Inaccurate tax records can lead to ILR refusal
Applicants for Indefinite Leave to Remain (ILR), like applicants for other categories of immigration status, are finding that the administrative requirements of their applications are stringent in the extreme. It is no secret that, under the control of Theresa May, The Home Office is intent on limiting the number of migrants to the UK. A tightening up of the criteria for ILR is just one means of achieving this.
Although there are different routes to ILR depending on each applicant’s circumstances, it is typically the case that individuals will have spent time in the UK on a temporary visa prior to applying for ILR. An increasing concern for applicants who are hoping to make this transition concerns their financial record keeping.
Part of the application procedure now focusses on the tax paid by applicants as a means of verifying their declared income figures. But such is the stance adopted by UKBA that any inaccuracy or discrepancy is treated – as a matter of course – as an act of deliberate deception. The logic of this administrative trap-door is inescapable: any incorrect record equates to a fraud and that automatically constitutes grounds for rejecting the ILR application. The presumption at all stages is weighted against the applicant. Contrary to the established basis of British justice more generally, the underlying principle that is currently in force rests on the presumption of guilt.
The safety net for applicants who find themselves in this complex situation comes in the form of a possible administrative review or an appeal if there are sufficient grounds for that recourse. Needless to say, both courses of action – even if they are successful – can entail considerable delays and expense, not to say stress. The need to seek professional assistance with the ILR application process has never been more acute.
YDVISAS specialise in all visa categories and are specialist immigration lawyers in the UK. Please contact the expert team at YDVISAS, should you need any professional help with your visa application.