Tier1 General ILR Refusal (Urgent)

[shanuk]

Dear Moderators need your help,

I had a PEO Croydon appointment yesterday for ILR and after wait of 5 hours refusal been given.
I have submitted below mentioned documents with copies:

SET (O) form
Photographs - main applicants
Life in the UK certificate - main applicants
English exam - main applicants
Last 12 months salary slips
Last 12 months dividend vouchers
Letter from my accountant
Company registration
Personal bank statements
Company bank statements
Company tax return document for current year
SA302- Last 5 years
company accounts for recent year end o show profits

For Dependant:
Life in the UK certificate - dependant applicants
English exam - dependant applicants
Marriage certificate
Cohabitation
Photographs

I am operating through a LTD company and income is from salary plus dividends.
Last extension was done the same way.
They have mentioned in refusal that I am self-employed through my Ltd company and I have claimed more in my previous extension and submitted less to HMRC.
They have mentioned my employment earnings ONLY from provided SA’s and DID NOT ADDED MY DIVIDENDS.
huge question is why they did not added dividends incomes which were also mentioned in SA’s?

[asifaltaf_mba]

Sorry to hear that.
Will you mind if you mention the exact wording of your refusal letter then members will be able to advise you better.
Tell me onething is there any amendments in sa302???
If yes then is your sa302 reflects same earnings as per declaration to HO during initial and extension time??
Sorry for asking too many question in this sad situation.thanks

[shanuk]

Hi,

I cannot understand that how a mere amendment on SA makes them conclude that there is something wrong.
Period of Self Assessment is different then my company period and the period given for my previous extension.

There are 3 different accounts over lapping each other. We are not on fixed salaries that figure will not fluctuate.

Even if any amendment is there that doesn't give anybody a right to conclude what they are concluding without further appropriate understanding on accounting.

HMRC takes LTD company as LTD company and not self employed but home office insisting on LTD comapny as self employed. WHY?

Why admin reviews are always resulting in the favor of case worker only??? Case workers are error free???
They did not added my dividend incomes which are there on given SA302.
They can see all previous history on extension so why they cannot see that there were 2 sources of income, Salary+Dividends????

I totally understand that there could be different circumstances for different cases but refusing on generalization?????
amendment or no amendment proves you dis honest?

Please I need to know that how can I challenge it in the court??

[shanuk]

Dear moderators,

I need your comments please.

There is an amendment last year which is corrected and submitted with submission of this year accounts but they are not at all for the period of previous extension.

As I earlier mentioned, 3 different periods overlapping each other
1. my company year oct-oct but with first accounts we requested for change of ending to 31st march to catch up with self assessment deadline (so 1st account stretched to 17 months)

2. extension period was Oct-nov.

3. self assesment period is 6 apr- 5 apr.

Please, I have a firm believe that my refusal is only on the basis of generalization.

Businesses dynamics are different then the salaried ones, figures do sometimes fluctuate GENUINELY.

Do they want applicants to give them the figures they want to see even if applicants have to to do it un-genuinely?

[Casa]

Moderators don't necessarily have more knowledge on specific immigration issues than other members.

[noajthan]

Moderators don't necessarily have more knowledge on specific immigration issues than other members.

+1
And members are one of the strengths of the Board.

[asifaltaf_mba]

We can understand your feelings.they are gcse staffs they dont know anything and gve decision on assumption.
Is your sa302 showed simmilar figures which you claimed for extension time...
Is your ct600 showed simmilar amount of dividends claimed for HO earnings...
Did you amend you amend your sa302 for respective years to match Ho office declared earning during extension time...
If you can answer that hopefully we will advice you rightly...
Bit dont loose heart you got good strong case you will get your ilr in AR.i know its frustrating...

[CR001]

they are gcse staffs they dont know anything and gve decision on assumption.

That is a very generalised assumption and probably quite inaccurate.

[shanuk]

We can understand your feelings.they are gcse staffs they dont know anything and gve decision on assumption.
Is your sa302 showed simmilar figures which you claimed for extension time... (2 Years SA's involved and yes figures are similar, unfortunately CW did not added my dividends at all)
Is your ct600 showed simmilar amount of dividends claimed for HO earnings... (YES but previous CT600 not submitted, only the cureent one submitted)
Did you amend you amend your sa302 for respective years to match Ho office declared earning during extension time... (Amendment done as it was needed but nt to match the figure given to HO, without amendment also income was above requirement)
If you can answer that hopefully we will advice you rightly...
Bit dont loose heart you got good strong case you will get your ilr in AR.i know its frustrating...

