ILR Tier 1 (General) Application Rejected: Please Help

[QueryMakerK]

Dear All,

I was directed to this forum by a friend who found it useful during her own application process.

I have been resident in the United Kingdom on a series of resident visas (student, post-study, Tier 1 (general)) for over 15 years. I was never sure if I was going to remain here or move abroad. My tax returns for the previous years hadn't been filed in time due to illness and oversight. However, I brought them up to date at the start of 2016.

I made an application for ILR in Mary 2016, just before my three-year Tier 1 visa expired. In April of this year, I was sent a questionnaire asking me various questions about my earnings and tax submissions. I answered them in detail, and supplied a letter from my doctor attesting to my illness and a letter from my chartered accountants explaining that all the accounts had been brought up to date.

The application was rejected last week under "Paragraph 322(5) and Paragraph 245CD(b) and Paragraph 245CD(g) with reference to Appendix A (Attributes) Paragraph (i) and Paragraph (j) of the Immigration Rules". UKVI acknowledge my circumstances and the supporting evidence I supplied. Nonetheless, they say that they are satisfied that I either under-declared my income to HMRC or over-declared my income to UKVI when my made my previous Tier 1 (General) applications, and have therefore refused my current application.

Deception is implied but never explicitly stated. The onus of filing taxes on time is mine, I admit. But I cannot in good conscience accept that there was any intent to deceive. I was simply not in a position to handle my affairs. The earnings were legitimate, and all the declarations were made to HMRC.

I have been offered the opportunity of an Administrative Review. I am thinking of hiring a lawyer to do this, but my search so far has yielded no results. I have another week left before the deadline for the Review elapses, and I have no further leave to remain. I have roots here after spending more or less half my life here and cannot wrench myself just like that. Has anyone else been in the same boat? If so what, realistically, are my options now?

A) Should I seek an Admin Review? B) Am I able to make a fresh application for ILR? C) Shall I seek Judicial Review on the grounds that UKVI did not adequately engage with the evidence? (I have seen, on this forum, cases that were more complex than mine that culminated in a positive result after persistent efforts by the applicant(s). So I am assuming that there is a light at the end of the tunnel.)

Any help, any constructive advice, would be gratefully accepted. As many of you can imagine, I am extremely anxious and eager to find a solution. So, if you can, please help.

Thank you in advance.

[zimba]

There have been more than hundreds of the posts on the exact same topic for few years here.
It is being discussed almost on a daily basis.
Please search the forum

[monty87]

Sorry to hear about your refusal.

Did you have additional tax to pay after tax returns submission? And are you a director or self employed?

You will need to go for Administrative Review first and then JR.

Unless there is Additional compelling evidence to demonstrate that income declared to UKVI and HMRC were genuine errors, there is no point of 2nd application as its very likely to be refused.

If you think that HO has not engaged with the evidence provided with the application related to material facts of your circumstances then you should seek JR remedy. You will need to prove with documentary evidence that submitting tax returns was not because of obtaining ILR or tax evasion but an error which you rectified prior to ILR application.

[QueryMakerK]

Thank you for your kind response.

I do have an outstanding tax debt that with HMRC, but there is a payment plan in place that I have been honouring. HMRC is in receipt of all my filings and has agreed to allow me to repay the tax in instalments. The important point here is that the records were not brought up to date in order to aid my ILR application but because I wanted to set them straight after I became aware of the oversight. There was never the intent to evade taxes or to deceive UKVI. My chartered accountant has issued a letter attesting to this, and there is a doctor's note explaining my illness. This is the evidence that the HO has not engaged with.

Might I ask: will my case become complicated as a result of my not having any leave to remain? In other words, should I apply for JR, will I become an overstayer? And is the option of ILR through the 10-year route closed to me as a result of the 322(5)?

Thank you so much for your kind help.

[QueryMakerK]

There have been more than hundreds of the posts on the exact same topic for few years here.
It is being discussed almost on a daily basis.
Please search the forum

Thank you. I have looked at other queries but started my own because my understanding is that users should make autonomous queries rather than inserting them into others' threads. I beg your pardon if I've made an error.

