ILR – Deception Case – Tax not Paid
Deception With Tax Issues – ILR Refused
- Have you received a rejection or refusal to an ILR application?
- Has the Home Office alleged you used deception on your application?
- Are there tax issues with your ILR application?
- Are you concerned you may receive an ILR application refusal?
ILR Refused Due To Deception? You Are Not Alone
In recent times, the Home Office has been refusing ILR applications using primarily paragraphs 322(2), 322(5) and 19 J (iv) and alleging the applicant has acted deceptively in their current or previous applications. These allegations focus on points claimed for self/employment/dividends from a limited company that were not declared to the HMRC. This means that since the tax amounts due had not been paid, the income stated on the application was viewed as deceptive, or fabricated.
Applications who have received this ruling may face removal from the UK along with their dependents and families, and the loss of their career, position, and future.
Mr. X began his residency in the UK on a student visa. He then transferred to a Tier 1 (General) visa. He was successful in extending this Tier 1 visa, which led to five years of continuous UK residency. He is now working full-time in addition to being self-employed, which he is registered for. He submitted an ILR application after he acquired continuous residence for five years under his Tier 1 (General) visa. At this same time, he noticed an error made on his tax return, which he corrected. However, he has now received a refusal to his ILR application. The Home Office has declared his income not genuine, and has accused him of using deception and fabrication of his income and on his ILR application.
If you are in a similar situation, and you had no intention of deceiving the Home Office and/or HMRC, we can help you. Honest mistakes happen, even when you are filing your taxes. We can help you avert disaster, and proceed with a successful ILR application.
Challenge ILR Refused Claims Due To Tax Issues / Deception Charges
If you have been refused Indefinite Leave To Remain (ILR) due to alleged deception or tax issues, you may challenge the decision by Appeal or Judicial Review. Our lawyers understand the various approaches, and which is best based on your unique circumstances. In the majority of 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 help with this.
It is unlikely that the Upper Tribunal (IAC) exercising its supervisory jurisdiction where the right of appeal exists – even if out-of-country. But the decision can be challenged by judicial review at tribunal in ‘special or exceptional circumstances’ where there is generally reprehensible or abusive conduct on the part of the decision maker: per Green J. in R (Amzat Rauf Khan) v SSHD  EWHC 2494 (Admin).
You must apply for Judicial Review no later than 90 daysof the date of the ILR refusal letter. It is advisable not to lose any time applying for Judicial Review. Applying for a Judicial Review is a complex process with a number of procedures required and time constraints imposed. Obtaining expert legal advice through an SRA-regulated law firm is therefore vital.
A Track Record Of Success
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 filing tax declarations to the HMRC, or other genuine reasons, we were able to obtain 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 in achieving excellent results for every client.
Contact Us For Results Through An Appeal Or Judicial Review
Don’t allow your ILR application to be refused or rejected. We can challenge by Appeal but, as an SRA-regulated law firm, we can go that crucial step further for you and apply for a Judicial Review.
Contact the immigration law experts at 020 7404 7933 or email us at firstname.lastname@example.org and find the first rate service that will help to get a successful ILR application or Judicial Review for you and your dependents.