Self employed ILR query

[ssa007]

Hi people,

I will be applying for ILR in person (premium appointment) on 14th Jan 2016.

Basically I was in full time employment as well as self employed for the last 5 years.

I have requested for both 'Employment History' and 'SA302' from HMRC from 2010 - 2015. They said it is not available for 2016 yet ?

However my query is,

Just today i received the SA302 from HRMC, I had requested this on the 3rd Dec 2015.. my question is should this document date be within 1 month of my application? will i have to request another copy from them ?

I requested this early considering the christmas and new year period and possible delays in post.

Please help.

Thanks

[ssa007]

Dear all,

Please I would like your kind output on my query below. My ILR application is due in Jan 2016. Basically I switched 3 jobs in 2013 - 2014

1st Job ended on 31 Oct 2013

2nd Job Started on 4 Nov 2013

2nd Job Ended on 13 Mar 2014

Started my 3rd Job on 24 Mar 2014 - Till present (And because I changed jobs in March my current employer did not issue me a P60)


Firstly, there is a gap of about 11 days between 2nd and 3rd job,

- should I mention this in my ILR application?


- Secondly,in My SA302 document which I received today (10 Dec).

My accountant has filed my full time employment earning considering only P45 from my 2nd job (from Nov13 - Mar14) + my self employed earnings for 2013 - 2014.

ie £14000 + £3000 = £17000/-

Therefore in the SA302 my total earnings for 2013 - 2014 is showing up as £17000/-, where are it should have been

Income from 1st job + Income from 2nd job + self employed income.

ie. 15000 + 14000 + 3000 = £32000/-

Although 2013- 2014 is not going to be my qualifying year for ILR (it is 2014-2015). Will I have to update the Self assessment earnings for 2013-2014 to reflect the correct income?

Would 'employment history letter' for last 5 years fulfill the above ?

Kindly advice. Many thanks

[CR001]

You should update your self assessment (SA302) before applying for ILR. Your income declared to HO and HMRC must match. You will see many refusals and delays for ILR due to this issue.

[geriatrix]

And, please keep your queries about your ILR application in a single topic.

[ssa007]

Hi thanks for your response,

I will ask my accountant to update the self assessment and resubmit,

any idea how long after submission it will take to reflect on the SA302? Also is it ok if the date is not within one month of my ILR application?

@SDM - I will keep it all under one post...thank you.

[ssa007]

You should update your self assessment (SA302) before applying for ILR. Your income declared to HO and HMRC must match. You will see many refusals and delays for ILR due to this issue.

apologies for duplicate post.

CR001 thanks for your response,

I will ask my accountant to update the self assessment and resubmit,

any idea how long after submission it will take to reflect on the SA302? Also is it ok if the SA302 request date is not within one month of my ILR application?

[immi_help]

I don't think it is needed. As its not in your qualifying period and also you had not declared that as a income to UKBA, that's not a problem. You should however ensure that the earnings showed to UKBA should have been showed as earning to HMRC and tax paid for it.

[ssa007]

I don't think it is needed. As its not in your qualifying period and also you had not declared that as a income to UKBA, that's not a problem. You should however ensure that the earnings showed to UKBA should have been showed as earning to HMRC and tax paid for it.

Thanks for your response, I have corrected this with my accountant and they have amended the earnings for 2013-2014.

Any idea how long it will take to get updated on the SA302?

Also can you please let me know if any Tax related documents ie SA302 , Employment history, need to be withing one month of ILR application date?

Many thanks,

[guaravd]

I don't think it is needed. As its not in your qualifying period and also you had not declared that as a income to UKBA, that's not a problem. You should however ensure that the earnings showed to UKBA should have been showed as earning to HMRC and tax paid for it.

Thanks for your response, I have corrected this with my accountant and they have amended the earnings for 2013-2014.

Any idea how long it will take to get updated on the SA302?

Also can you please let me know if any Tax related documents ie SA302 , Employment history, need to be withing one month of ILR application date?

Many thanks,

It completely depends how busy hmrc is during that period. There are cases where amendment has taken anywhere between 1-5 months so its hard to say.

It's not necessary for the stated documents to be within 1month.

[ssa007]

Hi many thanks for your answer.

My ILR appointment is on 14th Jan which is a little more than a month away. In case SA302 has not been updated. what else can I show as proof of earning/amendment for the year 2013-2014 ?

Would a letter for the accountant stating the correction has been made and submitted to the HMRC suffice?

[immig000]

Seems I may also be in the same situation. Experienced Mods please reply if SA302 is not amended in time, what other documents can be shown to prove that the amendment has been put and the tax has been paid?

[moonstar9823]

You should update your self assessment (SA302) before applying for ILR. Your income declared to HO and HMRC must match. You will see many refusals and delays for ILR due to this issue.