[monty87]

Might I ask: will my case become complicated as a result of my not having any leave to remain? In other words, should I apply for JR, will I become an overstayer? And is the option of ILR through the 10-year route closed to me as a result of the 322(5)?

Your leave to remain(3C leave) will end upon the reciept of Administrative Review decison and you essentially become overstayer from the time you recieve your Administrative review decision. Any subsequent applications if you decide to make must be made within 14 days from the time you recieve AR.

You can apply for any other category which is relevant to you however 322(5) need need to be removed by means of JR as it is general grounds of refusal and will possibly affect all subsequent applications.

[QueryMakerK]

Your leave to remain(3C leave) will end upon the reciept of Administrative Review decison and you essentially become overstayer from the time you recieve your Administrative review decision. Any subsequent applications if you decide to make must be made within 14 days from the time you recieve AR.

You can apply for any other category which is relevant to you however 322(5) need need to be removed by means of JR as it is general grounds of refusal and will possibly affect all subsequent applications.

Thank you, Monty87, for your very kind help.

322(5) is my chief concern because it can be invoked to refuse all future applications.

Is it possible to have a narrow Judicial Review to challenge this, or will it have to include the entire application? And based on what I've shared here (from the delayed filings to the payment plan) -- and on your own experience of looking at such queries -- may I ask what my prospects of success might be in your view?

Thanks once again for your help.

[QueryMakerK]

Might I ask: will my case become complicated as a result of my not having any leave to remain? In other words, should I apply for JR, will I become an overstayer? And is the option of ILR through the 10-year route closed to me as a result of the 322(5)?

Your leave to remain(3C leave) will end upon the reciept of Administrative Review decison and you essentially become overstayer from the time you recieve your Administrative review decision. Any subsequent applications if you decide to make must be made within 14 days from the time you recieve AR.

You can apply for any other category which is relevant to you however 322(5) need need to be removed by means of JR as it is general grounds of refusal and will possibly affect all subsequent applications.

Thank you, Monty87, for your very kind help.

322(5) is my chief concern because it can be invoked to refuse all future applications.

Is it possible to have a narrow Judicial Review to challenge this, or will it have to include the entire application? And based on what I've shared here (from the delayed filings to the payment plan) -- and on your own experience of looking at such queries -- may I ask what my prospects of success might be in your view?

Thanks once again for your help.

[monty87]

@ QueryMakerK/

In my own experience to have successfully challenged 322(5), I personally think it depends on your reasonable explanation for not submitting tax returns on time as HO is well within their rights to verify your income with hmrc which you relied on for earnings and was awarded points. The very fact that you did not submit tax returns at all is negligence and questionable by court and HO and you also had additional tax to pay so HO view that you avoided tax liability is to some extent correct. The onus is on you to demonstrate with documentary evidence from acc, hmrc, medical etc that it was genuine error. I do not believe medical circumstances could stop anyone from submitting tax returns for 5 years. If someone can earn with same medical circumstances then they can surely pay tax too.

Its hard to challenge with your aforementioned situation.

[QueryMakerK]

@ QueryMakerK/

In my own experience to have successfully challenged 322(5), I personally think it depends on your reasonable explanation for not submitting tax returns on time as HO is well within their rights to verify your income with hmrc which you relied on for earnings and was awarded points. The very fact that you did not submit tax returns at all is negligence and questionable by court and HO and you also had additional tax to pay so HO view that you avoided tax liability is to some extent correct. The onus is on you to demonstrate with documentary evidence from acc, hmrc, medical etc that it was genuine error. I do not believe medical circumstances could stop anyone from submitting tax returns for 5 years. If someone can earn with same medical circumstances then they can surely pay tax too.

Its hard to challenge with your aforementioned situation.

Thank you so much for taking the time to answer my queries. I will compile as much evidence as possible to demonstrate that it was a genuine error, which it was.

I truly appreciate your feedback.

[london2007]

Dear All,

I was directed to this forum by a friend who found it useful during her own application process.

I have been resident in the United Kingdom on a series of resident visas (student, post-study, Tier 1 (general)) for over 15 years. I was never sure if I was going to remain here or move abroad. My tax returns for the previous years hadn't been filed in time due to illness and oversight. However, I brought them up to date at the start of 2016.

