Immigration Deception Solicitors.
HOME OFFICE vs TAX AMENDMENTS
Refusals based on tax amendments made by Applicants
“(5) the undesirability of permitting the person concerned to remain in the United Kingdom in the light of his conduct (including convictions which do not fall within paragraph 322(1C), character or associations or the fact that he represents a threat to national security”
The Home Office normally has one area where they refuse people their visas in their thousands, we are not sure if the figure has reached that as of yet but there are many people who are being refused ILR based on the tax amendments which they may have made when filing their Settlement Applications.
It used to be the ETS TOEIC cases but now it seems the interest has shifted to Tier 1 General Migrants who are coming up to their settlement applications.
This area is mostly effecting people who were or are in the UK as Tier 1 General Migrants who have been working and been self-employed during their five years in the UK.
We have come across many clients who have been faced with this issue where in the past they filed their applications which showed a certain level of income to score points but by the time their accounts were due the profit became considerably less.
The Home Office is using the above paragraph and deception grounds to refuse on the basis that an applicant has either lied to the Home Office or the HMRC so either way according to the Home Office someone has been given wrong information which is why the application is being refused.
What can you do about this?
The initial point for anyone is to amend his or her accounts but this could be a problem also, it is a damned if you do and damned if you don’t sort of situation.
It is important to firstly establish why and how the final figure on which tax is to be paid is lower than the amount that was declared to the Home Office. Once that has been established it is important to seek legal and accounts advice and then make any amendments if necessary.
A recent case we have worked on
In a recent case handled by our Naveed Abraham at our Birmingham Office he established to the Upper Tribunal in a Judicial Review Claim that the argument that our client was using deception or acted in a way which puts his character into question was wrong and not reached accordingly.
Our client’s business was thriving at the time when he made his Tier 1 General Application in November of the year in question.
By the time he reached March his business had made a considerable loss, which led to him informing the HMRC of his losses and as a result his net profit was lower than what was declared to the Home Office in November.
The Home Office argued this was to circumvent the rules to score the relevant points.
After a Judicial Review Claim was filed the court found in our client’s favour and ordered that permission is granted.
The key point made by the Court was, “The basis for claim of deception by the SSHD against the first Applicant is arguably flimsy…”
Our argument that the Home Office simply alleging something without looking at the key facts led us to the decision which we received from the Courts in our client’s favour.
It is important that if you are in this situation you contact an expert solicitor who deals with deception issues with Home Office refusals.
Whilst there are many routes that you could take the key thing in these cases is proving that no deception was carried out and that there was no dishonesty involved, this is very difficult to prove.
If you need help in case like this then contact our solicitors to help you get the result you deserve.