For any skilled migrant in the UK, experiencing ILR refusals due to tax amendments can be confusing and stressful. Discrepancies in past tax returns can impact the applicant's character, and the UK Home Office can refuse their ILR application. This can lead to a citation where the applicants and their families may have to leave the country. At A Y & J Solicitors, we have encountered a similar case with Mr V. He faced an alarming Home Office questionnaire regarding his tax affairs. Our law firm legally represented Mr V to the Home Office, resolved the Home Office's concerns about deception and highlighted his value to the community. Our immigration team has proven its ability to diminish these challenging situations quickly.
What happened to Mr V? His ILR application was approved swiftly. Contact A Y & J Solicitors today for expert guidance and assistance in overcoming ILR refusals under Paragraph 322 (5).
At A Y & J Solicitors, we have helped thousands of individuals with their ILR applications. We know how to spot and resolve application issues before they become a stumbling block. We will meticulously review all your documentation, including your tax returns, before submitting your ILR application. Even though you feel like you are ready to apply, ILR procedures can be complex and lengthy. Let an A Y & J immigration lawyer give your application the most excellent possible chance of success and remove the possibility of any refusals.
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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.
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.
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.
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.