I made an application for ILR in Mary 2016, just before my three-year Tier 1 visa expired. In April of this year, I was sent a questionnaire asking me various questions about my earnings and tax submissions. I answered them in detail, and supplied a letter from my doctor attesting to my illness and a letter from my chartered accountants explaining that all the accounts had been brought up to date.

The application was rejected last week under "Paragraph 322(5) and Paragraph 245CD(b) and Paragraph 245CD(g) with reference to Appendix A (Attributes) Paragraph (i) and Paragraph (j) of the Immigration Rules". UKVI acknowledge my circumstances and the supporting evidence I supplied. Nonetheless, they say that they are satisfied that I either under-declared my income to HMRC or over-declared my income to UKVI when my made my previous Tier 1 (General) applications, and have therefore refused my current application.

Deception is implied but never explicitly stated. The onus of filing taxes on time is mine, I admit. But I cannot in good conscience accept that there was any intent to deceive. I was simply not in a position to handle my affairs. The earnings were legitimate, and all the declarations were made to HMRC.

I have been offered the opportunity of an Administrative Review. I am thinking of hiring a lawyer to do this, but my search so far has yielded no results. I have another week left before the deadline for the Review elapses, and I have no further leave to remain. I have roots here after spending more or less half my life here and cannot wrench myself just like that. Has anyone else been in the same boat? If so what, realistically, are my options now?

A) Should I seek an Admin Review? B) Am I able to make a fresh application for ILR? C) Shall I seek Judicial Review on the grounds that UKVI did not adequately engage with the evidence? (I have seen, on this forum, cases that were more complex than mine that culminated in a positive result after persistent efforts by the applicant(s). So I am assuming that there is a light at the end of the tunnel.)

Any help, any constructive advice, would be gratefully accepted. As many of you can imagine, I am extremely anxious and eager to find a solution. So, if you can, please help.

Thank you in advance.

sorry to hear about your refusal, could you please tell that how may years SA was not upto date?

[QueryMakerK]

Dear All,

I was directed to this forum by a friend who found it useful during her own application process.

I have been resident in the United Kingdom on a series of resident visas (student, post-study, Tier 1 (general)) for over 15 years. I was never sure if I was going to remain here or move abroad. My tax returns for the previous years hadn't been filed in time due to illness and oversight. However, I brought them up to date at the start of 2016.

I made an application for ILR in Mary 2016, just before my three-year Tier 1 visa expired. In April of this year, I was sent a questionnaire asking me various questions about my earnings and tax submissions. I answered them in detail, and supplied a letter from my doctor attesting to my illness and a letter from my chartered accountants explaining that all the accounts had been brought up to date.

The application was rejected last week under "Paragraph 322(5) and Paragraph 245CD(b) and Paragraph 245CD(g) with reference to Appendix A (Attributes) Paragraph (i) and Paragraph (j) of the Immigration Rules". UKVI acknowledge my circumstances and the supporting evidence I supplied. Nonetheless, they say that they are satisfied that I either under-declared my income to HMRC or over-declared my income to UKVI when my made my previous Tier 1 (General) applications, and have therefore refused my current application.

Deception is implied but never explicitly stated. The onus of filing taxes on time is mine, I admit. But I cannot in good conscience accept that there was any intent to deceive. I was simply not in a position to handle my affairs. The earnings were legitimate, and all the declarations were made to HMRC.

I have been offered the opportunity of an Administrative Review. I am thinking of hiring a lawyer to do this, but my search so far has yielded no results. I have another week left before the deadline for the Review elapses, and I have no further leave to remain. I have roots here after spending more or less half my life here and cannot wrench myself just like that. Has anyone else been in the same boat? If so what, realistically, are my options now?

A) Should I seek an Admin Review? B) Am I able to make a fresh application for ILR? C) Shall I seek Judicial Review on the grounds that UKVI did not adequately engage with the evidence? (I have seen, on this forum, cases that were more complex than mine that culminated in a positive result after persistent efforts by the applicant(s). So I am assuming that there is a light at the end of the tunnel.)

Any help, any constructive advice, would be gratefully accepted. As many of you can imagine, I am extremely anxious and eager to find a solution. So, if you can, please help.

Thank you in advance.

sorry to hear about your refusal, could you please tell that how may years SA was not upto date?

