Big advice to ILR applicants – Keep your Tax affair up to date
Home Office rules concerning deception in connection with Indefinite Leave to Remain (ILR) are entirely uncompromising. Put simply, in any instance where any deception is found to have been carried out the Secretary of State has the power to revoke that person’s ILR.
This ruling appears entirely appropriate. However, the catch-all nature of ‘deception’ as it is presented in Version 4.0 of the Revocation of Indefinite Leave instruction means that its scope extends well beyond the question of any application for ILR. The instructions talk in terms of, “making false representations or submitting false documents (whether or not material to the application), or failing to disclose material facts”. This definition is drawn from paragraph 6 of the Immigration Rules.
This means that even an alleged use of deception in a tax return, for example, may be deemed sufficient grounds to revoke an ILR or to reject an application for the same. The key phrase is ‘whether or not material to the application’.
That means the authorities retain the right to revoke ILR on the basis of what they determine to be an attempt to use deception, irrespective of whether or not any deception has actually taken place. Needless to say, proving that a simple mistake – for example on a tax form – is an innocent oversight rather than a deliberate, premeditated attempt to deceive someone is next to impossible.
A growing issue
Immigration message boards are increasingly carrying appeals for help from unfortunate hard working individuals who for some reason have run into problems with the Home Office on the basis of their tax returns. The onus is on applicants at all times to ensure that their records and relationships can stand up to any alleged use of deception in Tax return. That is easier said than done, but it poses a real risk to those who take up ILR whilst seeking to establish a productive life for themselves and their families in the UK.
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