Mr H, a Non-EEA national approached A Y & J Solicitors for advice about his application for settlement in the UK. He was concerned about a tax amendments issue and knew the risk of his application being refused. During the consultation, we realised that discrepancies between the initial submission of income to HMRC and previous earnings to UKVI were enormous. Mr H had already amended his taxable income to HMRC with the accurate information, but Home Office could still use against him the General Grounds for Refusal 322 (5), where his character and conduct would be questioned.

Tax Discrepancies Threaten Settlement (ILR) Application, Even After Amendments

During the consultation, we also discovered that Mr H’s wife was his dependent and her application could only succeed if her husband’s settlement application was granted. Attention to detail and expert knowledge regarding tax issues were required to enable the two applicants to be approved for settlement.

A Y & J Solicitors Assist with Application and UKVI Tax Questionnaire

While the application was pending, Mr H received a standard questionnaire from the UKVI that assesses previous earnings/income records declared to HMRC and UKVI at the time of the extension application as a Tier 1 (General) Migrant. To ensure all information was accurately reported to the UKVI, our team of experts in tax deception issues assisted Mr H with the completion of the questionnaire. They prepared additional supporting legal documentation to assist the caseworker at UKVI when considering our client’s case and why his application should be approved.

Within a few months of completing the questionnaire, our client was granted settlement without additional enquires. Less than a week following this approval, his wife was also approved for settlement.

Expert Representation Recommended in Cases With Para 322(5) Claims

According to recent decisions by the courts, a large number of migrants on Tier 1 (General) visas are affected by Paragraph 322 (5) of the General Grounds for Refusal. This relates to tax discrepancies between HMRC and UKVI reports and subsequent claims of deception against applicants. Many migrants have lost their jobs, and their families and careers have been impacted. Careful initial preparation of an application—especially the replies to the questionnaire—is vital to an application’s approval.

Our expertise in these types of cases helped this couple remain in the UK and continue to retain their jobs, progress in their careers and soon be able to apply for British nationality. If you are worried about your settlement application, or any other UK immigration matter, please contact us today. We’re here to help.