Home Office written question – answered on 13th June 2018.

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Photo of Faisal Rashid Faisal Rashid Labour, Warrington South

To ask the Secretary of State for the Home Department, for what reason rectifying a tax return error constitutes sufficient grounds for his Department to refuse indefinite leave to remain under paragraph 322(5) of the Immigration Rules.

Photo of Caroline Nokes Caroline Nokes The Minister for Immigration

It is not the Government’s policy to refuse applications due to rectification of tax return errors.

We have refused applications where there are substantial differences – often tens of thousands of pounds – between the earnings used to claim points in an immigration application and an applicant’s HMRC records, without a credible explanation from the applicant. We take all available evidence into account before making a decision. Paragraph 322(5) is used where the evidence shows that an applicant’s character and conduct is such that their application should be refused. Any such case is signed off by a manager before refusal grounds are applied.

As I advised the Home Affairs Select Committee on 8 May, we are carrying out a review of these cases to see how many showed clear evidence of deceit, and whether any were minor errors.

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