ILR Refused Due to Tax Amendment Issues under Paragraph 322 (5)
ILR refused due to Tax Amendments under Paragraph 322 (5) is a talk of the town. Many skilled migrants have their application for Indefinite Leave to Remain (ILR) refused on the grounds – ‘undesirable to permit the person concerned to enter or remain in the United Kingdom’, because of errors they have made in their tax returns in the past, even if these errors have been rectified and full tax is paid to the HMRC.
The Home Office has been refusing ILR applications primarily using paragraphs 322(2), 322(5) and 19(i),19(j) of Appendix A of the Immigration Rules and alleging that the applicant has acted deceptively in their current and/or previous applications. This allows the Home Office to refuse an ILR applicant by inferring that past mistakes made on their tax returns mean their “character and conduct” make them undesirable to be allowed to live permanently in the UK.
Allegations of tax deceptions focus on points claimed for self-employment or dividends from a limited company that were not declared to the HMRC on Self-Assessment (SA 302) or do not match the information given to the Home Office in previous visa or extension applications. Since the tax amounts due have not been paid, or there was a tax discrepancy, the applicant’s behaviour is viewed by the Home Office as deceptive.
Applicants who have received this negative decision may face removal from the UK along with their dependents and families, and the loss of their career, position, and future plans.
A Y & J Solicitors have specialist knowledge of dealing with refusals of ILR due to tax issues. Our team have a strong reputation for achieving successful results for our innocent clients and having refusals overturned.
Our Success – Client Received Home Office Questionnaire in Relation to Tax Discrepancy / Amendments
Mr V came to the UK under the immigration point based system. He came with his wife and child. Mr V made various extension applications under the Tier 1 (Highly Skilled Migrant), and the Home Office approved each application.
When approaching the completion of his Tier 1 visa, Mr V applied himself for Indefinite Leave to Remain. After a lengthy delay, despite being considered a simple application, Mr V became very concerned.
Subsequently, he received a letter from the Home Office enclosing an HMRC questionnaire. Mr V became very worried as to why the Home Office would ask about his tax affairs. If the application were to be refused, it could have a severe impact on him and his family due to the allegation of deception, which could have damaged his personal and professional reputation.
A Y & J Solicitors reviewed the client’s HMRC submissions and made representations so that it would be difficult for the Home Office to allege deception and that his stay in the UK would be undesirable. On the contrary, we argued that the client is a valuable member of the community.
Within a short period, the Home Office approved our client’s ILR application.
How Can I Challenge ILR Refusal Due to Tax Discrepancy / Amendments Under Para 322 (5)?
If you have been refused ILR due to alleged deception or tax issues, you may challenge the decision by appeal (in some circumstances) or Judicial Review. Our specialists understand the various approaches and will carefully examine the unique circumstances of your case to work out the best option for you. In some cases, a Judicial Review is the preferable option when appeal rights are not available. As an SRA regulated law firm, A Y & J Solicitors is qualified to provide advice and representation.
Why Choose A Y & J Solicitors to Assist You with an ILR Refusal on Tax Discrepancy / Amendments Under Para 322 (5)?
The expert team at A Y & J Solicitors has had success with gaining ILR for clients in a variety of challenging circumstances. Whether these cases contained issues with tax declarations filed with HMRC or other genuine reasons, we were able to get the ILR for these clients and their families. We have secured futures for honest, hard-working people as a result of our expertise and determination. Our goal is 100% success, and we are focused on achieving excellent results for every client.
Cases involving ILR refusal for deception allegations are amongst the most challenging to win. Our experience and knowledge of this area allows us to succeed in cases. By instructing us, you can be confident that you receive best legal advice.
When deciding on a Judicial Review matter, the courts are concerned with how the decision was made, rather than the rights or wrongs of the decision itself. Therefore, the court is unable to substitute its decision for the decision made by UKVI. The remedies available include:
- a quashing order – renders the original decision made by UKVI ineffective
- a prohibiting order – prevents UKVI from doing something
- a mandatory order – this requires UKVI to do something, e.g. review the original decision
- in specified circumstances, a declaration or an injunction, or an award of damages
Our lawyers will explain how these remedies can assist you and ensure we try and obtain the best remedy to suit your particular matter.
You are fully within your rights to talk to us about your case and ask for a second opinion on your matter. If you then wish to instruct us, on your request, we can contact your immigration advisor on your behalf and request a copy of your file. We believe that honesty is best policy, so we take the instruction from you if we can make some difference and add value to your case, we will make it clear if we cannot help you with your immigration matter.
Success Story on ILR Refusals Due to 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 Refusals Due to 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.