In search of hope

[Hopeinthedark]

Good morning moderators and friends,
I never knew or heard about this board until my husbands application for ilr got rejected and the support system on here is remarkable I must say.
My subject says it all. I'm slowly slipping into depression, feel really helpless and in search of hope. My husband unfortunately has also been affected by tax amendments for 2011 and since I understood the problem we were up against, my world has come to a screeching halt. My nights are now without sleep and full of anxiety.
My husband is the kindest person I've ever known (and am sure is same for everyone else affected) and truth is I'll never know how he fell victim to this unfortunate situation because I've been in full time employment since I came to this country so never understood how the whole self employment worked until his application got rejected and I read tons of information on this board.
I've just had a daughter who is barely 3 months old and am currently on maternity leave and getting through each day alone with my little one is terribly hard. Plus my dad is dying of cancer.
I apologise sincerely if this isn't the place to offload like this but I see the support being shared here and I guess am just in search of hope.
I don't know what to do? I feel really lost and alone.
It's a really scary and lonely place to be to think that the reset button could be pushed after 9 long years of blood sweat and tears to build our lives and families.
myself and my husband are both past the ages for finding jobs if in the end we are forced to leave to our home country. Both our work experiences are not relevant as the economy isn't as developed so has no need for it. Most of our family is here.

Is there anyone in my shoes or similar? Am terribly worried about my wellbeing and just reaching out for any kind of hope and truth.
I fear that we may not stand any chance at judicial review because my husband has said to me that it's his negligence that has landed us in this hot water. How are we expected to build a case on negligence.

I need help and will appreciate any constructive advice. Is it a dead end or there is some new information am missing? Is there anything else we can do?
Current situation is we are waiting for result of admin review.
Please can I ask that you don't be in a hurry to judge my husband.its already terribly hard for me as it is.

Thanking you in advance
'In search of hope'

[seasky]

I have seen some very nice "saves" on this board. complete solutions to what people though was a lost cause.

You are human and emotions are understood but now suggest you post in detail you and your husbands situation otherwise the board cannot help you.

[Hopeinthedark]

Thank you seasky
I arrived in 2010 and after my psw visa switched over to his as his dependant. He has been under tier 1 general route. His application has been refused under 322(5) as his 2011 earnings don't match with hmrc's. The following years are all up to date and meet and surpass the threshold with all taxes paid on time with no amendments except for 2011 which he amended in March this year before applying in May. 2011 did not meet the threshold after his books were reconciled and there is a considerable difference - 35kho to 15khm
Please let me know if there is anymore information anyone needs to advice further.

Thanks in advance

Hope in the dark

[iworker]

i think generally the people who have had this problem, have been resorting to filling for AR and then PAP and then JR. there has not been much advise to people who have been refused , it has been more of discussion between people who have been refused. This is probably down to the fact that there is no advise or nothing much that can be done about it.

[monty87]

Thank you seasky
I arrived in 2010 and after my psw visa switched over to his as his dependant. He has been under tier 1 general route. His application has been refused under 322(5) as his 2011 earnings don't match with hmrc's. The following years are all up to date and meet and surpass the threshold with all taxes paid on time with no amendments except for 2011 which he amended in March this year before applying in May. 2011 did not meet the threshold after his books were reconciled and there is a considerable difference - 35kho to 15khm

Please let me know if there is anymore information anyone needs to advice further.

Thanks in advance

Hope in the dark

Sorry to hear about your husband's refusal and don't lose hope. Does he have any explanation why he had to ammend his return? Was he interviewed to explain discrepancy? The fact that he has ammended his return before ILR application and made an effort to correct any discrepancies can be argued in the court.

Have a look at below tribunal case, appellant hmrc record was considerably lower in comparison with HO.

http://www.bailii.org/uk/cases/UKAITUR/ ... 12013.html