Tag Archives: refusal

ILR Refusal due to Deception

March 2016 – The statement of changes of the Immigration Rules, which are due to come into effect on 6 April 2016, could bear bad news for those planning to extend their leave or apply for settlement under the family route.

Up to now, when considering the suitability of a FLR (M) / SET (M) applicant, the Home Office would have had to disregard previous ‘deception’ in line with S-LTR.2.2 / S-ILR.2.2.

With so many Tier 1 General ILR applications being refused on the grounds of deception due to discrepancies between earnings declared to the UKVI and earnings declared to the HMRC, we see many applicants choosing to vary their leave under the family route rather than taking the chance of getting their settlement application rejected.

Unfortunately under the amended rules this option may no longer be ‘bullet proof’.

Indeed S-LTR.4.1 and S-ILR.4.1 provide that an application may be refused on the ground of suitability if ‘the applicant has made false representation or failed to disclose any material fact for the purpose of obtaining a previous variation of leave, or in order to obtain a document from the Secretary of State or a third party, required in support of a previous variation of leave’ or ‘the applicant has made false representation or failed to disclose any material fact for the purpose of obtaining a document from the Secretary of State that indicates that he or se has right to reside in the UK …’

With the noose tightening, applicants who may have committed deception unknowingly- which will be the case for most Tier 1 General applicants whose tax declaration would have been made following the recommendations of their accountants without realising the potential repercussions, will find their immigration options limited even further.

 

 

Additional Tax questionnaire for Tier 1 Self-Employed ILR applications

March 2016 – Tier 1 G applicants applying for settlement through the Premium Service Centre (previously known as Public Enquiry Office or PEO) may be required to complete an additional form when attending the Centre. Based on our clients’ personal experience, the additional form/questionnaire is issued mainly to self-employed applicants. It is interesting to note that not all self-employed applicants are requested to complete the said questionnaire. The questionnaire is likely to be requested when the Home Office has noted a discrepancy between the amount of tax declared on the applicant’s SA and the amount of earnings declared when first applying or later extending under the Tier 1 G scheme. We find that when an applicant is required to complete the additional questionnaire the application is often referred for further checks.

Home Office Tier 1 SET (O) application tax questionnaire:

The questions asked on the form are as follows:
– 1 During your residence in the UK, have you worked in a self-employed capacity and been registered as self-employed or worked as the director or share-holder of a limited company?
– 2 What is/was the nature of your business as a self-employed person – select between sole trader/contractor/Limited company director or shareholder/ other?
– 3 Please confirm the financial years in which you were registered as self-employed in the UK?
– 4 For the financial years in which you have been registered as self-employed in the UK, please confirm the financial years for which a self-assessment tax return was submitted to the HMRC by you on on your behalf?
– 5 Please specify the type/nature /field of business you engaged in to generate income?
– 6 Did you use an accountant to assist in submitting your self-assessment tax return(s) to HMRC?
– 7 What is the name of the accountant you used?
– 8 Please confirm the type of documents that were used in order for yourself or your accountant to prepare your self-assessment tax returns? invoices/bank statements/ dividend vouchers/ payslips / other
– 9 Are you satisfied that the self-assessment tax returns submitted to HMRC accurately reflected your self-employed income?

Discrepancies between the amount declared to the HMRC and the amount declared to the UKVI are likely to result in an application being rejected on ground of deception.

Future applications for entry clearance or leave to remain is likely to be refused under 320(7b) immigration rules following a refusal on the ground of deception. The ban, which lasts for 10 years, does not apply to family application.

For further information or a copy of the entire questionnaire please contact us.

December 2013 – Changes to the Entry Clearance form – NHS debts recovery

The National Health Service (Charges to Overseas Visitors) Regulations (as amended) states that the NHS will charge and recover payment for treatment provided to visitors, or non-residents (someone who is not considered as settled in the UK).

Hospitals can also use their discretion whether or not to withhold treatment if payment is not made in advance.

GPs must offer treatment to anyone who asks for it, but if a doctor deems further treatment as necessary they can use their discretion to refuse to register people as permanent or temporary patients.

If someone is not entitled to free hospital treatment, then a referral from a GP for treatment does not allow exemption from charges, unless the treatment falls under an exempt category (see below).

WHO IS EXEMPT FROM PAYING FOR NHS MEDICAL TREATMENT?

Regulation 3, Schedule 1 of the NHS regulations 1989 sets out:
– the overseas patients that are exempt from the charges; or
– circumstances when overseas patients are exempt.

Whilst the list below is not exhaustive, ‘circumstantial’exemptions include:
• Treatment at A&E, casualty or ‘walk-in’ centres
• Treatment for incapacitating illnesses, such as food poisoning, diarrhoea, salmonella infections, whooping cough etc (see Schedule 1 of the Regulations for a full list)
• Treatment for a sexually transmitted disease (see HIV below)
• Family planning services
• Services provided for those under the Mental Health Act 1983
• Psychiatric treatment required by a court.

Overseas patients exempted from paying the NHS charges are:
• Permanent residents (those holding indefinite leave to remain / permanent residency)
• Those based in the UK for employment, including self-employment (Tier 2, Tier 5, Tier 1..etc)
• Those that can obtain services due to reciprocal agreements with certain countries
• Those who are part of HM Forces and NATO armed forces
• Long term students (over 6 months leave) or students whose course is substantially funded by the UK government
• Refugees, including applicants for refugee status; but not refugees who have been refused asylum – more information is available on the Department of Health website: asylum seekers and refugees
• Those who have previously had 10 years continuous lawful residence in the UK and who have worked overseas for less than 5 years
• Those who work in another EEA state
• EEA nationals, including refugees of EEA states and their dependants

NHS DEBTS – GROUNDS FOR ENTRY CLEARANCE REFUSAL

Since the 1st November 2011 any unpaid debt to one or more relevant NHS Bodies, with a total value of at least £1,000, is grounds to refuse an application for entry clearance.

UNPAID NHS DEBTS

Entry clearance will normally be refused if the applicant has unpaid NHS charges of £1,000 or more taking into consideration any compelling compassionate circumstances and/or human rights considerations.

Where a refusal application is also linked to a dependant application, any dependent will also fall to be refused.

However if the dependent is responsible for refusal, due to unpaid NHS debts, there is no requirement that the main applicant is also refused.

Where the debt relates to a dependent minor the parents/guardian will be responsible for the debt.

The rule only apply to debts acquired on or after 1 November 2011.

Refusal will be under the Immigration Rules paragraph 320(22) stating the charges owed to the NHS.

There are no additional appeal rights.

Application forms have recently been revised to show these changes.

If in the application form an applicant (not covered by the exemption listed above) states that they have received chargeable NHS treatment and there is no evidence that payment has been made, after taking into consideration any compassionate and human rights considerations, and if the applicant’s statement indicates that the NHS debt is for £1,000 or more, which is confirmed by the appropriate checks, then the Entry Clearance Officer will consider refusing the application under the Immigration Rules para 320(22).

If the debt is for less than £1,000, the application should not be refused under paragraph 320(22).

When an applicant has stated they have received chargeable NHS treatment in their application form, the visa officer will check their system or carry out further check with the help of the UKBA NSH SUPPORT TEAM who will contact the relevant hospital/trust and will feedback any information to post.

For further information, please contact us.