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ILR 10 years route SET(LR) Application Refused. Tax Issues.

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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jzebs
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Joined: Fri Jun 10, 2016 5:31 pm

ILR 10 years route SET(LR) Application Refused. Tax Issues.

Post by jzebs » Sat Jul 02, 2016 8:07 pm

I visit this site once in a while and read about people’s experiences. I would like to share my own experience.

I was on Tier 1 General route and then qualified for the 10 yrs and then decided to go for the 10 yrs route. I went to Croydon in January this year and was given a letter which, amongst other things, requested me to go and bring SA302 from HMRC. I was given 14.

I immediately contacted my accountant who was, at the time, unreachable. I then went to see another accountant that was recommended to me. I withdrew my application from HO b4 the 2wks elapsed. With the help of this accountant, HMRC amended and updated my application. In May, I then went to PEO in Cardiff with a solicitor. The solicitor advised that we go so as to be able to answer any query that may arise. Unfortunately, I was refused but was given 14 days to appeal or leave the country. CW cited paragraph 276B(iii) and 322(5). It stated that paragraph 322(5) was not a mandatory refusal. Then cited paragraph 276D with reference to paragraph 276B(iii) and 322(5). Also cited paragraph 276ADE(1)(i). CW also cited 276CE with reference to 276ADE(1), (i), (ii), (iii), (iv), (v), (vi).

I appealed in May (before the 14 days elapsed) and I’m now waiting for my case to be listed for hearing. I hear it takes from 9 – 18 months before the hearing because of the queue.
I have a child (8mths) born here and my dependant wife. I was advised by my solicitor to quickly apply for PBS dependant (online) for my wife before my visa expires in June which I did. I called the HO about 4 diff occasions just to confirm it’s the right thing to do. The HO sent acknowledgement and Biometric letter for my wife and this had been done.

This has been a very tough time in my life.

Please is there anyone with similar case like mine, whose appeal has been allowed or otherwise? What are my chances? What can I be doing with regards to the case while waiting for hearing date? I humbly seek your advice/opinion in this matter.

Thank you in anticipation of your response.

Obie
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Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
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Re: ILR 10 years route SET(LR) Application Refused. Tax Issu

Post by Obie » Mon Jul 04, 2016 12:33 am

I am thinking that Section 3C may be engaged as you have a previous application , which has yet to be decided.
Smooth seas do not make skilful sailors

jzebs
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Posts: 2
Joined: Fri Jun 10, 2016 5:31 pm

Re: ILR 10 years route SET(LR) Application Refused. Tax Issu

Post by jzebs » Tue Jul 05, 2016 2:09 am

Hi Obie,
Thanks for your feedback.
I haven't got any previous application which is yet to be decided.
I withdrew the Croydon (January) application before the 14th day deadline.
I appealed the Cardiff (May) refusal which I'm still waiting for my case to be listed.
My wife's PBS dependant application was made b4 my Tier 1 G visa ran out in June.

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