As a direct access immigration barrister this is one area of the law in which I have been bombarded with decisions where people have been refused leave to remain on the basis that they had previous informed the Home Office and HMRC of differing tax figures.
I have won a number of appeals and have had ARs reconsidered. I have worked out that the refusals under paragraph 322(5) of the Immigration Rules (HC395(as amended)) are most susceptible to challenge where most work has been put into explaining why the figures do not match, i.e. where there has been a mistake what was the reason.
Today I was faced with a slightly differing problem, my client had not gone for the 1 day service, something that is almost always fatal to such applications as the clients are faced with an Immigration Officer who gives them no time to properly respond or build a case.
This client had made the normal application and was waiting for the response when the Home Office contacted him and asked him to provide the details as to why he had changed the data.
In this case the data had been changed more than once, helpfully and not helpfully. Helpfully as the first change was some 5 years ago, thus defeating the charge that the application was only made recently and secondly, and less helpfully how did the second mistake come about, however, both matters were corrected before the decision.
It is clear that the Applicant in this case has an excellent case as he can point to having made changes back in 2011 or so and that he left the matter to the Home Office. Furthermore we are able to factor in his Human Rights which ought to lead to a right of appeal.
It is clear to me that if you have an application for ILR where you have had to change your tax then contact me before the refusal and let us put forward the reasons prior to any refusal it will make winning any appeal / judicial review that much easier.
Lastly, if you have made any such application for ILR based upon 10 years (paragraph 276B-C) or as a result of completing 5 years as a Tier 1 Migrant please check your tax returns as against your UKVI forms to ensure that they match. These spate of refusals ought to serve as a warning to all those who are intending to make an application, have made an application or who have been refused and are considering what to put in the Administrative Review (“AR”) under paragraph 34G of the Immigration Rules HC395 (as amended)).
In short, the earlier you get in and either correct the mistake or establish that no mistake was made and you need not worry.
If you are unsure then please make an appointment with me and I will go through your papers and confirm that all is well and if not we can take immediate remedial action. Its never too early to put your house in order in this type of case, indeed the later you leave it the higher the chances of a removal. Indeed coming early could allow us to vary the nature of the application.