Post
by case#76 » Thu Jun 16, 2016 1:03 am
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...
