Applying for Indefinite Leave to Remain (ILR) in the UK is an exciting milestone for migrants. After years of living and working in the UK, securing ILR brings you one step closer to British Citizenship. However, the process is not always straightforward, and many applicants face refusals due to errors or discrepancies in their applications.
In recent years, UK Visas and Immigration (UKVI) has become increasingly strict in reviewing ILR applications. The government’s goal to reduce net migration, combined with tighter immigration policies, means that even minor issues can lead to ILR refusals. This article explains the main reasons for refusals under the 322(1A), 322(2), 322(5), 322(2A), and 19(i) & 19(j) grounds and how you can avoid these issues.
Common Reasons for ILR Refusals: Tax Issues and Deception
One common reason for ILR refusal is allegations of deception. If UKVI believes there are discrepancies in your application, such as incorrect income information or unreported tax issues, they may refuse your ILR application under the grounds of deception.
Case Study: ILR Refusal Due to Tax Issues
Mr. and Mrs. D applied for ILR after completing five years under the Tier 1 (General) visa. However, their application was refused. The Home Office found that HMRC records showed no income declared for a job Mr. D had in the 2010/11 financial year. This income had been claimed for the first Tier 1 points. As a result, the Home Office did not accept the income as genuine and refused the application, accusing them of deception under Paragraph 322(5) of the Immigration Rules.
Fortunately, Law and Visas helped Mr. and Mrs. D challenge the refusal. After an Administrative Review (AR) and a Judicial Review (JR), the Home Office overturned their decision and granted them ILR within six months.
What is ‘Deception’ in ILR Applications?
Deception refers to any attempt to mislead the authorities by submitting false information or documents in support of your ILR application. This could include:
- False Representations: Providing incorrect information on your application form or during interviews.
- False Documents: Submitting documents that are forged or altered to mislead immigration officials.
- Non-Disclosure of Material Facts: Failing to disclose important information that affects the outcome of your application.
If UKVI believes that any of these actions have occurred, they may refuse your application under Paragraph 322 or 322(5) of the Immigration Rules.
Reasons for ILR Refusals Under Paragraphs 322(1A), 322(2), and 322(5)
The UK Immigration Rules under Paragraph 322 cover a range of issues that could lead to a refusal, including:
- 322(1A): Misleading statements or documents.
- 322(2): Involvement in serious criminal activity or security concerns.
- 322(5): A deception allegation, such as submitting false documents or making false statements in the application.
UKVI can also refuse an application under 322(2A) if there are tax discrepancies, such as failing to report income to HMRC or claiming income that is not supported by the tax records.
How Can You Avoid an Allegation of Deception?
To avoid an accusation of deception, it’s crucial to ensure that every detail in your ILR application is accurate and consistent. Here are a few steps to help avoid issues:
- Check Your Income and Tax Records: Ensure that all income and taxes reported in your application match your records with HMRC. Any discrepancies, even small ones, could raise suspicion.
- Be Transparent: If you have any issues with your income, taxes, or documents, disclose them in your application. It’s always better to be upfront about potential problems.
- Consult a Professional: Consider working with an immigration solicitor who can review your application, check your documents, and ensure everything is in order before submission.
How Law and Visas Can Help
If your ILR application has been refused due to allegations of deception or tax issues, Law and Visas can help you. Our expert team will:
- Review your documents and identify any discrepancies.
- Gather evidence to challenge any allegations of deception, including obtaining records from HMRC or other third parties.
- Represent you in judicial review if necessary, to challenge the refusal and get your ILR application approved.
We understand the importance of getting your ILR approved and will work tirelessly to ensure your application is successful.
Getting Indefinite Leave to Remain (ILR) in the UK is a major achievement, but it requires careful attention to detail. Tax issues and deception allegations are common reasons for refusals, but with the right preparation and expert legal help, you can avoid these problems. If you’ve faced a refusal or need assistance with your application, contact Law and Visas today. Our team of experienced immigration lawyers is here to guide you through the process and help you secure your ILR successfully.