Dear CR001
I am in a similar situation as my income on SA302 for year 2010-11 is diferent to what i declared to home office while getting tier 1 for first time. i am applying for ilr on long residence basis and there is no requirement to submit employement or work history for last 5 years under ilr long residence basis? do i still need to ammend my tax record? and submit work history with my application?

even if i ammend my income will still be different to what i declared to home office on my last application. my income period for tier 1 application was January 10 to December 10 but tax period is April 10 to march 11. 3 months belong to different tax years hence numbers r different. you can not compare apple with bananas.

Now as you said figures SHOULD match, how can these figures match if income periods are different for both departments.

please advise and help me what to do.?

many thanks

[bluecandi]

You will have to amend two tax returns .

Yes figures have to be equal or more.

[moonstar9823]

Yes figures have to be equal or more.

Hi Bluecandi,

Is your above reply is for my post ?? if it is than it seems they are wrong and if they refuse on basis of both figures not matching than case can be won easily in appeal.

[bluecandi]

Is could be won if you willing to go long process of appeals.

[ssa007]

Hi bluecandi,

Can you please help us with this query as well .

"In case SA302 has not been updated. what else can I show as proof of earning/amendment for the year 2013-2014 ? 

Would a letter for the accountant stating the correction has been made and submitted to the HMRC suffice?"

Many thanks

[bluecandi]

Well the mutual consensus after having a chat with few accountants and experts is

If you going for PEO appointment

Take the accountant letter with explanation/summary of tax figures of each year, hmrc confirmation letter that amendments received.

*** DONT include these documents in file, only produce them if asked ***


If you sending application by post

Then send all the same above documents with it.


My documents are with some compliance team because a lazy tax inspector was not bothered to deal it himself. Well at least thats the final destination.

[ssa007]

Many thanks for your help Bluecandi,

As you mentioned that the earnings should match with HO and HMRC, I have a quick question in this regard.

For example in my case, My total earning are Self employed Income + Full time employment income. I have applied for Initial Tier 1 , Tier 1 Extension and now ILR (jan 2016) )in January.

But tax years runs from Apr- March every year, Now if I have showed my income from self employment as 10000 GBP (profits) while applying for Tier 1 (or extension) in January, and have some expenses incurred between Jan - March after successful Tier 1 application (or extension), the tax document ie SA302 would show profits as say 7000GBP for which I have paid the tax. Now the profit declared in the application to HO and tax paid on profit to HMRC is different ...but total income is the same ie.GBP 12000. Would this change in profit figures matter while applying for ILR?

Hope I am clear in my question.

Many thanks

[bluecandi]

Many thanks for your help Bluecandi,

As you mentioned that the earnings should match with HO and HMRC, I have a quick question in this regard.

For example in my case, My total earning are Self employed Income + Full time employment income. I have applied for Initial Tier 1 , Tier 1 Extension and now ILR (jan 2016) )in January.

But tax years runs from Apr- March every year, Now if I have showed my income from self employment as 10000 GBP (profits) while applying for Tier 1 (or extension) in January, and have some expenses incurred between Jan - March after successful Tier 1 application (or extension), the tax document ie SA302 would show profits as say 7000GBP for which I have paid the tax. Now the profit declared in the application to HO and tax paid on profit to HMRC is different ...but total income is the same ie.GBP 12000. Would this change in profit figures matter while applying for ILR?

Hope I am clear in my question.

Many thanks

Rule of ILR :: Whatever showed to UKBA put exactly the same to HMRC or more.

The bunch sitting behind the glass in UKBA follow step by step process rather using their brain ... So if you going for PEO appointment who will bother to use his energy to explain them all this. arrgghh

[ssa007]

Thanks bluecandi,

Not sure how I am going to explain this to them, but I am hoping it goes through smoothly. Do you reckon going through a solicitor would be ideal in dealing with such case?

For my ILR , I am only showing my full time income from Jan 15- Dec 15, I have no self employed income this year.

[bluecandi]

Well Solicitor for sure is good idea if case is bit complex, so UKBA wont send you back or hold your application without giving a fair explanation.

I sent you PM check out.

[immig000]

Well Solicitor for sure is good idea if case is bit complex, so UKBA wont send you back or hold your application without giving a fair explanation.

I sent you PM check out.

Hi Bluecandi, if the PM is about solictor's details, can you please send it to me as well?

[ssa007]

Hi Guys,

I have a question.

I have amended and sent my tax returns and HMRC have confirmed receipt of documents.

Now at my PEO appointment in Jan 16... (if SA amendments are still in process and not completed) ... In case of refusal, will I be able to appeal to HO to grant me leave to remain until HMRC updates the amendments on their system ?

experts kindly provide your valuable advice. Thanks

[geriatrix]

1. You may appeal only if you are given the right to appeal.
2. Leave is granted only if you meet the immigration requirements specified for the immigration category you have applied for, and not because the applicant has realised that tax avoidance / evasion issues committed in the past now affects his/her ability to remain in the UK and needs time to rectify such matters.

[usernew123]

Hi SSA007,

Are you planning to go with solicitor? Please could you share with us i am in similar situation.