10 Years Long Route and self employment

[jibri]

Hi All,

I need you help as I am quit worried about it. My ten years will complete Aug 2016 , I have no gap or any other complication EXCEPT I was on PSW until March 2013 and then I switched to Tier 2 General. during my PSW I did some self employment business and also submitted tax returns. I ceased my self employment in Aug 2013 and filed the tax return. Now when I will apply for ILR next year or Neutralization can this cause problem that I have ceased my self employment on Aug 13? My tax affairs are up-to-date with HMRC.

Thanks for your help in advance

[geriatrix]

1. It is "naturalisation", not neutralization!
2. If your tax affairs are in order, there is nothing to worry irrespective of whether the self-employment ceased in the past or is continuing as long as it is/was legally allowed.

[jibri]

Hi Sorry sushdmehta, yes I meant naturalisation.

Thanks for your response I was worried because I swtiched to Tier 2 in middle of March 13 and ceased self-employment in Aug 13. yes the tax affairs are uptodate with HMRC as I am paying tax on my employment and also submit tax return every year.

[Dantean]

I think there are no work restrictions under PSW, but isn't a Tier 2 visa connected with a single job? If so, could there be a potential problem where the self employment overlaps the Tier 2 (from March to August 2013) ?
An FOI from 2014 seems to indicate self employed work is prohibited under Tier 2.

[jibri]

Hi,

Yes that's my concern is I potentially stopped doing self employment work by March 2013, but there were some stock which I sold later and ceased self employment in August 13. What my conern is with HMRC either they just check if all tax affairs are uptodate or its more then that.

[Dantean]

With a 10 year Long Residence application, I think you only need to show you were here legally for the whole time. So if you have the passport(s) to show it, and all of your applications were made in time, you do not need to provide details such as HMRC documents.
Does anyone know if a case worker would typically look at internal HMRC records in detail for 10 year LR? If so, it could potentially be a problem.

[jibri]

Thankyou Dantean for your reply,

yes thats what problem is ,on other hand what I think is if they check in that detail then many of guys who got ILR worked more then they allowed when they were students.

[geriatrix]

The issue here is not whether or not one needs to provide employment / tax evidences(s) with SET(LR) application but whether the caseworker will or will not check the applicant's employment / tax history to verify that no illegal employment was undertaken and/or material facts not disclosed during stay in the UK ... irrespective of the route to settlement.

The form asks for NI number, right?

[jibri]

National Insurance box is almost included in every form now either for Tier 4 or ILR, I have read and saw many cases where ILR refused on tax basis when person applied on Tier 1 basis, however I have not seen any case rejected on basis of tax affairs when one applied on 10 years basis. No one can rule out that caseworker can check these detail with HMRC if they want, only question is caseworker often and now mostly check tax affairs with HMRC for Tier one applicant, how often they do check tax history for 10 years ilr applicants and do I stand a chance or I should just pack my luggage

[geriatrix]

Now that can only be answered by a clairvoyant!

[jibri]

yes you are right, I think I will need to leave it on my luck and what will be the circumstance that time and how my case worker will see my case. I still have one Tier 2 extension a head so I think I should focus on this first.

[jibri]

So basically its on discretion of a case worker if he or she wants to check tax records from HMRC for ILR on 10 years basis?

[sparkle85]

Now a days there is nothing like discretion . Either you going Tier 1 5 year route or LR 10 year route they will check it anyway to see what you have been doing financially for last 10 years. So you are not dependent government.

[jibri]

Thanks for your response, So what are my options?

[sparkle85]

What you mean what your options . You have closed the self employment and thats lawful unless you have closed the SE without paying tax.

[jibri]

basically my query was I ceased my self employment in Aug 13, I switched to tier 2 work permit in March 13 so basically I ceased self employment while I was on Tier 2

[sparkle85]

Thats should be fine unless you receive income through SE between March and August.

[jibri]

There were some transaction as I was selling my left over stock, It was loss at the end anyway.

[sparkle85]

You can continue self employment while on Tier 2 either its a loss or profit doesn't matter. Have you submitted tax return for that period and is that loss recorded on that?

[geriatrix]

You can continue self employment while on Tier 2

What gave you that idea - that one can be self-employed when on a Tier 2 migrant leave?

[jibri]

You can continue self employment while on Tier 2

What gave you that idea - that one can be self-employed when on a Tier 2 migrant leave?

Dear sushdmehta, what your advice to me what should I do?

[sparkle85]

You can continue self employment while on Tier 2

What gave you that idea - that one can be self-employed when on a Tier 2 migrant leave?

Apologies I misspelled . I wanted to say Cant.

You cant do self employment while on Tier 2. And hence you must have submitted the tax return with loss so it will reflect on your SA302 which case work may access on request from you or HMRC.

If case worker request for last 5 years tax history then you can only pray he/she over look that piece of information.

[geriatrix]

You can't change the fact that you were self-employed during a short period while on Tier 2 leave, which is not legally allowed.

The risk and your concern is whether or not a caseworker will dig deep into your records and figure it out. There is no way on earth that anyone can give you an answer to what "your caseworker will do", so it is up to you whether:
1. you wish to take the risk now, or
2. wait for several more years so that the period in question will fall out of the LR period thereby reducing the risk to an extent (perhaps), or
3. never apply for settlement.

[jibri]

Thank you all of you for your input.

I will have to take risk as there is no point to wait, because things are getting worst then better, what is done is done.
Definately no one can tell what caseworked will do, But can we say that caseworked may check or may not check my tax history and I still stand a chance ? like its obvious that if someone has CCJ or court judgment so its for sure that they cannot apply for ILR.

[jibri]

I was silly that I made mistake, Now I can only pray that CW don't look into it. Since I am applying on 10 years basis and on Tier 2 employment . Hope that CW don't check my tax history in great details.