ILR LR Refused - tax on income from abroad

[maria12345]

please some1 respond to me as well thanks
HI GUYS,
I GOT MY VISA REFUSED FOR 10 YEARS LONG RESIDENCE YESTERDAY
I WAS STUDENT CAME IN 2006 THEN WENT TO PSW THEN TIER 1 THEN TIER 1 EXTENTION TILL 2016
I DID MBA FROM HERE DID MY LITUK,

THEY REFUSED IT BECAUSE WHEN I GOT THE TIER 1 VISA IN 2010 I DIDNT DECLARE MY INCOME TO HMRC WHICH I EARNED IN ABROAD AND TRANSFERED IN TO UK (THOUGH I GOT THAT INCOME AFTER TAX) THEY ENQUIRED ABOUT IT IN 2010 AS WELL AND NEEDED EXTRA DOCUTMENTS FROM ACCOUNTANT (CA) STATING THAT ALL THAT INCOME IS GENUINE WITH OTHER DOCUMENTS SUCH AS BANK STATMENTS AND OTHER LETTERS OF CONTRACT WHICH I GAVE THEM AT THAT TIME AND I GOT THE VISA. I WONDER Y I HAVE TO PAY TAX OR LET HMRC KNOW ABOUT THE INCOME I DIDNT EVEN EARN IN THE UK AND PAID TAX ABROAD WHY DO THEY NEED DOUBLE TAX ON THAT,
2ND POINT HMRC HASNT GOT ANY RECORD OF ONE OF MY EMPLOYMENT ABOUT 20K WHEN I GOT THE EXTENTION, I HAD PAYSLIPS FOR THAT EMPLOYMENT, WHICH I JUST NOTICED TODAY THE NINO ON PAYSLIPS WERE WRONG AND IM CONTACTING MY EX EMPLOYER CANT GET HOLD OF HIM TILL NOW , THEY GAVE ME FULL RIGHT OF APPEAL AND NEED TO GET BACK TO THEM WITH IN 14 DAYS
DOCUTMENTS GIVEN TO THEM PAYSLIPS 6 MONTHS
BANK STATMENTS
MY DEGREE
LITUK TEST
P60 CURRENT YEAR (2014/15)
maria12345
Newly Registered

Posts: 1
Joined: Fri Dec 25, 2015 12:21 pm

[CR001]

Please don't shout (click), it is also shout (click)]difficult to read capital letters writing.

[muraxza]

As you said you worked for the overseas company but they were paying you in UK bank account this means you must have to declare this income to HMRC so did you do that? If not then I must afraid to say you in mess..

[Rizcon]

please some1 respond to me as well thanks
HI GUYS,
I GOT MY VISA REFUSED FOR 10 YEARS LONG RESIDENCE YESTERDAY
I WAS STUDENT CAME IN 2006 THEN WENT TO PSW THEN TIER 1 THEN TIER 1 EXTENTION TILL 2016
I DID MBA FROM HERE DID MY LITUK,

THEY REFUSED IT BECAUSE WHEN I GOT THE TIER 1 VISA IN 2010 I DIDNT DECLARE MY INCOME TO HMRC WHICH I EARNED IN ABROAD AND TRANSFERED IN TO UK (THOUGH I GOT THAT INCOME AFTER TAX) THEY ENQUIRED ABOUT IT IN 2010 AS WELL AND NEEDED EXTRA DOCUTMENTS FROM ACCOUNTANT (CA) STATING THAT ALL THAT INCOME IS GENUINE WITH OTHER DOCUMENTS SUCH AS BANK STATMENTS AND OTHER LETTERS OF CONTRACT WHICH I GAVE THEM AT THAT TIME AND I GOT THE VISA. I WONDER Y I HAVE TO PAY TAX OR LET HMRC KNOW ABOUT THE INCOME I DIDNT EVEN EARN IN THE UK AND PAID TAX ABROAD WHY DO THEY NEED DOUBLE TAX ON THAT,
2ND POINT HMRC HASNT GOT ANY RECORD OF ONE OF MY EMPLOYMENT ABOUT 20K WHEN I GOT THE EXTENTION, I HAD PAYSLIPS FOR THAT EMPLOYMENT, WHICH I JUST NOTICED TODAY THE NINO ON PAYSLIPS WERE WRONG AND IM CONTACTING MY EX EMPLOYER CANT GET HOLD OF HIM TILL NOW , THEY GAVE ME FULL RIGHT OF APPEAL AND NEED TO GET BACK TO THEM WITH IN 14 DAYS
DOCUTMENTS GIVEN TO THEM PAYSLIPS 6 MONTHS
BANK STATMENTS
MY DEGREE
LITUK TEST
P60 CURRENT YEAR (2014/15)
maria12345
Newly Registered

