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Self employment query

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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anoops1984
Member
Posts: 129
Joined: Tue Apr 01, 2014 1:59 pm
United Kingdom

Self employment query

Post by anoops1984 » Thu Dec 10, 2015 4:35 pm

Hi All,

I am currently on Tier 2 and will be eligible for ILR on 1st August 2016. I have question about my previous visa and self employment.

Following are my visa details
1. Student visa (September 2007 - Januray 2008)
2. PSW (January 2008 - February 2010 )
3. I applied for Tier 1 General in January 2010 and got rejected and the reason HO gave me was they couldn't verify all my earnings from self employment I did for few months to make up the points criteria.

I went back to India and applied for Tier 2 after 6 months and came back here in September 2011. Because my visa got rejected, I didn't pay any tax at for self employment during that period.I have notified HMRC that I stopped self employment in February 2010. I have checked my HRMC login and no pending tax to pay or self assesment to do. I am bit worried about it as I am going ILR through Tier 2 route, will there be any problem?

Anyone had similar experience?

I was thinking to apply with 2 dependents, if it is risky I would probably consider applying just for me.

Gurus and other forum members, please shed some light on my case.

Thanks.

honey2008
Member
Posts: 152
Joined: Fri Aug 29, 2014 7:36 pm
United Kingdom

Re: Self employment query

Post by honey2008 » Thu Dec 10, 2015 11:09 pm

If you were self employed , self assessment was must.

My advice to you is to write a letter to HMRC asking for any pending dues.

If there is anything due pay it and keep the record of payment as proof.

If nothing is to be paid, keep the reply of HMRC for your records .

Immigration checks you record till naturalisation/passport so keep everything in order and if required take help for good Accountant

Rizcon
Member
Posts: 104
Joined: Wed Jan 21, 2015 6:06 pm

Re: Self employment query

Post by Rizcon » Thu Dec 10, 2015 11:57 pm

anoops1984 wrote:Hi All,

I am currently on Tier 2 and will be eligible for ILR on 1st August 2016. I have question about my previous visa and self employment.

Following are my visa details
1. Student visa (September 2007 - Januray 2008)
2. PSW (January 2008 - February 2010 )
3. I applied for Tier 1 General in January 2010 and got rejected and the reason HO gave me was they couldn't verify all my earnings from self employment I did for few months to make up the points criteria.

I went back to India and applied for Tier 2 after 6 months and came back here in September 2011. Because my visa got rejected, I didn't pay any tax at for self employment during that period.I have notified HMRC that I stopped self employment in February 2010. I have checked my HRMC login and no pending tax to pay or self assesment to do. I am bit worried about it as I am going ILR through Tier 2 route, will there be any problem?

Anyone had similar experience?

I was thinking to apply with 2 dependents, if it is risky I would probably consider applying just for me.

Gurus and other forum members, please shed some light on my case.

Thanks.
According to your Post, you were supposed to file your tax return for the year 2009/10. Beware,that your application was rejected due to the income reasons on self employment and its almost impossible that HO will not look into it unless you are very lucky.
I would suggest that write a letter to HMRC explaining them the reason and if they allow you to file the tax return for the year 2009/10, then do it as soon as possible or try to sort out this issue as soon as possible with them.
As you mentioned that you were self employed for few months.So, I think that you don't have to pay much tax,but keep in mind that HMRC might put a penalty for not filling the tax and if they do,it could be thousands of pounds by now.
It's worth to consult a good accountant before contacting the HMRC, but sort out the tax issue before applying for ILR.

anoops1984
Member
Posts: 129
Joined: Tue Apr 01, 2014 1:59 pm
United Kingdom

Re: Self employment query

Post by anoops1984 » Fri Dec 11, 2015 9:13 am

Thanks for replies.

I have done self assessment for the year 2009/10 and there was a difference in tax due. So I paid the difference immediately after that. I logged into the self assessment page of HRMC site and its "You have nothing to pay". There was also notice not issued statement in the self assessment page. I will be going through Tier 2 route, bit worried about how this will affect the decision.

anoops1984
Member
Posts: 129
Joined: Tue Apr 01, 2014 1:59 pm
United Kingdom

Re: Self employment query

Post by anoops1984 » Mon Dec 14, 2015 10:46 am

Hi Gurus and other members,

Anyone else have any other views on this case? Do you think HO will check tax history for the years outside the qualification period? Most of the cases I saw in this forum are from Tier 1 and long residence categories.

I have gap of 8-9 months between my Tier 1 G refusal and Tier 2 application.

Thanks in advance.

bluecandi
BANNED
Posts: 88
Joined: Wed Nov 04, 2015 6:44 pm

Re: Self employment query

Post by bluecandi » Mon Dec 14, 2015 11:06 am

File your return they will check all 5 year history. UKBA and HMRC are in money making mood at the moment. We have paid more money to UKBA and HMRC then what we spent on our education. I wish I could have done a MBA from London business school and become a CEO in Middle east.

anoops1984
Member
Posts: 129
Joined: Tue Apr 01, 2014 1:59 pm
United Kingdom

Re: Self employment query

Post by anoops1984 » Mon Dec 14, 2015 11:11 am

Hi bluecandi,

Thanks for the reply. I didn't do any self employment in my qualification period and all the my earnings are from single Tier 2 employment.

Thanks

bluecandi
BANNED
Posts: 88
Joined: Wed Nov 04, 2015 6:44 pm

Re: Self employment query

Post by bluecandi » Mon Dec 14, 2015 11:16 am

anoops1984 wrote:Hi bluecandi,

Thanks for the reply. I didn't do any self employment in my qualification period and all the my earnings are from single Tier 2 employment.

Thanks

Agreed, however your first tier 1 application was on basis of self employment and HO will have all the records and they will check it.

anoops1984
Member
Posts: 129
Joined: Tue Apr 01, 2014 1:59 pm
United Kingdom

Re: Self employment query

Post by anoops1984 » Thu Dec 17, 2015 12:25 pm

Hi All,

Thanks for the replies. Is it possible to submit a self assessment for financial year 2010-11 now and pay taxes even though I haven't claimed any points from self employment during my qualification period?

My qualification period starts September 2011 - September 2016. I had not been in the country for 8 months prior to this period and received a new Tier 2 entry clearance in 2011 from India.

Thanks

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