ILR Refused due to tax mismatch in previous FLR applications

[sbhpbm]

Dear Members...

One of my friends has a critical situation; his ILR got refused as the tax income he submitted to the home office doesn’t match with the HMRC for his previous applications. He got refused stating that in his previous applications the taxes doesn’t match but not based on the current ILR application. The home office didn’t curtail his visa and he has leave to remain for couple of months more.
Could anyone please suggest the way forward, he was suggested 2 ways of going forward:
1. To do a fresh application by amending the taxes for the previous applications (which he already submitted) with the HMRC by matching them with the home office earnings.
2. To challenge the refusal on the grounds that this is an innocent mistake where the taxes has been taken care by the accountants who did the tax filing but not him. And by the time the case reaches the court the taxed will be amended by the HMRC as he requested the change already.
He is not sure if he leaves the current application and goes for a fresh application, will it be admitting the falsification of the documents? And will it cause a ban for 10 years? Or to fight the current application will be a better way forward?


Thank you for your advice and valuable time..
S.

[Wanderer]

Dear Members...

One of my friends has a critical situation; his ILR got refused as the tax income he submitted to the home office doesn’t match with the HMRC for his previous applications. He got refused stating that in his previous applications the taxes doesn’t match but not based on the current ILR application. The home office didn’t curtail his visa and he has leave to remain for couple of months more.
Could anyone please suggest the way forward, he was suggested 2 ways of going forward:
1. To do a fresh application by amending the taxes for the previous applications (which he already submitted) with the HMRC by matching them with the home office earnings.
2. To challenge the refusal on the grounds that this is an innocent mistake where the taxes has been taken care by the accountants who did the tax filing but not him. And by the time the case reaches the court the taxed will be amended by the HMRC as he requested the change already.
He is not sure if he leaves the current application and goes for a fresh application, will it be admitting the falsification of the documents? And will it cause a ban for 10 years? Or to fight the current application will be a better way forward?

WRT to point 2. I'm afraid blaming others is no defence, it's the business owner who is responsible for this and signing off the work the accountant has done as accurate and correct.
Thank you for your advice and valuable time..
S.

[akan]

Dear Members...

One of my friends has a critical situation; his ILR got refused as the tax income he submitted to the home office doesn’t match with the HMRC for his previous applications. He got refused stating that in his previous applications the taxes doesn’t match but not based on the current ILR application. The home office didn’t curtail his visa and he has leave to remain for couple of months more.
Could anyone please suggest the way forward, he was suggested 2 ways of going forward:
1. To do a fresh application by amending the taxes for the previous applications (which he already submitted) with the HMRC by matching them with the home office earnings.
2. To challenge the refusal on the grounds that this is an innocent mistake where the taxes has been taken care by the accountants who did the tax filing but not him. And by the time the case reaches the court the taxed will be amended by the HMRC as he requested the change already.
He is not sure if he leaves the current application and goes for a fresh application, will it be admitting the falsification of the documents? And will it cause a ban for 10 years? Or to fight the current application will be a better way forward?


Thank you for your advice and valuable time..
S.

Go for fresh application. Send me PM [moderator edit]

[Nabcan]

Hi Sbhpbm,
Has your friend applied at PEO or via post? Also, in his current ILR application, has he applied as Employed or Self Employed?

[Casa]

Dear Members...

One of my friends has a critical situation; his ILR got refused as the tax income he submitted to the home office doesn’t match with the HMRC for his previous applications. He got refused stating that in his previous applications the taxes doesn’t match but not based on the current ILR application. The home office didn’t curtail his visa and he has leave to remain for couple of months more.
Could anyone please suggest the way forward, he was suggested 2 ways of going forward:
1. To do a fresh application by amending the taxes for the previous applications (which he already submitted) with the HMRC by matching them with the home office earnings.
2. To challenge the refusal on the grounds that this is an innocent mistake where the taxes has been taken care by the accountants who did the tax filing but not him. And by the time the case reaches the court the taxed will be amended by the HMRC as he requested the change already.
He is not sure if he leaves the current application and goes for a fresh application, will it be admitting the falsification of the documents? And will it cause a ban for 10 years? Or to fight the current application will be a better way forward?


Thank you for your advice and valuable time..
S.

Go for fresh application. Send me PM [moderator edit]

sbhpbm can't send or receive PMs until they have made 10 posts.

[sbhpbm]

Hi Sbhpbm,
Has your friend applied at PEO or via post? Also, in his current ILR application, has he applied as Employed or Self Employed?

