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Hi,

My ILR application refused as well today at Crydon centre.

Reason for refusal sound but opinion based. My 2010-2011 tax which amended recently and paid in full with interest.

Case worke gave me reason for dishonest and deception even though I paid tax and have update documents from Hmrc and now still got refusal.

Any advise please. What options I can have now. My visa expire in next two weeks.

Thanks

Ron

You had tagged onto someone else's topic.

To avoid confusion & jumbled responses, I have moved your question to its own thread (this one).

The Case Worker is likely to have taken the view that you only amended your tax when you became aware that your ILR may be refused.

Hi,

Please help and advised.

Got ILR refusal today on the same issues as all tax amendment from 2010 to 11. But I paid and all clear and everything. But still got no.

No I told them that I dont want admin review which I should but thought may I can apply fresh application. As admin review might have less chances.

Still in talk to my solicitor and will next week what next.

But in mean time please let me know what best option can be.

Everything paid and clear and all up to date and still got refusal which I only think opinion based refusal from case worker.

Hi,

Any help and advise. Posted my questions in another topic

Got ILR refusal based dishonest that I didn't pay 2010-11 tax on time as I did amend this year and paid all my tax with interest. And provided all proof.

But still got refuse.

What options I can have now? Read lot same cases but my case is bit different as I already paid the tax and clear due.

Let me know plz. Thanks

Ron101 wrote:Hi,

Please help and advised.

Got ILR refusal today on the same issues as all tax amendment from 2010 to 11. But I paid and all clear and everything. But still got no.

No I told them that I dont want admin review which I should but thought may I can apply fresh application. As admin review might have less chances.

Still in talk to my solicitor and will next week what next.

But in mean time please let me know what best option can be.

Everything paid and clear and all up to date and still got refusal which I only think opinion based refusal from case worker.

Sorry to hear about your refusal. You should apply by post now with accountant letter with proper explanation. Please can you confirm wat was the amount amended compared the previous amount declared to HO?

@Ron101 kindly keep questions in same topic.

Multiple posts

what was your amount before amendment ? whats your threshold income? were you above threshold before amendment? When you apply by post don't just rely on solicitor/advisor. couple of basic things you must includes in your postal application like prove you genuine business activity with all evidence(caseworker may ask client contacts details) , List breakdown of all expense and accountant explanation letter.

Hi Ron,
Sorry to hear about ur case but I think u n people similar in ur position have got a strong case because of following reasons.

1. As long as ur tax amendments are acceptable to HRMC, it must be acceptable to any other government agencies including HO. HMRC is the tax collection agency and they r the one to decide whether amendments r acceptable or not, HO has got no say on it on why the taxes have been amendment. While rest of the UK can amend their taxes and is acceptable to all government agencies so can an ILR applicant amend their taxes and must be acceptable to all other government agencies and if they refuse to accept it or ignore it then that is discrimination against ILR applicants.

2. Also, I hear that tax amendments have been done with the intention of getting ILR to which I'll argue that isnt getting ILR the sole objective. It's like telling applicants that we will not accept ur 2nd income because that will put u above income threshold thereby making u eligible for visa/extension/ILR ... this is absolutely ludricrous. Ever since u enter this country u work hard n hard enough not just to make ur livelihood but also to make sure that u remain eligible for all the extensions and ILR.

3.May be u had a piffany or whatever, but whenever u realised/noticed u have to amend ur taxes for whatever reason, u took the initiative of doing the right thing which does shows ur positive attitude of "getting things right". So the notion that u did amendment for ILR doesnt quite hold water. Even if u did for ILR then where it is mentioned that u cant do it for ILR.

4. HO has refused ur ILR with reason of dishonest and deception, but where the question of dishonest or deception comes into picture? u paid all ur taxes and dues as imposed by HMRC, so u r being honest here by showing ur amendments, paying taxes, interest and/or penalties. The deception could have come into play if u would have forged or fabricated a tax document n submitted to HO but that is not the case here.

5. Also remember if it was not allowed/permissible to amend ur taxes then HMRC would not have accepted ur amendments in the first place. Therefore whatever u did was within legality and was within ground rules lay down by HMRC. So HO has to come clean n say that they will not accept any kind of amendments done anytime during an applicants stay, which they cant say because again it will be discrimination against applicants.

6.I would strongly suggest to discuss these points with ur solicitor and if all similar cases can put a collective voice then it surely makes a stronger case.

Feel free to share ur thoughts...

I absolutely agree with the above response. I think Ho has been using and abusing its powers to inflict pain to applicants.

There are thousands of similar cases and I think there should be something done in order to voice this concern and argument somewhere in petition collectively....

Because strength is in numbers when it comes to raise voice against unfair system and victimisation of instituational decrimination.

Let me know your thoughts...

case#76 wrote:Hi Ron,
Sorry to hear about ur case but I think u n people similar in ur position have got a strong case because of following reasons.

1. As long as ur tax amendments are acceptable to HRMC, it must be acceptable to any other government agencies including HO. HMRC is the tax collection agency and they r the one to decide whether amendments r acceptable or not, HO has got no say on it on why the taxes have been amendment. While rest of the UK can amend their taxes and is acceptable to all government agencies so can an ILR applicant amend their taxes and must be acceptable to all other government agencies and if they refuse to accept it or ignore it then that is discrimination against ILR applicants.

2. Also, I hear that tax amendments have been done with the intention of getting ILR to which I'll argue that isnt getting ILR the sole objective. It's like telling applicants that we will not accept ur 2nd income because that will put u above income threshold thereby making u eligible for visa/extension/ILR ... this is absolutely ludricrous. Ever since u enter this country u work hard n hard enough not just to make ur livelihood but also to make sure that u remain eligible for all the extensions and ILR.

