Appeal help

[zymesn]

Hi everyone
Asking this question of behalf of my husband

He applied ILR Set O via Tier 1 G route which was refused because the caseworker was not satisfied that the income claimed was genuine he did have tax amendments for 1 of the year but because of that amendment he did not had to pay any tax (confirmed by HMRC through letter), on his refusal for SET O there was no mention of Section 322 at all.

All his taxes are paid in full without any instalments.

Anyway he applied for SET LR back in May through premium service but HO kept his application for further checks and now recently he got a letter from HO that they want to interview him for the application so just asking if anybody is in the same situation like this also any idea what the interview might be about.

thanks

[zimba]

The interview will be based on the income declare as a part of previous Tier 1 application. They want to see what was the reason for amendments and why no tax was paid and the source of the income declared.

[zymesn]

Thank you soo much for such a quick response

[zymesn]

UPDATE ON THE CASE

My husband had an interview in Sheffield and they asked for amendment he had done on his application.

Q. Did you do any amendment.
A. Yes.

Q. How much was the difference before and after amendment.
A. 5100 pounds (Tax calculations provided before and after amendment).

Q.Why the amendment was done.
A. Miscommunication between applicant, current accountant and previous accountant (Accountant letter provided explaining the error because of miscommunication).

Q. How much tax you paid after amendment.
A. None confirmed by letter received from HMRC (Letter provided).

Q. Who noticed this income difference.
A. Current Accountant.

Q. Anything further to add.
A. i. This was not a deliberate error.
ii. No pending investigation going on by HMRC.
iii, All the tax have been paid.
iv. Amendment done before applying the visa (11 Months).
v. If after all this explanation HO is going to refuse the visa kindly give outside country right of appeal as do not want to live like this without work and uncertainty.


Interview was for half an hour in total and CW said that they will decide within a week.


***Missed post today but it is from Sheffield as they are 4 parcels and are sent by recorded delivery, so 1 more night of anxiety and stress I guess***

Lets see what is the outcome of the application

[shak47]

Wish you good luck and do update us the good news !

[Kay2323]

UPDATE ON THE CASE

My husband had an interview in Sheffield and they asked for amendment he had done on his application.

Q. Did you do any amendment.
A. Yes.

Q. How much was the difference before and after amendment.
A. 5100 pounds (Tax calculations provided before and after amendment).

Q.Why the amendment was done.
A. Miscommunication between applicant, current accountant and previous accountant (Accountant letter provided explaining the error because of miscommunication).

Q. How much tax you paid after amendment.
A. None confirmed by letter received from HMRC (Letter provided).

Q. Who noticed this income difference.
A. Current Accountant.

Q. Anything further to add.
A. i. This was not a deliberate error.
ii. No pending investigation going on by HMRC.
iii, All the tax have been paid.
iv. Amendment done before applying the visa (11 Months).
v. If after all this explanation HO is going to refuse the visa kindly give outside country right of appeal as do not want to live like this without work and uncertainty.


Interview was for half an hour in total and CW said that they will decide within a week.


***Missed post today but it is from Sheffield as they are 4 parcels and are sent by recorded delivery, so 1 more night of anxiety and stress I guess***

Lets see what is the outcome of the application

Zymesn ,

Thanks for your time to update us in detail. Please keep is posted.

I wish you good luck!

[vut88]

Hi Zymesn,

Any Update? Let us know please.

Thanks

[zymesn]

Hi everyone, thanks for the wishes and the update is that the visa has been refused under section 276 and section 322.

276 because the applicant stayed outside of country for total of 670 days with no justification
Even though all the medical documentations were provided to support that extra stay.

322 because the applicant made an amendment in the tax return, therefore we deem this to be a legitimate attempt to deceive HO and applicant used deceitful means to obtain Visa.

In-Country right of appeal given.



my questions with the experts here is: If there is any way to change the in-country appeal to out-of-country appeal.

Thanks

[siftkhanz]

Hi all
My visa for ilr set lr refused on the basis of 276 and 322 (continuous residence and deception) with in-country appeal right given.
Can I in anyway ask HO or AIFT to change it to out of country appeal as I prefer to be out of this situation rather than stuck in it for another 1 or 2 years.
Anyone have any information on this kindly let me know.
Thanks

[CR001]

Have you registered another username in November to ask the same questions?

member/zymesn/

See also multiple usernames (clic)

[siftkhanz]

Didnt know about this rule ill delete the other id ... thanks

[CR001]

Didnt know about this rule ill delete the other id ... thanks

Usernames and posts are not deleted. The other username has been deactivated.

[siftkhanz]

Just found out cant delete id ... ill leave it as it is and wont use that id ... sorry for the inconvenience caused by me ...

[CR001]

Just found out cant delete id ... ill leave it as it is and wont use that id ... sorry for the inconvenience caused by me ...

No worries, I have deactivated it and merged the topics for you.