Immigration Appeal Proof of Earnings
On 30 March 2018, we have received a decision of the Upper Tribunal on our application for permission to appeal. Our client is a father of a British national but his indefinite leave to remain application was refused on the ground that he did not disclose his earning to HMRC on which he had relied upon to claim points from the Home Office for his application as a Tier 1 (General) Migrant. The First-tier Tribunal upheld the decision of the Home Office holding that he had deceived the Home Office by not disclosing his earnings to HMRC. However, our application for permission to appeal has been allowed, and the matter will now go for a full hearing before the Upper Tribunal. Our main ground is that the earnings disclosed to the Home Office cannot be the same as disclosed to HMRC because the dates and periods for two are different. Our fall back argument is that the discretion should be exercised in our client’s favour as it was an innocent mistake and he is now paying the tax on the total amount for which he had claimed points for his earning from the Home Office. Moreover, he is a father of the British child therefore in the best interest of the British child the discretion should be exercised in his favour. We will let you know more about this matter when the appeal comes up before the Upper Tribunal for a full hearing.