3.May be u had a piffany or whatever, but whenever u realised/noticed u have to amend ur taxes for whatever reason, u took the initiative of doing the right thing which does shows ur positive attitude of "getting things right". So the notion that u did amendment for ILR doesnt quite hold water. Even if u did for ILR then where it is mentioned that u cant do it for ILR.

4. HO has refused ur ILR with reason of dishonest and deception, but where the question of dishonest or deception comes into picture? u paid all ur taxes and dues as imposed by HMRC, so u r being honest here by showing ur amendments, paying taxes, interest and/or penalties. The deception could have come into play if u would have forged or fabricated a tax document n submitted to HO but that is not the case here.

5. Also remember if it was not allowed/permissible to amend ur taxes then HMRC would not have accepted ur amendments in the first place. Therefore whatever u did was within legality and was within ground rules lay down by HMRC. So HO has to come clean n say that they will not accept any kind of amendments done anytime during an applicants stay, which they cant say because again it will be discrimination against applicants.

6.I would strongly suggest to discuss these points with ur solicitor and if all similar cases can put a collective voice then it surely makes a stronger case.

Feel free to share ur thoughts...

Logical and brilliant, kudos for that

so how we going to do this?

Hi,
Been to Liverpool as I did the same amended 10-11 n 12-13 and paid full taxes. Case workers said dishonest and deceitful in your dealings with Hmrc and/or ukvi and given the same reason as others mentioned. 322(5) n 245cd have been applied
Need help. AR given with the refusal letter and I don't know what to mention in AR form
Regards
H

Ron101:
I am very sorry to hear about your refusal.

You have 2 options in your hand
1. Submit the admin review
2. Submit the fresh application

Now you have to work out the right and effective way.

Admin review Fact:
If you apply for admin review there is huge chance of refusal.
After admin review refusal you have have serve the Pre Action Protocol before lodge the judicial Review according to the Judicial review process. If you are very lucky enough then you may get positive result.
If your Pre Action Protocol refused then you have to apply for Judicial Review. Please keep in mind that it will take minimum 1 year to receive the court decision. Off-course Judicial Review is very expensive and you will not have work rights during judicial review.

I have believe and trust that YOU WILL WIN THE CASE as you have amend and paid full tax according to the HMRC policy.


Fresh Application fact
As already home office given you depiction charge there is no way to success the fresh application. If you submit fresh application then there is huge chance to refused the application and it will cost you big amount for pay the visa fee + other fees again.

Its better to not pay the visa fee again to home office, better keep this money for lodge Judicial review.

I have given you both sides scenario, now it's your turn to make the decision at your end.

=========================================================================================
I AM NOT IMMIGRATION ADVISOR OR SOLICITOR. I JUST GIVE MY PERSONAL OPINION TO HELP COMMUNITY.

Hi,
Admin Review what to write?? Need help.

Haroon1824 wrote:Ho mentioned 322(5) n 245(cd)
If I switch to tier 2 wat % r chances to get tier2 visa

Stop wasting space with padding posts.

Haroon1824 wrote:Hi,
Been to Liverpool as I did the same amended 10-11 n 12-13 and paid full taxes. Case workers said dishonest and deceitful in your dealings with Hmrc and/or ukvi and given the same reason as others mentioned. 322(5) n 245cd have been applied
Need help. AR given with the refusal letter and I don't know what to mention in AR form
Regards
H

What procedural or administrative errors do you think HO made in deciding your case and concluding that, on a balance of probabilities, deception had occurred?

Haroon1824 wrote:Ho mentioned 322(5) n 245(cd)
If I switch to tier 2 wat % r chances to get tier2 visa

10

noajthan wrote:

Haroon1824 wrote:Ho mentioned 322(5) n 245(cd)
If I switch to tier 2 wat % r chances to get tier2 visa

Stop wasting space with padding posts.

Sorry pal my phone wasn't working n posted few times

Haroon1824 wrote:

noajthan wrote:

Haroon1824 wrote:Ho mentioned 322(5) n 245(cd)
If I switch to tier 2 wat % r chances to get tier2 visa

Stop wasting space with padding posts.

Sorry pal my phone wasn't working n posted few times

Try switching the language to English as well....

[quote="case#76"] I read your points on discussion about ILr tax issue which was amazing. I just read this news in paper. What points u thinks they can bring? or whats your take on defence?


http://www.dailymail.co.uk/news/article ... ay-UK.html

rajeshshah738 wrote:

case#76 wrote: I read your points on discussion about ILr tax issue which was amazing. I just read this news in paper. What points u thinks they can bring? or whats your take on defence?


http://www.dailymail.co.uk/news/article ... ay-UK.html

Disgusting, but wait for the Yooman Writes claims.....

Haroon
Any update from your side??

Hi Experts,
Finally received my AR dated 19/7/16 and it has been refused under the same grounds 322 (5) and 245 (CD). visa expired on 17/6. and POE refused on 16/6. AR applied on 23/6; AR submitted on 23/6
14 days period.
I'm planning to go for Tier2. Thinking might be my company will sponsor me as I'm working for the company since from past 2 years. In case if Tier 2 gets refused as 322 (5) and 245 (CD) still exists on my profile, is it a good option to go for Tier 2 if so within how many days do I need to submit? I'm confused or do I have to go for JR. Please advice me on this.
Once again extremely thankful to all the experts.

Hi Hatton, were you successful with your JR? Please give update. Thanks