ILR Refused due to tax discrepancies

[Lancer2016]

Hi

I entered UK in 2006 Nov as a student and then after my graduation got a 2 year PSW visa in 2009 and in April 2011 I got my Tier 1 Gen visa my earning threshold was £50k pa (I showed my employed salary of 25k and 25 k as self employed),however at that end of the tax year tax was paid for £ 30 k due to to ignorance and misguidance as such there is a shortfal of £ 20k for which tax has not been paid

In 2013 I got the extension and showed an income of 51k and its confirmed in the HMRC SA form

in April 2016 I went to Soihull PEO and got refused saying I inflated my earning in 2011 to get the TIer 1 visa and mislead 2 Govt bodies (HMRC +UKVI)

Admin review also refused and asked me to leave the country

my questions are

i) Do I stand any chance at all if I go for a judiciary review? or will UKVI say i mislead them about inflated 20k and didnt pay tax so I lose the case?

ii) How long does JR takes and any idea of the costs?

iii)Do I have right to work during the JR process?

iv) My 10 year is in Nov however I have now run out of my visa and in 2014-15 I had more than 180 days absence due to lack of work and personal issues here,do I stand any chance for 10 year ILR? or dont stand a chance?

v) after Admin Review refusal how long can I remain here ,i was thinking of going back by this month end if I cant got for JR (if its a weak case I wont do the pre action protocol as i cant afford to lose money as right now i dont have a job either)

Please advice me as i'm in a deep problem all due to my ignorance and misguidance in 2011

[noajthan]

...

my questions are

i) Do I stand any chance at all if I go for a judiciary review? or will UKVI say i mislead them about inflated 20k and didnt pay tax so I lose the case?

ii) How long does JR takes and any idea of the costs?

iii)Do I have right to work during the JR process?

iv) My 10 year is in Nov however I have now run out of my visa and in 2014-15 I had more than 180 days absence due to lack of work and personal issues here,do I stand any chance for 10 year ILR? or dont stand a chance?

v) after Admin Review refusal how long can I remain here ,i was thinking of going back by this month end if I cant got for JR (if its a weak case I wont do the pre action protocol as i cant afford to lose money as right now i dont have a job either)

Please advice me as i'm in a deep problem all due to my ignorance and misguidance in 2011

AR would only have been of value to contest any HO administrative or procedural type error or omission.

i) If you have a hearing you have a chance.

ii) £££££

iii) As per my understanding, no.

iv) Not looking good for ILR. Current visa issues will detract from the ILR application as well as the excessive absence.

v) Don't know.

Many similar and related cases to be found in forum; here's an example:
http://www.immigrationboards.com/indefi ... 10067.html

[Nzekells]

"iv) My 10 year is in Nov however I have now run out of my visa and in 2014-15 I had more than 180 days absence due to lack of work and personal issues here,do I stand any chance for 10 year ILR? or dont stand a chance?"

My thinking is that there might be an argument to try to convince them at JR that the mistake was not intentional. If you had paid off the owed tax before applying for ILR, that would have strengthened this assertion. The absence of any steps to rectify the mistake prior to decision is what solidifies the case they bring against you.

That said, ILR LR is fundamentally a HR appl. At the heart of this rule is the requirement that you spend 10 years legally in the UK. The tax issue is a new thing being shoved into the LR ILR decisions increasingly. That however does not mean most judges or even parliament would see it the HO way. That is perhaps why we notice that there are likely fewer refusals at the upper levels for reasons of tax for ILR LR applications. Its requirements are clear and tabulated for everyone to see.
However, you have broken one of its clear rules by staying beyond 180 days outside of the UK. Antecedents show it's possible to overcome this, at least to an extent. Please see link to live case http://www.immigrationboards.com/indefi ... 09907.html
However pls note that the HO might still scuttle such cases if the judge decides to buy their opinion. In your case, the tax issue is added grief thus making it double hurdle to cross.

