10 years ILR Refusing for tax discrepancy ! please advice

[arka12]

Hi there,
i have received reply from Home office asking for the explanation about the tax discrepancy.

The letter says:
'Please provide an explanation for the discrepancy made in your application dated day/month/2009, including an explanation of why an amendment was not made until dated day/month/2015, supported by any relevant documentary evidence.

Please not the that your response should be full and detailed. If, for example, your explanation is that your accountant made an error, you should provide a letter from your accountant giving a full account of how the error arose, whether it has been corrected and if so how and when, and any complaints made to the accountant's professional body.

[CR001]

Should we guess your circumstances and immigration history???

Presumably you had a tier 1 general visa and mis declared your income to meet extension requirements and when many were being refused ILR based on tier 1 general tax amendment discrepancies, you quickly, 6 years later, amended your tax to adjust your 2009 income??

[arka12]

Would any explanation help me in this regard.

[Zerubbabel]

Do they have a valid point when it comes to tax or are they misreading your documents?

[zimba]

Would any explanation help me in this regard.

If you adjusted your taxes (and therefore your declared income) after you were granted Tier 1 General visa, then you got that visa using deception. Your ILR will always be refused

[arka12]

They have mentioned this in the letter.

a false representation is made in the application,
which is as per the information they have, in 2009 the tax declared was different from the figures shown for the Tier 1 application. And later the figures have been amended in 2015.

and further says:


'' under section 120 of the Nationality, Immigration and Asylum Act 2002.

Asking for any other grounds relevant which allows me to stay in the country.


my understanding about the above act is that even though false representation about the tax declared is seen in my application.

but still in my situation:

i think the following applies to me:

'an applicant has made an application to enter or remain in the United Kingdom (UK), has made a protection claim, or a human rights claim, or a decision to remove or deport has been made, the person may be served a “one stop notice”


i have my child and family to look after which could be considered for human rights.

[seagul]

i have my child and family to look after which could be considered for human rights.

If neither of them are British/settled then you have no basis because dependants status bases on main applicant and if the main applicant gets refused then they also be refused too.

[arka12]

Child is British born

Parent already got ILR 2 years ago.

I think Human rights will be helpful

[zimba]

Child is British born

Parent already got ILR 2 years ago.

I think Human rights will be helpful

You cannot get ILR given the possible case of deception in your immigration history even with a human rights claim. Best case scenario is getting limited leave to remain with the possibility of ILR when you have had no deception in the last 10 years

[arka12]

This is my 13th year in this Uk lawfully with no deception history.

[arka12]

earnings was claimed for Tax year 2009-2010
and
Tax was amended in 2015

considering 2009 -2010 , we are now in 2020.... can we take ' no deception in the last 10 years'

[Zerubbabel]

I think you need to see it from their angle to understand the seriousness of the situation.

Usually for permanent residency and citizenship application, you have to be super clean with HRMC.

If your issue was a late filling, a payment delay or a genuine mistake in 2009, you would have been in a better situation today to claim 10 years of clean records with HRMC.

The problem is that we are talking about a compound voluntary deception: deception with HRMC used to deceived Home Office for immigration purpose. It's fair to say that without that deception, you wouldn't be in the UK today. Therefore, you are benefiting from that deception to this day.

So they would see it as a compromise of the integrity of the whole immigration system if they reward your deception by an ILR. It will be a message to everyone to cheat and if the deception is hidden long enough, it will be ignored and all benefits reaped from the deception become a lawful right.

I am not judging you here, but just showing you how they would see your story. I know a few people who cheated through their immigration history and they live in fear because of that. As sooner or later a dreadful letter may come asking for clarification.

You may try human rights but it will be a hard case to build. As there is no human right to keep the benefits of a deception.

[zimba]

earnings was claimed for Tax year 2009-2010
and
Tax was amended in 2015

considering 2009 -2010 , we are now in 2020.... can we take ' no deception in the last 10 years'

All the period under Tier 1 General is affected as you allegedly relied on false representation to acquire such visa and stayed in the UK. Tier 1 General had an income requirement and declaring incorrect income on your self-assessment to acquire the visa is the issue here

[arka12]

if i withdraw My ILR application.
And apply as Dependent for my ILR Wife.
will that be ok.

[zimba]

if i withdraw My ILR application.
And apply as Dependent for my ILR Wife.
will that be ok.

We cannot tell you what to expect. You can apply under family route and see what happens

[arka12]

If I am on my wife dependent visa.
Which year would I apply for my ILR.

[Casa]

If I am on my wife dependent visa.
Which year would I apply for my ILR.

After a period of 5 years (2.5 + 2.5) = 2025

[arka12]

Home office asked me to explain about the discrepancies made in the application.

Including an explanation of why an amendment was not made until 2015.

Also say that if the explanation is that the accountant made an error. I should be providing a letter from accountant giving a full account of how the error arose, whether it has been corrected and if so how and when, and any complaints made to the accountant’s professional body.

[Casa]

Also say that if the explanation is that the accountant made an error. I should be providing a letter from accountant giving a full account of how the error arose, whether it has been corrected and if so how and when, and any complaints made to the accountant’s professional body.

...and are you able to submit any evidence of this as requested

[arka12]

Home office is taking about tax year 2009-2010,
It is difficult for me to provide any document as it has been 10 years.

[Casa]

Home office is taking about tax year 2009-2010,
It is difficult for me to provide any document as it has been 10 years.

In which case it appears that you will be unable to claim any mitigating circumstances for the tax amendment/deception.

[arka12]

What would be the possible documents needed for to claim mitigating circumstances.

[Zerubbabel]

What would be the possible documents needed for to claim mitigating circumstances.

The ones they provided in their letter like accountant error and letter from the accountant admitting the mistake.

[arka12]

The contact details of the accountant who has done the mistake are not available.

The accountant who has amended is available.

Can we ask the accountant who has amended to provide the letter.

[seagul]

The contact details of the accountant who has done the mistake are not available.

The accountant who has amended is available.

Can we ask the accountant who has amended to provide the letter.

More likely you won't ever find him because usually they tend to mobilize from one place/profession to another