Many Indefinite Leave to Remain (ILR) applications are being refused under Section 322(5) of the Immigration Rules, with the Home Office branding applicants as having an “undesirable character.” This can be a devastating charge, especially for skilled professionals who have made a minor error, like a tax mistake, years ago. Unfortunately, even simple tax amendments or income discrepancies can lead to ILR refusals, leaving many highly educated and well-traveled migrants facing serious consequences.
Why Are ILR Applications Refused Under Section 322(5)?
Section 322(5) is a provision in the immigration rules that allows the UK Home Office to refuse an ILR application if the applicant is deemed to have an “undesirable character” based on their conduct, character, associations, or any perceived threat to national security.
This section is typically used to refuse applications in cases of criminal activity, terrorism, or national security threats. However, the Home Office has been using this clause to refuse ILR applications from migrants who made minor, legal amendments to their tax records or had small discrepancies in their declared income.
For many Tier 1 and Tier 2 visa holders, especially those who applied before the rules changed in 2018, their applications are being refused on this ground, even though their tax errors have been corrected and paid.
What is Section 322(5)?
The section allows the Home Office to refuse applications if the individual’s conduct, character, or associations are considered undesirable. Although it was meant for serious cases like criminal activity or threats to national security, it is now sometimes used for minor issues, such as correcting tax errors.
How to Avoid ILR Refusal Due to Tax Amendments
If you’ve made amendments to your tax returns or there have been discrepancies in your declared income, it is important to seek professional advice. Many people don’t realize that these minor corrections can lead to an ILR refusal under Section 322(5). The best way to avoid this is to work with an experienced immigration lawyer who can carefully review your documents and identify any potential issues before you submit your application.
What to Do If Your ILR Application Is Refused Under Section 322(5)?
If your ILR application is refused under Section 322(5), it is essential to act quickly. Here are the steps you should take:
- Seek Legal Advice Immediately
Get in touch with an experienced immigration lawyer as soon as you receive the refusal notice. A lawyer will help you understand the decision, explain your options, and guide you on how to proceed. - Appeal the Decision (If Possible)
Depending on the circumstances, you may have the right to appeal the decision. If you do not have an automatic right of appeal, you may be able to challenge the decision through a Judicial Review. This is a process where the court examines whether the Home Office followed the law when refusing your application. - Don’t Delay
Section 322(5) refusals can lead to serious consequences. If your application is refused, you may become ineligible for other visas, and some migrants are even given as little as 14 days to leave the UK. If you’re allowed to stay while fighting the refusal, you may be restricted from working, studying, or receiving benefits. - Possible Deportation
If your refusal is linked to allegations of terrorism or national security threats, your passport may be permanently marked, which can make future visa applications extremely difficult.
Home Office Guidelines
The Home Office guidelines specify that Section 322(5) should only be applied in cases involving serious criminal activity, threats to national security, or war crimes. However, the Home Office also has the discretion to refuse an ILR application based on character and conduct, even if the issue is a simple tax mistake.
Being accused of having an undesirable character, especially when it’s based on a simple error like a tax mistake, can feel unfair and overwhelming. However, by working with a professional immigration lawyer, you can challenge the decision and fight to stay in the UK. If your ILR application has been refused under Section 322(5), don’t wait. Seek expert legal advice as soon as possible to protect your future.
At Law and Visas, we are experienced in handling complex immigration cases, including ILR refusals under Section 322(5). Contact us today to get the support you need to fight your case.
