistake in tax return for year 2010-2011 was not a genuine and suggests I have been deceitful. Further it states as there are concerns over genuineness of previous self employment therefore they can’t accept the income declared in this application as genuine hence award me zero points for earnings.
They have given me 14 days to ask for Administrative review.
Questions I have are:
What is best course of action now?
Letter doesn’t say I have right for appeal or judicial review. Can i still go for one of these options.
They haven’t returned our passports or any other documents, will they send them later?
Does the fact that my children are born in UK help the case?
Worst case scenario if I have to leave UK what happens to my house?
Regards

[noajthan]

This appears to concern ILR and not T1E so moved to ILR forum to avoid confusion.

[Abc499]

What is best course of action now?
Letter doesn’t say I have right for appeal or judicial review. Can i still go for one of these options.
They haven’t returned our passports or any other documents, will they send them later?
Does the fact that my children are born in UK help the case?
Worst case scenario if I have to leave UK what happens to my house?
Regards

Now there is no appeal right (except Long residency).
After administrative review then Judicial review so that option still you will get.

I guess you applied all together with child too. If you can provide more info then seniors might be able to share there opinion. Like UK born child's age, When did you update HMRC to amend the income, Is there any confirmation letter received saying its on the process or any revised calculation. Please consult with good Lawyer, I am afraid even if there is amendment before application still many people getting refused and they mention you amend this just before application to get approved. So when the amendment after application then may be tough to fight with there decision.

[ILR2015-2016]

Dear All,

I applied for for ILR set (o) in feb 2016.Received a letter from HO today confirming my ILR has been refused. Following is a brief summary of case and reason for refusal. Any suggestion will much appreciated.

I have been residing in UK since October 2006. Currently i live with my wife (dependent) and two children (both born in UK). Our current leave to remain has expired in April.
I also mortgaged a house 2 years ago.
In my initial Tier 1 (G)application I claimed earnings in the region of £35K. this was made up of 3 sources.
1. employment (approx 11K)
2. self employment from Source A (Approx £20K)
3. Self employment from source B (approx £4.5K)
The tax return for that year was incorrectly submitted (earning from source A wasn't declared at all)
this is because i was employed by source A in the same year and assumed they will be submitting all the earnings to HMRC without realizing i had to declare the self employment income myself. please bear in mind this was the first time i did self assessment return and stupidly i dint get any assistance.
I only realised this mistake when I received SA302s for last 5 years after submitting the application for ILR. After which I contacted HMRC to Amend my tax return from that year (yet to hear back from HMRC, it’s been 3 months).
Reason for refusal states my application was considered under paragraph 245CD/322 (5) which implies the mistake in tax return for year 2010-2011 was not a genuine and suggests I have been deceitful. Further it states as there are concerns over genuineness of previous self employment therefore they can’t accept the income declared in this application as genuine hence award me zero points for earnings.
They have given me 14 days to ask for Administrative review.
Questions I have are:
What is best course of action now?
Letter doesn’t say I have right for appeal or judicial review. Can i still go for one of these options.
They haven’t returned our passports or any other documents, will they send them later?
Does the fact that my children are born in UK help the case?
Worst case scenario if I have to leave UK what happens to my house?
Regards

Sorry to heat about you refusal brother! Please can you let us know When did you submit your biometrics and I believe it was postal application?