Posts: 1
Joined: Fri Dec 25, 2015 12:21 pm

Hi
Sorry to hear about the refusal.According to your post it's difficult to understand about your overseas income. Could you please tell us how you earned that and how you were getting paid?
Also, the £20 K income which your employer didn't pay any tax was also mentioned in your refusal letter?


In order to provide you some help, please answer the following:

(1) When your Tier-1 visa is getting expired?
(2) Did HO curtail your T1 visa?
(3) What was the nature of your overseas work/income?
(4) How you were getting paid?

[maria12345]

I earned 26000 abroad and that money is paid after tax from the parternership I had with the company in pakistan I have been paid the profit in 3 installments , they questioned me first time as well as required CHarteted Accontant confirmaion of that income which I provided then I got the visa 1st time , and it's not in Hmrc record as I earned that money in pakistan but transferred to uk via bac all bank transfer reciepts they asked me as well which I provided with the bank statements proof , and my NINo is been put wrong on the payslips which I just noticed which means that 20k uk earning gone to some1 else or never been paid I never know what's the real fact until I get this corrected by paying Hmrc in instalment to show goodwill gesture

[maria12345]

I had a consultancy office back home , got your contract with another company in pakistan who provided us customers and I used to do screening from uk and correspondent with uk colleges as an agent , and get my commission all profits been paid in 3 installments after tax which was deducted by that company and accountant needed to prove that money is legal , they haven't curtailed my current visa it's still valid till 31-03-2016 ,

[physicskate]

I had a consultancy office back home , got your contract with another company in pakistan who provided us customers and I used to do screening from uk and correspondent with uk colleges as an agent , and get my commission all profits been paid in 3 installments after tax which was deducted by that company and accountant needed to prove that money is legal , they haven't curtailed my current visa it's still valid till 31-03-2016 ,

If you were doing the work from the UK while you were legally allowed to do so (meeting your visa conditions at the time), you should have paid UK tax!

[maria12345]

I had a consultancy office back home , got your contract with another company in pakistan who provided us customers and I used to do screening from uk and correspondent with uk colleges as an agent , and get my commission all profits been paid in 3 installments after tax which was deducted by that company and accountant needed to prove that money is legal , they haven't curtailed my current visa it's still valid till 31-03-2016 ,

If you were doing the work from the UK while you were legally allowed to do so (meeting your visa conditions at the time), you should have paid UK tax!

But I already get paid after deducting the tax from abroad as it was earned in abroad is it not going to be double taxed ??? My understanding is u pay tax where u earn the money ? And that's how it should be ( the requirement for the visa was earning 35k either uk or abroad ) if I'm wrong at this kindly advise please thank you

[geriatrix]

You are resident in the UK. No matter where on planet Earth you earn your income from, the income is generally taxable in the UK.
If you have paid income tax in the country you earned the income in and that country has a a double taxation agreement with UK, you can claim foreign tax credit relief. Else, you have to pay income tax in both the countries.

See Tax on foreign income

Even if you claim "non-domicile" status in the UK, you must declare overseas income of >£2K and if you have remitted any foreign income to the UK then you are liable for UK tax on remittance basis.

[haqhash]

Hi ,
I am sorry to hear that. I donot think that there is a requirement to provide payslips and bank statements for LR applications.

When your current leave expires?

[maria12345]

Hi ,
I am sorry to hear that. I donot think that there is a requirement to provide payslips and bank statements for LR applications.

When your current leave expires?

There is no such requirement for 10 years ilr round just life in the uk test English language and 10 years stay with no more that 180 days outside uk in one years and 560 odd days in 10 years and no conviction of crime etc , but they are checking the if the income is declared to Hmrc or not ? In other means they are looking for the tax . My leave expires 31-03-2016

[muraxza]

The rule is simple if your money comes in UK bank account then you should hav t declare this to hmrc. Are you registered with hmrc as a self employed? If yes then which year did you get registered with them?