Options 1: Spend the money to update your tax records for the deficit 20k and go for JR. The money is huge, but most importantly, we are not sure the reviewer will buy your suggestion of an innocent mistake as regards the 2011 tax issue. The risk here is if the judge labels it as (322) fraud. That automatically helps it fall for refusal again. (I still maintain that while these may happen, it doesn't still affect the heart of the LR ILR, assuming one has the time or willingness to go all the way in litigation). If you are not prepared to go all the way, you could lose money further as you fear. This is because we see an increase in such refusals at the bottom and mid levels.
Option 2: Just go for JR without updating the tax issue. This is more likely to be refused, as they would deem it you are getting away with 'deception'.
Aside departing from the UK like you plan, option 1 above might be the persuasion.

Good luck.

[CR001]

"iv) My 10 year is in Nov however I have now run out of my visa and in 2014-15 I had more than 180 days absence due to lack of work and personal issues here,do I stand any chance for 10 year ILR? or dont stand a chance?"

My thinking is that there might be an argument to try to convince them at JR that the mistake was not intentional. If you had paid off the owed tax before applying for ILR, that would have strengthened this assertion. The absence of any steps to rectify the mistake prior to decision is what solidifies the case they bring against you.

That said, ILR LR is fundamentally a HR appl. At the heart of this rule is the requirement that you spend 10 years legally in the UK. The tax issue is a new thing being shoved into the LR ILR decisions increasingly. That however does not mean most judges or even parliament would see it the HO way. That is perhaps why we notice that there are likely fewer refusals at the upper levels for reasons of tax for ILR LR applications. Its requirements are clear and tabulated for everyone to see.
However, you have broken one of its clear rules by staying beyond 180 days outside of the UK. Antecedents show it's possible to overcome this, at least to an extent. Please see link to live case http://www.immigrationboards.com/indefi ... 09907.html
However pls note that the HO might still scuttle such cases if the judge decides to buy their opinion. In your case, the tax issue is added grief thus making it double hurdle to cross.

Options 1: Spend the money to update your tax records for the deficit 20k and go for JR. The money is huge, but most importantly, we are not sure the reviewer will buy your suggestion of an innocent mistake as regards the 2011 tax issue. The risk here is if the judge labels it as (322) fraud. That automatically helps it fall for refusal again. (I still maintain that while these may happen, it doesn't still affect the heart of the LR ILR, assuming one has the time or willingness to go all the way in litigation). If you are not prepared to go all the way, you could lose money further as you fear. This is because we see an increase in such refusals at the bottom and mid levels.
Option 2: Just go for JR without updating the tax issue. This is more likely to be refused, as they would deem it you are getting away with 'deception'.
Aside departing from the UK like you plan, option 1 above might be the persuasion.

Good luck.

The OPs visa has already expired. The problem is that if JR is refused, the OP has no legal status as he is not covered by 3C. He needs legal status for the whole 10 years to apply for ILR LR, so this won't work either.

[Lancer2016]

Thanks for the replies it does not look good for me at all i guess

[Lancer2016]

After AR refusal upto how many days can I remain in the UK leagally

As I need to close up my LTD co,pack up ,say good byes,sell my car etc so I need time till end of june at least

AR was refused on 27th May

please can someone guide me

[imii]

I think 28 days ...!! Sad

[Plzilr]

Mate you can still fight for your right here i have seen many people here who refused then amended tax returns and post application by post though their outcome yet to be come but you should atleast give a last try as i would suggest..

[Lancer2016]

today i got a missed call from our friends at the HO but i didnt hear it it was a 0834 no then they sent a text saying your no longer allowed to stay here please call (no given ),i have not called yet as i want to check another lawyer tommorow

now the problem is my Tier 1 has expired on 22nd april and 3C leave on 27th may,so I cant make a fresh application either oly fight saying tax was accidental error/negligence

[Plzilr]

you can go for the Jr now did they refused you under 322 5?

[Lancer2016]

yes

any idea how long the JR review takes place? and possible cost involved

[Plzilr]

The possible cost you can see is around 5k, however you can minimise by doing AR by yourself as this would save you around 1k then PAP usually cost 1000 again and JR will cost round about 2k for skeleton argument and 1500 for hearing...