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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6261
Experience:  BA (Hons), PgDip, Practising Solicitor
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I was ban for 10years bcos the embassy alleged that I used

Resolved Question:

I was ban for 10years bcos the embassy alleged that I used a false tax clearance certificate,I promptly protested because I had used the same tax clearance to process a land certificate under the state government and there was no fuss.however in reply to my protest the uk embassy counseled that I was free to reapply.i reapplied and they ban me for ten years!what is the way forward ?
Submitted: 11 months ago.
Category: UK Immigration Law
Expert:  Thomas replied 11 months ago.
Hi

What is the tax clearance certificate?

What does it relate to?

Who issued the certificate to you?

What visa have you applied for?

Tom
Customer: replied 11 months ago.
A certificate that shows proof of annual payment of tax.it was issued by the Lagos state govt ,nigeria where I reside.i applied for uk.ireland ,southafrica
Expert:  Thomas replied 11 months ago.
Great, thanks.

Do you have any idea why they believe it not to be genuine?

What visa did you apply for?

Tom
Customer: replied 11 months ago.
I applied for a uk visa. Well the tax clearance was gotten through an agent.At the time of my application way back 2008,The process for getting a tax clearance was faulted with so many problems,such that you couldn't confirm the authenticity ,untill few years ago when the Lagos state govt computerized the process and you now pay directly at the bank.
Expert:  Thomas replied 11 months ago.
Drafting your answer now. 5 mins.

Kind regards,

Tom
Expert:  Thomas replied 11 months ago.
Hi

Thanks for your patience.

The only way that you are going to be able to get the ban lifted now is by submitting an application for “Judicial Review”. This is a high court judge reviews the decision of the ban and decides whether or not it is lawful.

This is a specialist application. It is not something that you could possibly do yourself. You would need to instruct a UK based solicitor, which you can still do from outside the UK provided you are able to attend a lawyer based in your home country to verify your identity.

It would also be expensive, we are talking at least £1500+ VAT in legal fees.

The issue is whether the certificate is genuine or not. The view of the UKBA is that even if it was an agent who provided it then you are still responsible for it. Therefore, if the agent provided a fake certificate then the ban will stand because you are free to choose who to trust to make the application for you.

If the certificate is genuine then you will need to have it verified so far as the tax authority is able and give the documentation to the lawyer that you instruct based in the UK. They will prepare the evidential documentation asserting that the ban was not lawful because the certificate was genuine and then submit an application for the judge to review the decision.

If the judge reviews and finds that the certificate was genuine then they will likely overturn the ban so that you are free to apply again.

However, you must be certain that the certificate was genuine because it is a lot of money to spend.

Good luck.


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Kind regards,


Tom

6
Thomas, Solicitor
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
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