Dear @london2007, I submitted 4 years' SA302s with my application. They were all up to date at the time of submission. I now have a 5th SA302 for YE 2016.

[Santosh919]

Hi QueryMaker,

Sorry to hear about your refusal, but can you share when did you actually file the company tax returns and SA's for those respective years ?

Did you file all years CT and SA at once ?

Was it an online filing or a paper based ?

Thanks
Santhosh

[london2007]

Dear All,

I was directed to this forum by a friend who found it useful during her own application process.

I have been resident in the United Kingdom on a series of resident visas (student, post-study, Tier 1 (general)) for over 15 years. I was never sure if I was going to remain here or move abroad. My tax returns for the previous years hadn't been filed in time due to illness and oversight. However, I brought them up to date at the start of 2016.

I made an application for ILR in Mary 2016, just before my three-year Tier 1 visa expired. In April of this year, I was sent a questionnaire asking me various questions about my earnings and tax submissions. I answered them in detail, and supplied a letter from my doctor attesting to my illness and a letter from my chartered accountants explaining that all the accounts had been brought up to date.

The application was rejected last week under "Paragraph 322(5) and Paragraph 245CD(b) and Paragraph 245CD(g) with reference to Appendix A (Attributes) Paragraph (i) and Paragraph (j) of the Immigration Rules". UKVI acknowledge my circumstances and the supporting evidence I supplied. Nonetheless, they say that they are satisfied that I either under-declared my income to HMRC or over-declared my income to UKVI when my made my previous Tier 1 (General) applications, and have therefore refused my current application.

Deception is implied but never explicitly stated. The onus of filing taxes on time is mine, I admit. But I cannot in good conscience accept that there was any intent to deceive. I was simply not in a position to handle my affairs. The earnings were legitimate, and all the declarations were made to HMRC.

I have been offered the opportunity of an Administrative Review. I am thinking of hiring a lawyer to do this, but my search so far has yielded no results. I have another week left before the deadline for the Review elapses, and I have no further leave to remain. I have roots here after spending more or less half my life here and cannot wrench myself just like that. Has anyone else been in the same boat? If so what, realistically, are my options now?

A) Should I seek an Admin Review? B) Am I able to make a fresh application for ILR? C) Shall I seek Judicial Review on the grounds that UKVI did not adequately engage with the evidence? (I have seen, on this forum, cases that were more complex than mine that culminated in a positive result after persistent efforts by the applicant(s). So I am assuming that there is a light at the end of the tunnel.)

Any help, any constructive advice, would be gratefully accepted. As many of you can imagine, I am extremely anxious and eager to find a solution. So, if you can, please help.

Thank you in advance.

sorry to hear about your refusal, could you please tell that how may years SA was not upto date?

Dear @london2007, I submitted 4 years' SA302s with my application. They were all up to date at the time of submission. I now have a 5th SA302 for YE 2016.

I would suggest to hire good solicitor and fight AR-PAP-JR. all other application have high chances of refusal unless you come out clear of 322.

[harimyfriend]

@ QueryMakerK I am in the exact situation as you. Please keep us posted on how your fight goes. My advice is before you see a lawyer, read the rejection letter carefully, make a copy and highlight each point mentioned in it and prepare your reasons/justifications. This would come in handy when you discuss your case with the lawyer. Also - get a good one who isn't greedy!

Good luck!

[QueryMakerK]

Hi -

I was grateful for the helpful answers offered by members of this forum to my original query. I wanted to update you all about the result of my application for a judicial review.

I had absolutely no intent to mislead or deceive, and the discrepancies I identified in my original post were unwitting mistakes. I had a compelling case and I hired a strong legal team to make it.

The Home Office offered to reconsider the application when an application for Judicial Review was lodged. And after a three-month period, it made a grant of ILR.

I appreciate that not everyone here has the means to hire expensive lawyers.

I would nonetheless urge everyone with a case to fight them, if they can. The HO seems determined to deter people from even trying by making life impossible for them. Their default position is to to reject. This is a matter of principle. All of us make mistakes, but lives should not be shattered as a result. So if your cause is just, and if you can hold on and fight, please do.

Good luck to all and thank you again to those who offered answers.