He applied at PEO, in his current application he showed only Employed income which will meet the requirement, he closed his self employed couple of years ago.

[Romeo007]

hI sbhpbm, Sorry to hear about your friends refusal, but can you please clarify my below doubts so that we can have a vivid picture and advice accordingly.

1> Which previous application HO found out that there is mismatch in payable tax amount between HMRC & HO, is it the initial application or the extension? or the both application?
2>You mentioned he closed his self-employment, does that mean he claimed to HMRC the income and closed the self-employment without paying the claimed amount, or he showed a different amount to HMRC while filing the tax return?
3>Who suggested those two ways forward ,HO or by anyone other than HO

[sbhpbm]

hI sbhpbm, Sorry to hear about your friends refusal, but can you please clarify my below doubts so that we can have a vivid picture and advice accordingly.

1> Which previous application HO found out that there is mismatch in payable tax amount between HMRC & HO, is it the initial application or the extension? or the both application?
2>You mentioned he closed his self-employment, does that mean he claimed to HMRC the income and closed the self-employment without paying the claimed amount, or he showed a different amount to HMRC while filing the tax return?
3>Who suggested those two ways forward ,HO or by anyone other than HO

Thank you for your reply Rome007

He has an issue mainly with the extension where he showed more amount to HO but the amount got miscalculated by the time his tax was submitted the following year.
He has been to couple of immigration lawyers and they advised in 2 different directions...

He already sent an updated Tax returns to HMRC but not sure whether to apply again or to continue with the earlier application as it suggests that falsification has been done.

Your expertise in this issue is appreciated.

Thank you.
S

[sbhpbm]

hI sbhpbm, Sorry to hear about your friends refusal, but can you please clarify my below doubts so that we can have a vivid picture and advice accordingly.

1> Which previous application HO found out that there is mismatch in payable tax amount between HMRC & HO, is it the initial application or the extension? or the both application?
2>You mentioned he closed his self-employment, does that mean he claimed to HMRC the income and closed the self-employment without paying the claimed amount, or he showed a different amount to HMRC while filing the tax return?
3>Who suggested those two ways forward ,HO or by anyone other than HO

Thank you for your reply Rome007

He has an issue mainly with the extension where he showed more amount to HO but the amount got miscalculated by the time his tax was submitted the following year.
He has been to couple of immigration lawyers and they advised in 2 different directions...

He already sent an updated Tax returns to HMRC but not sure whether to apply again or to continue with the earlier application as it suggests that falsification has been done.

Your expertise in this issue is appreciated.

Thank you.
S

Sorry he closed the self employment after paying the tax which he thought is correct,but it came to his notice that he under declared only once the HO refused his ILR.

Regards,

[Romeo007]

Thanks for the information.

Personally I will not advise you to challenge the HO, because some candidates do fiddle with tax and plead guilty so the judge will rarely have mercy on them. So its better to go for a fresh application and also I believe for ILR we cant appeal against the refusal but we can go for administrative review which wont do any good. So doing a fresh application with HMRC SA302 to justify you have matched the tax amount is advisable also since HO would have your previous rejected records write a cover letter professionally explaining the accounting error. Hope this helps gudluck

[Nabcan]

Hi sbhpbm,
Which PEO your friend attended? Was he given the decision same day or application withheld for further checks and decision given later on?

[sbhpbm]

Hi sbhpbm,
Which PEO your friend attended? Was he given the decision same day or application withheld for further checks and decision given later on?

Hi Nab,

He attended the Croydon and the decision was made on the same day.

thank you,

[akan]

Doesnt matter which PEO you attend.

Make sure documentation is in correct order.

[Wanderer]

hI sbhpbm, Sorry to hear about your friends refusal, but can you please clarify my below doubts so that we can have a vivid picture and advice accordingly.

1> Which previous application HO found out that there is mismatch in payable tax amount between HMRC & HO, is it the initial application or the extension? or the both application?
2>You mentioned he closed his self-employment, does that mean he claimed to HMRC the income and closed the self-employment without paying the claimed amount, or he showed a different amount to HMRC while filing the tax return?
3>Who suggested those two ways forward ,HO or by anyone other than HO

Thank you for your reply Rome007

He has an issue mainly with the extension where he showed more amount to HO but the amount got miscalculated by the time his tax was submitted the following year.
He has been to couple of immigration lawyers and they advised in 2 different directions...

