Immigration Appeals

Appeal Granted for Indefinite Leave to Remain Case

By Amer Zaman

on May 3, 2022

The Context

Our client had applied for indefinite leave to remain (ILR) in the UK after completing five years on the Tier 1 General Visa (which is now closed for new entrants). As part of the application, our client provided all the relevant documents in relation to her income and previous visa applications.

Our client’s application for ILR was refused on the basis that she had submitted different amounts of income to HMRC in a tax return after being granted leave to remain under the Tier 1 (General) visa. Our client informed us that this was due to a disagreement she had with her previous accountant and prior to submission of her application she instructed a different accountancy firm to review her tax matters.

The new accountants were able to identify the wrong classification of her expenses which resulted in her income being reduced. The accountant submitted a correction of her tax return, and the client paid the relevant taxes.

When our client submitted the application, she provided her initially submitted tax return and the amended tax returns; however, the Home Office did not consider her explanation about the reasons for submission of amendment. The Home Office also implied that the applicant attempted to deceive them by providing false information.

How We Assisted

Our expert team reviewed the decision and several documents from her accountants. We identified that the income her accountants declared to HMRC was over the threshold required in order to obtain a Tier 1 (General) visa.

The team prepared detailed grounds of appeal and submitted the appeal to the Tribunal. Our solicitor also provided a list of supporting documents to the client which could help further support her appeal. Our client provided all the relevant documents and information about her business that she had been running for over seven years.

Our team assisted our client in preparing a witness statement and compiled a detailed bundle of documents, which was submitted to the Tribunal. The immigration judge commented on how impressed he was with the bundle, as it was concise and relevant to what he needed.

The Outcome

We represented our client in the Tribunal and successfully argued her case in front of the First-tier Tribunal judge. Our client’s appeal was allowed, and she was granted indefinite leave to remain following a wait of approximately six weeks.

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