[haqhash]

In this case i think you need to amend you tax returns for 2010 and for extension year 2013.

As HMRC is taking quite a long time to amend the tax returns so you may need to reapply and attach your amended returns with the application as you donot have enough time.

Like others i would say to pay outstanding tax before you go for next application

[maria12345]

The rule is simple if your money comes in UK bank account then you should hav t declare this to hmrc. Are you registered with hmrc as a self employed? If yes then which year did you get registered with them?

thanks for the reply yes i was registered as self employed in 2010-2011 and did submit my self assessment of 9000 pounds which i earned in the uk, its the same year i was non executive director of a company in pakistan
in my refusal they said i was director of the company which isnt right none of the document said i was director ,, whats the way out do u mean i request my self assesment of that year to be amended ?
what about my 2nd query where my employer hasnt paid nothing and hmrc has no record of it? may be because of wrong NINO ?

[maria12345]

In this case i think you need to amend you tax returns for 2010 and for extension year 2013.

As HMRC is taking quite a long time to amend the tax returns so you may need to reapply and attach your amended returns with the application as you donot have enough time.

Like others i would say to pay outstanding tax before you go for next application

1st thing is i need to appeal against the decision within 14 days, if i request hmrc to ammend my tax for that year and even of 2013 where my employer didnt inform hmrc about my salary, and make and installement set up a direct debit? would that be good enough to get this application sorted? or 8to10k payment to hmrc to get it out of the way as i am too stressed with everything, or any solictor can help me any recomendation?

[muraxza]

Amend your 10/11 returns asap which is possible to do that

Regarding 12/13 does your ex employer still exist? If yes yhen explain whole situation this to hmrc that your ni was paid on wrong ni and see what they says if they don't co-operate then ask if you can pay by yourself?

When you're visa is expiring?

[maria12345]

Amend your 10/11 returns asap which is possible to do that

Regarding 12/13 does your ex employer still exist? If yes yhen explain whole situation this to hmrc that your ni was paid on wrong ni and see what they says if they don't co-operate then ask if you can pay by yourself?

When you're visa is expiring?

thanks for the advice Blocked Username ,

yes they still exist i think but on company house website says Incorporated on
9 July 2013 does it mean its the same company or different one? the company website is still active it looks they are still working with different management god knows,as no one responding to my emails and calls and texts.
shouldnt i have both answers ready when i go for an appeal and get it sorted or try it with some documentation and shall i pay with installments of that 26000 tax(10/11) + 20k (2012-13)
to have a goodwill gesture? is there any solicitor available who can sort this out for me ?

[muraxza]

Did they gave you p60 or p45 when you left?

If your visa still left then sort this matter and go with fresh application, however if you don't then appeal is an only option

There are couple of lawyers but even they won't be useful much until your tax matters get sorted..

[maria12345]

Did they gave you p60 or p45 when you left?

If your visa still left then sort this matter and go with fresh application, however if you don't then appeal is an only option

There are couple of lawyers but even they won't be useful much until your tax matters get sorted..

no they didnt give me any p45 and p60 after visa when i came back from holidays i got another better job not heard of them as i resigned, i would sort out my both year tax on monday with HMRC get them to update on their system ideally pay them installment as its about 8000 altogehter set up a direct debit i hope they ll agree on that and fight a case by myself or shall i get a lawyer still? or will it become stright forward case ? at the moment im paying 700 a month tax from my employment from 8 odd month and due a tax rebate on my current financial year, i have a daughter born here and wife is a tax payer in uk as well ?

[muraxza]

Yeah sort the case but not sure if you would get any favourable outcome from appeal but after sorting tax issue you may have giod chance to get ilr on fresh application

[maria12345]

THANK YOU VERY MUCH Blocked Username I HAVE CONTACTED HMRC AND IN PROCESS OF SORTING OUT MY TAX ISSUE, WOULD YOU SUGGEST TO GO FOR AN APPEAL OR ACCEPT HO DECISION AND APPLY IN 2 ODD MONTHS WHEN THE METTER GETS SORTED, OR SHALL I APPEAL NOW , WITH THE DEFENSE OF MY CLAIM WAS RIGHT? AND WITHDRAW THE APPEAL WHEN MY TAX MATTER SORTED AND APPLY FRESH

[vinny]

Please don't shout (click), it is also shout (click)]difficult to read capital letters writing.