ILR/refusal/tax discrepancy/fresh app/add doc/tax amendment

[zimba]

This does not look right. You application was refused before the expiry of your leave this means there section 3C did not kick in. You then managed to apply for a new application before the expiry of your visa which makes it in-time so the section 3C kicked in after 24.05.2016 and continued until now. The matter of AR is completely irrelevant. The case worker here is wrong !

[keth001]

Thanks for confirming Zimba, do you think HO will raise the Tax issue at the hearing? can they do so while they did not mention anything about the previous refusal Tax dispute reason in this refusal?

[zimba]

Have you been given AR or appeal rights ??

[keth001]

I have given appeal rights

[zimba]

Then you should argue that. They can ask for reconsideration and introduce the tax issues in a reconsideration

[keth001]

But that is not correct, right? will the judge allow/accept to find new reasons just for the sake to refuse?

[zimba]

If they reconsider, they can refuse based on a different reason if there is any

[keth001]

Hmmm I understood. Thanks a lot for your information.

[keth001]

Hi Zimba,

I have a new problem now. When I applied for ILR LR on 16th JUne 2018 my wife applied for FLR M as she is only completing 10 years this May. HO have replied on her application straight away saying that her application was put on hold until a decision has been made on my application.

My question is now I got a refusal (of course I am going to appeal that), will they going to refuse my wife's application straight away? Or will they wait to see whether I am appealing and wait until the hearing?

In case if they refuse her now will her 3C will stop? Or as she is my dependent and I am still having the 3C she also will have it?

I am very confused. there is only 3 months left for her 10 years.

Can you kindly share your thoughts?

[zimba]

Depends on UKVI. There is a high possibility of refusal but I suggest to deal with that if it happens.

[keth001]

OK. but if she was refused will her 3C will stop? that is my biggest worry is.

[zimba]

Yes after the AR/Appeal window

[keth001]

hi Zimba,

I am planing to vary my wife's FLR M to FLR FP to buy some time. below is the summary:

1. Myself and my wife varied out Set(O) application to FLR (FP) in April 2018 (Did not get any acknowledgment)

2. June 2018 I varied FLR (FP) to ILR LR and my wife to FLR M (My ILR LR was refused last week)

3. Now my intention is to vary my wife's application to FLR FP again, and in May to vary to ILR LR

Will HO might refuse saying there are too many variations? can they? do you know any similar cases?

If you are in my position will you vary as per my above plan to secure the working rights and 3C or will you wait for a decision expecting they will wait until my hearing?

I am just asking for an opinion and fully understand HO might refuse either which way I go.

Kindly share your opinion.

[zimba]

I cannot give you advice on that as in both cases there are no grounds for grant of leave. As I said it will be up to the HO

[keth001]

I totally understand. Apologies for asking your direct opinion.

But did not understand that you said there is no grounds to grant for leave.

If I vary her application to FLR FP and then apply for ILR LR in May when she completes 10 years, there is a chance to get it right? Please correct me if I am wrong

[zimba]

That is nearly 3 months before she is eligible, it may work however you should accept the risk and the costs if you want to go for this.

[keth001]

I can manage the cost. Do you think FLR FP will get a decision within 3 months?

[gbptier1general]

Hi Guru,

tier 1 1st application made March 2011
tier 1 extension june 2013
corporation tax amendments for 2010/11 : March 2016
Self assessment first submission 20 may 2016( confirmation letter from HMRC submitted to HO stated that personal tax returns received and processed on 20th may)
ilr application 16th June 2016
ILR Refusal reason: as stated above letter from HMRC on self-assessment submission date no dividends were originally declared to HMRC on correct time so when you made teir 1 general to HO your earning claimed is not consistent with income declarations made to HMRC during the similar period so you can claim only 5 points for earnings
i can see many people in the same situation please help for chances to winning at AR/PAP/JR etc... if have less chances to win i will go back to home to save money and time
it is more frustrating on lawyer charges for further proceeds please help for next steps

thank you
Venkat

Hi Venkat999,
R u stl struggling?
Pls visit ,this may help you little:-"ILR Refused 322(5) 245(CD) and Tax-Discrepancy, defending against 322(5) &JR:indefinite-leave-to-remain/ilr-refused- ... l#p1752799