INDEFINITE LEAVE TO REMAIN (ILR)

APPLICATION WITH
HMRC TAX AMENDMENTS

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Will my Application for Indefinite Leave to Remain (ILR) be
Refused Because of HMRC tax Amendments?
Some of the most common challenges:

UK Visas and Immigration (UKVI) takes note of any discrepancy between the income you reported in your
previous Leave to Remain application and the income you reported to the HMRC following the grant of
each of your leave to remain application;

Any discrepancies identified in the income tax records with HMRC and/or UKVI, Applicants run a great risk
of having their application refused if preventative action is not taken prior the submission of their
application;

Despite of having amended your income with HMRC and provided an explanation as to why an
amendment was made, UKVI may still use this as General Grounds for Refusal under section 322 (5)
questioning your conduct and character.

How can A Y & J Solicitors help?

We help in resolving issues on your settlement application to ensure you have
greater chances of having your application approved:

We assign a dedicated and experienced lawyer to have the conduct of your case;

We check that prior to the submission of your settlement application, tax amendments have been filed
with HMRC, any additional tax is paid and acceptable proof of corrections is prepared for UKVI;

We liaise with accountants and other professionals involved in gathering information with regards to your
income taxes;

We assist and advice clients who are required to complete the UKVI questionnaire assessing previous
earnings and income declarations. This questionnaire is sent by UKVI while your settlement application is
being considered;

We have a proven track of success in preparing such applications where we have literally made difference
in clients’ lives and saved them and their families from enormous expenses by avoiding a refusal.

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 OUR SUCCESS STORY
Indefinite Leave to Remain (ILR) Application Successful! – Tier 1 (General)
Application with tax amendments
Mr. H, a Non-EEA national approached A Y & J Solicitors for advice about his
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application for settlement in the UK. He was concerned about a tax amendment with
SRA
REGULATED HMRC, being aware that his application could be refused. During the consultation, we
realised that discrepancies between the initial submission of income to HMRC and
previous earnings to UKVI were enormous. Mr. H had already amended his taxable
income to HMRC with the accurate information but UK Visas and Immigration (UKVI)
could still use against him the General Grounds for Refusal 322 (5) where his character
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and conduct would be questioned.
EXPERIENCED

During the consultation, we also discovered that Mr. H’s wife was his dependant and
her application could only succeed if her husband’s settlement application was
granted. Attention to detail and expert knowledge regarding tax issues were required
to enable the two applicants to be approved for settlement.
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PASSIONATE A Y & J Solicitors Assist with ILR Application and UKVI Tax Questionnaire
While the application was pending, Mr. H received a standard questionnaire from the
UKVI that assesses previous earnings/income records declared to HMRC and UKVI at
the time of the extension application as a Tier 1 (General) Migrant. To ensure all
information was accurately reported to the UKVI, our team of experts in tax deception
04 issues assisted Mr. H with the completion of the questionnaire. We prepared legal
CREDIBLE representation to assist the caseworker at UKVI when considering our client’s case and
why his application should be approved.

Within a few months of completing the questionnaire our client was granted
settlement without further enquiries from UKVI. Less than a week following the

05 approval of his application, his wife was also approved for settlement.

RELIABLE
Expert Representation Recommended in Cases with Paragraph 322(5) Claims
According to recent decisions by the courts, large number of migrants on Tier 1
(General) visas are affected by Paragraph 322 (5) of the General Grounds for Refusal.
This relates to tax discrepancies between HMRC and UKVI reports and subsequent
claims of deception against applicants. Many migrants have lost their jobs and their
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families and careers have been impacted. Careful initial preparation of an
HONEST
application—especially the replies to the questionnaire—is vital to an application’s
approval.

Our expertise in these types of cases helped this couple remain in the UK and continue
to retain their jobs, progress in their careers and soon be able to apply for British
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nationality. If you are worried about your settlement application or any other UK
SUCCESSFUL
RECORD immigration matter, please contact us today. We’re here to help.

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 HOW OUR CLIENTS SEE US

DO WHATEVER
EFFICIENT
IT TAKES
RELIABLE HELPFUL

Professional

GREAT IN
CUSTOMER
SERVICE APPROACHABLE
EXPERT REASSURING

HONEST FRIENDLY

SRA Regulated SRA ID: 633686

+44 20 7404 7933 contact@ayjsolicitors.com www.ayjsolicitors.com