Post
by md haque » Thu May 25, 2017 2:00 pm
I'm currently on FLR (M) leave as a spouse of a British Citizen. I'll be completing 10 years continuous period in August & my current leave doesn't finish until May 2019. In my 10 years history, there's a slight problem (at least that's what I personally think given the current climate)--- I was on Tier 1 General (5 years) & dependent of my wife as a Student dependent (4 years) & now again spouse of my wife. On my initial application as a Tier 1 (General) applicant back in 2010, I had used a very very cheap so called accountant to submit the Return who submitted all wrong & the amount declared to HMRC was significantly different to that of the UKVI. We reviewed the submission when realised & got it amended & paid the liabilities & that was all some 2 years ago. And the extension of Tier 1 General was only on PAYE employment. And when completed 5 years on Tier 1, I had some shortfall of the required income threshold as I was doing some CPD (Vendor Certifications) & so applied to become spouse of my wife as she's British Citizen which was issued really quickly. When I wrote to HMRC explaining the problem, they took a bit longer to amend but finally did it & without any penalties or investigations & I paid whatever the liabilities were. I took advise from a very well known barrister (though he doesn't see personal clients but only advises lawyers) through another lawyer as this barrister has won very many Land Mark cases. According to him, UKVI shouldn't really refuse if I was to go for 10 years LR when qualify but in case if they raise the issue in refusing the application then I would certainly have a very good case for JR mentioning HMRC as an independent GOV Body & establishing their practise in terms of finding deception/false representations & also my intention of amending/correcting HMRC in good times & not just immediately before Visa applications. And he says that in all cases, there's no way that they would ask me to leave the UK since my wife is British and my child is British/Irish dual Citizen. My query to members here who's had experiences in seeing/dealing with similar cases, should I go for the LR application in August or just complete my 5 years as a Spouse? I'm not in rush to LR if it was to be a problem as clearly there are some problems in my history & frankly I don't really want to spend all the money for a negative outcome. Would much appreciate your kind (not harsh,rude, tease & picky as some senior members try to do without knowing individual circumstances as if these people with Tax problems are all bad) reply with valuable and helpful opinions. Many Thanks in advance
