ILR Refused on Grounds of Deception and Tax Issues
A number of people are finding their Indefinite Leave to Remain (ILR) application is being rejected by the UK Home Office as they are alleged to have been deceptive when reporting their financial circumstances. ILR is the immigration status granting the individual unlimited time to remain in the UK and take up employment or study without any restrictions.
There are a number of ways to qualify for ILR and you can discover if this is an option for you by visiting the gov.uk website and choosing the options that best describe your circumstances. Applying for ILR is a lengthy process and finding out that your application has been refused on the grounds of deception, when it is actually due to a genuine error when filing your tax return, is hard to take.
Reasons For Refusal
The UK Home Office will reject an application for ILR if they find any evidence of deception in current or previous applications. Both successful and unsuccessful use of deception are equally serious and grounds for refusal. Deception is a broad term that primarily refers to making false representation, submitting false documents/information or not disclosing material facts relevant to the application. It is getting common that many ILR application gets refused due to the tax issues.
The UK Home Office will always check the information on the application form with their internal systems. They will also get data from the Department for Work and Pensions and HM Revenue and Customs (HMRC). Some applicants are rejected on the grounds of deception when the Home Office finds that the tax figures declared to HMRC create a discrepancy that is believed to be a deliberate act of deception. The details of the rejection will vary for each individual application and are often genuine mistakes made by the applicant or an accountant when submitting tax returns, rather than an intentional act of deception. Based on reported personal experiences, this process of rejection often applies to self-employed applicants and they are likely to be requested to fill out an additional tax questionnaire when submitting their ILR application, with questions including
• Confirm the type of documents that were used in order to prepare your self-assessment tax returns? invoices/bank statements/ dividend vouchers/ payslips/other
• Are you satisfied that the self-assessment tax returns submitted to HMRC accurately reflected your self-employed income?
Inconsistencies between the amount declared to the HMRC and the amount declared to the Home Office are likely to result in an application being rejected on ground of deception.
See An Expert
If you are applying for an ILR or intend to make an application and you think that there could be some discrepancies, seek professional accounting help to avoid a rejection. Better to err on the side of caution than risk being rejected and possibly losing your livelihood in the UK. If you have been rejected, do not lose faith or despair, there is an appeals process and with the right expert in your corner, there may be good chance of a successful outcome.
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.