Hi responses in RED

[shanuk]

Moderators don't necessarily have more knowledge on specific immigration issues than other members.

+1
And members are one of the strengths of the Board.

With all due respect, Attention to all new members, members, senior members and moderators I need your feedback and help on my case.

[asifaltaf_mba]

Thanks for your reply as per my understanding which i think you will not like it...
As you said you didnt submit your ct600 for claimed dividends so its deemed to be illegal...
Although you declared your dividends as your personal income in sa302 which is fine...
Those dividends will be legal only when you declare those in ct600 and paif tax on it...
So thats why cW didnt include your dividends...according to them its void....
I might be wrong u can correct mr..
Hopefully u get me

[asifaltaf_mba]

If you can upload your refusal letter or exact wording of your allegations that be great...that might give more idea...

[iworker]

Do u have a UTR number? since you are getting dividends, you should be Self employed as well..
How much tax have u paid on dividends.. if you have not filled for your self employed assessment, how can u pay tax on your dividends.
I am no expert on tax issues, but since running a ltd company and getting paid as salary and dividends, i know , and makes perfect sense too, that you have to have your tax filled at the end of the year.
sorry to sound bad, but from where i look at it, the decision seems fair to me. and to your question about amendments, changing taxes that you have paid 3 years ago just now before filing ilr, does make it deception, no matter what one keeps telling himself. (i am not necessarily talking about u).

[asifaltaf_mba]

He did declared in sa302 but didnt submit ct600..
In sa302 you dont pay tax on dividends as you get 10% credit..and you paid it through corporation tax...
As he didnt submit ct600 so i recon his dividends becomes void...thats what CW thought...

[screenprint]

Did u pay Cooperation Tax for that Year in Question and If u did, was it declare on time or were amended later ?

I suspect you did not pay your corporation tax on time and even if u did you did it later, which become suspicious to home office. Hence the reason for refusal.

Correct me If i am wrong.

[shanuk]

Guys,

All accounts and self assessment submitted on time everytime.

All corporation taxes paid. Only didn't submitted CT600 to home office. Every thing is there. Even actually they didn't mentioned too that anything missing. They didn't added my dividends as income and given no reason.

[screenprint]

So why were you amending the accounts ?

I did not get your amendments ?

If the figure are all than why fiddle with tax's it does not make sense.

Also Attaching CT600 is not necessary, HO can cross check with HMRC.

I think there is more to story than put forward.

Please can you let us know what deception than have imposed on you and if possible share the wording of your letter in order for us people on forum to give you accurate advise.

[shanuk]

Hi,

please let me know that doing amendment is illegal or un-lawful?

Does it prove that person is dis-honest?

I have explained earlier that amendment was not for the period claimed for income.

Why we are insisting that there must be something wrong. Can't a case worker be at a mistake?

[shanuk]

Hi,

I need a guidance and help for AR and how can I take it to the court if needed.

[asifaltaf_mba]

@shan
Thanks for your reply....
There is nothing to do with amendments you can do that at any time...
And you didnt amend it for claimed earning to HO.its outside of respective year
As yoy said your ct600 and taxes are paid and clear for declared earning then i will say its a disgusting decision and big blunder...
Go for AR with cover letter n it wi b rectified by senior case worker for sure.
I dont see there is any reason why he didnt count your dividend income....crap CW...ignorant...

[shanuk]

Hi,

As the AR results are coming mostly negative as they are just working on the formula of GENERALIZATION, how to take it to the next level specially to the court if needed. Thank s.I need to know the next option. Do I have any option to fast track it? Thanks

[screenprint]

When did you first came in this country ?

By Any chance you are entitle to 10 year ILR ( SET (LR) )?

If not 10 year ILR, than you can apply AR First and than send them PAP if still refuse than Apply For Judicial Review ( During JR you are not entitle to work as 3C Finish once the AR Review is done )

[Casa]

The same checks are carried out for applications under long residence.

[shanuk]

I came 5 years ago on Tier General. They have seen my earnings all the times. They know my qualifications, experience and my earnings before coming to UK.My salary income was much higher. They should be able to see the potential I carry for UK economy. Paid tax in thousands of £. Feeses in thousands of £`s. Living expenses in thousands of£. What else?

[noajthan]

I came 5 years ago on Tier General. They have seen my earnings all the times. They know my qualifications, experience and my earnings before coming to UK.My salary income was much higher. They should be able to see the potential I carry for UK economy. Paid tax in thousands of £. Feeses in thousands of £`s. Living expenses in thousands of£. What else?

These types of facts will not influence a caseworker one way or the other.
Meet requirements, comply with rules, hope any elements dependent on discretion go in your favour - get the visa.