Some of the most common challenges:
UK Visas and Immigration (UKVI) takes note of any discrepancy between the income you reported in your previous Leave to Remain application and the income you reported to the HMRC following the grant of each of your leave to remain application; Any discrepancies identified in the income tax records with HMRC and/or UKVI, Applicants run a great risk of having their application refused if preventative action is not taken prior the submission of their application;
Blog on ILR Application with HMRC Tax Amendments
Tax Issues and Deception. ILR Applications Refused under 322(1A), 322(2) , 322(5) , 19(i) & 19(j) or 322(2A)
Being able to finally apply for Indefinite Leave to Remain (ILR) in the UK can be an exciting time for migrants. After years of hard work and loyalty to the UK, it’s time to receive a settlement and be one step closer to British Citizenship. For those who have chosen to make their living in…
Success Story on ILR Application with HMRC Tax Amendments
Judicial Review challenging the decision involving 322(5) – Tax Deception Allegation Overturns in ILR Refusal
A Y & J Solicitors successfully challenged a Home Office decision by Judicial Review and allowed our client and her spouse to obtain Indefinite Leave to Remain (settlement). Mrs D and her spouse are Indian nationals. They own property in the UK and Mrs D was a highly skilled professional skilled employee of a large…
Video on ILR Application with HMRC Tax Amendments
An Overview of Indefinite Leave to Remain ILR Requirements
We are a specialised UK immigration law firm.
Please note, the information provided herewith is correct as of the date of the publication of this video and You must contact a lawyer to seek specific, precise guidance in relation to the ILR application.
This video is about a general overview of the ILR Requirements.
ILR stands for Indefinite Leave to Remain. It is also referred to as ‘settlement’ or ‘permanent residency’. Once you hold the ILR status, you can live and normally work anywhere in the UK without restriction.
One of the requirement for ILR status is the length of time you have lived in the UK. This time varies, depending on your visa category.
For most Visa categories, you could apply for ILR after living in the UK for 5 years. This includes but not limited to Tier 1, Tier 2 and ancestry visa.
Refugees, spouses and legal partners of those settled in the UK, and those with legal access rights to a child in the UK can also apply for ILR after 5 years of residency.
If you are a Tier 1 Investor with a 5 Million pounds investment, you could qualify for ILR in just need 3 years, and for a 10 m pounds investment you could qualify for ILR in just 2 years. That’s quite quick and useful.
If you are a Tier 1 Entrepreneur and have created at least 10 new full-time jobs for at least 12 months, you could apply for ILR after 3 years in the UK.
In addition to the residence requirements there are some further criteria to qualify for ILR status.
You must show proficiency in the English language and pass a Life in the UK test.
You should also have maintained continuous lawful residence.
You should not have any criminal conviction.
For most people within the Tier 2 category, the minimum annual income to claim ILR is now 35,000 pounds or more.
A very important aspect to avoid is Tax Deception. You must ensure that the income you relied or noted in your application matches the income reported to HMRC. Failure to do this may result in a claim of Tax Deception against you, and a possible visa application refusal.
The requirements for ILR are varied based on the category of Visa you hold.
You must ensure you meet all requirements before you apply for ILR.
We have dealt with great number of ILR application and we can certainly help you if you require any assistance or information.
Please feel free to get in touch with us. Our contact details are at the bottom of this video.
Thank you for watching.
My family and I cannot thank enough to the team at A Y & J Solicitors who has put all their hard work and care into our settlement application. As a Tier 1 (General) Migrant, I was also affected by HMRC tax amendments prior submitting my settlement application. I approached A Y & J Solicitors, following a referral from my friend who encouraged me stating A Y & J Solicitors would be the best in securing my settlement. I have chosen to submit my settlement application at the Premium Service Centre, and on the same day, I was informed of my application retained for further inquiries. I was given a questionnaire to complete and a deadline to file additional documents with regards to my tax amendments of previous financial years while on Tier 1 (General). Yash and Diana assisted me with the completion of the questionnaire and prepared an additional set of legal representations without leaving room for the HOME OFFICE to refuse my application. Last week, I was overjoyed to be informed that our settlement (me and my familyÕs) application was approved, despite tax amendments. Amazing, talented, hard-working team. I am super happy.