He already sent an updated Tax returns to HMRC but not sure whether to apply again or to continue with the earlier application as it suggests that falsification has been done.

Your expertise in this issue is appreciated.

Thank you.
S

Sorry he closed the self employment after paying the tax which he thought is correct,but it came to his notice that he under declared only once the HO refused his ILR.

Regards,

So he fiddled his tax.

[sbhpbm]

Hello Wanderer!

I dont think he wants to fiddle with his Tax as he looses a few grand now and the Tax amount is only couple of 100's which is not much to pay. It is a genuine mistake happened between him and his new accountant when he shifted the Accountants due to the unavailability of previous Accountant and i am sure he doesn't know much about accounts at that time as he just started the Self-Employment and as the income is broken into 2 financial years its not very clear for him atleast.

Thank you for your comment anyways...

[argus7]

Whether its 100 pounds or 1000 pounds, HO will not care, you declare everything thing you earn show to HO and pay the same and keep things accurate to the penny.

[sbhpbm]

Dear members!!

Thank you for your responses,

Could you clarify one more thing if once the Admin review is refused as well, Do we need to do a fresh application within 28 days or can we wait until the updated taxes are reflected in the HMRC SA302's and then do a fresh application as he has valid visa until couple of months more.

[tatetate]

Very Sorry to hear about your friend.

Honestly he will be short of time as well options, I would suggest to seek a professional advice.

I have witnessed 2 cases my self who were refused ILR at Peo and i reported it here but instead of believing me here, some members accused me of lying and said my comments made no sense.

I Hope that he still can manage to sort things out and hope all goes in his favour.

All the very best!

[rpsarangi]

I thought you' said that your friends claimed income to HO falls in 2 HMRC financial year . If your friend adds the profit for 2 Finiancial year for HMRC was that less than than the claimed amount to HO . .?...
If it was less how much was it less ? Asking thing to understand the fact that' there could still be expenditure after your friend got visa ... Or your friend immediately closed the self employment after the visa ?

[rpsarangi]

Seniors please comment if I am wrong:
If the claimed amount to HO falls in HMRC 2 Finiancial year .. Then the claimed profit for 2 HMRC Finiancial year can be less than HO claimed amount as there could be expenditure even after the visa is granted by HO .

[rpsarangi]

Very Sorry to hear about your friend.

Honestly he will be short of time as well options, I would suggest to seek a professional advice.

I have witnessed 2 cases my self who were refused ILR at Peo and i reported it here but instead of believing me here, some members accused me of lying and said my comments made no sense.

Can u please say what were the two cases ? Again if that's ok ....

I Hope that he still can manage to sort things out and hope all goes in his favour.

All the very best!

[geriatrix]

Dear members!!

Thank you for your responses,

Could you clarify one more thing if once the Admin review is refused as well, Do we need to do a fresh application within 28 days or can we wait until the updated taxes are reflected in the HMRC SA302's and then do a fresh application as he has valid visa until couple of months more.

He may apply again anytime before his current leave expires ... no "within 28 days" business here as he has extant leave.

2. To challenge the refusal on the grounds that this is an innocent mistake where the taxes has been taken care by the accountants who did the tax filing but not him. And by the time the case reaches the court the taxed will be amended by the HMRC as he requested the change already.

That is a lame excuse!! The applicant is responsible for ensuring that the claims being made in the application are factually true, even if he has hired a representative to act on his behalf.


I have changed the title of the topic to state the reason of refusal.

[sbhpbm]

I thought you' said that your friends claimed income to HO falls in 2 HMRC financial year . If your friend adds the profit for 2 Finiancial year for HMRC was that less than than the claimed amount to HO . .?...
If it was less how much was it less ? Asking thing to understand the fact that' there could still be expenditure after your friend got visa ... Or your friend immediately closed the self employment after the visa ?

Hi,

Yes My friend was advised the same by the accountant and as there has been more expenses after the visa submission. And secondly there has been discrepancy in filing the taxes for the following year as it was done by a different accountant. The difference of taxes is couple of 100's. He closed the self Employment after clearing the taxes as submitted in the following year. And he has the Nothing to pay letter which he submitted to the HO for ILR.

If he does fresh application once he sorted the Taxes with the HMRC and submits the statements to the HO will he be lucky??? Any suggestons????

[botalian]

Was your's friend tax year a complete financial year when he got extension or Income he claimed was split between two financial years ?

Thanks

[pankajkr_ghy1]

any update in your friend case sbhpbm???