10 Years Long Route and self employment

[jibri]

Can anyone share there experience or any thread where person applied for ILR on 10 years basis and refused on the basis of tax issue. I know there are cases where applicant had unpaid tax and they had Tier 1 previously. My tax issue is different its about some self employment work during few initial months of my Tier 2 and I am going to apply for ILR on ten year basis next year.I don't have any unpaid tax issue.

[geriatrix]

Why can't you search for the experience shared already or for such a thread yourself?

[jibri]

Dear sushdmehta, I tried to look but can't really find similler to my situation. mostly even all of the threads are about tax issues which are for underpaid or discrepencies between HMRC and HO submission by Tier 1 holders.

[jibri]

Hi,
I came up with one solution regarding my above tax matters. Please let me know if this will work.

During my self-employment from April 13 to Aug 13, I had loss which I set off against employment income which reduced my employment income hence figure will appear on SA302. If I send amendment tax return and don't claim loss against employment income. It will not show on SA302 as loss doesn't appear on calculation and my employment income will be remain same.

Please advice.

[geriatrix]

I hope you realize and appreciate that this is an immigration forum, not a tax forum. For queries about tax issues and how best to resolve them, search for a tax forum.

In your case, the issue is more about "being self-employed when the immigration rules did not allow you to", rather than "outstanding tax liability".

[jibri]

Hi sushdmehta,

I really appreciate your reply and time you are giving to this forum helping a lot of people. BUT in my case to be honest I don't see much help from you. I am aware of my problem and I came to this forum to find solution/ experience of someone who faced similar to my situation. I am in immigration forum because my case is related to immigration. I don't need to visit the tax forum as I have not made any mistake regarding tax. Seems like people who were involve in deception submitting less figure to HMRC for there Tier 1 visa have solution to resolve it but I don't.

Now my questions stand as it is. If someone look at my SA302 they will not see the self-employed income as there is none. If UKBA has same kind of access they will not able to see my self-employment record.

[geriatrix]

As I feared, you are missing the point!

HO may not need any document from you (SA302) to figure out whether you were self-employed or not a given point in time, or whether there was an income / loss during that time. If HO has access to HMRC databases, they may be able to clearly see when the self-employment started and when it ceased!

HMRC requires a self-employed person to notify them about the date when self-employment ceased, along with the NI number and UTR, which is held on a person's record!! The question is whether HO has ready access to such information or not. If HO can access an applicant's tax records from previous years, I suspect that they may be able to see this information (when self-employment started and ended) too!

[jibri]

Yes that's right sir, and that' I am wondering what kind of access HO have? I was thinking may be experts have idea about what they can access? I was just wondering if HMRC has limited access and data available to them is like what appears on SA302 they it's worth giving a try? if HO has same records as HMRC they how students who applying for ILR on ten basis getting away, who worked more then they allowed . we know there are many out there.

[geriatrix]

Good to know that you now realize that you producing an SA302 is not the only way that HO may need to be aware that you worked illegally (even though for a short duration).

It depends on the extent of access HO has about information held by HMRC about people registered with them. I don't think anyone on the forum or elsewhere can provide you with that sort of information ...