ILR Refused

[shib123]

Hi Zullu,

My case is,

My ILR was refused 3 days back. I was unaware that the SA was not filed by my previous accountant from 2011. I was in a combination of permanent and contract jobs. When I applied, they verified with HMRC, last 5 years SA, so they couldn't find any thing related to my Self Employed earnings. Now only I have applied for UTR, which may take some time to file the returns and to make payments. But if I could complete the SA return before going for ILR, will the review be success?

I have visa validity until 2018, but my dependents visa gets expires on March. So I have only very limited time. If I reapply after clearing the tax, will the previous missing self assessments could affect ILR again?

shib

[PSCILR]

The people who had problems with SA and they resubmit it got the visa. There are cases on this forum.

So you didnt fill any SA for last 5 years at all? Which PEO did you go to.

[shib123]

My SA was not at all filed for last 5 years and I was not having a UTR number. It is my accountant fault for not reminding / registering me and also my fault for not familiar with how the UK tax system works. Out of the 5 years, 2013-14 the company was dormant account and 2014-15 filing deadline not yet crossed.

My question is, if I could submit the returns, what procedures I need to follow or what documents required for resubmitting?

1. Self Explanation giving why it was delayed?
2. SA302 downloaded online ( how long this will take to get this sorted once filed )?
3. Clearing the SA fines after filing SA and the evidence for this.
4. Letter from the accountant.

Regards,

shib

[shib123]

Also will there be a chance for winning the review as there are some fault happened? Or this could be just a time loosing review to test my luck?

[zullu41]

Also will there be a chance for winning the review as there are some fault happened? Or this could be just a time loosing review to test my luck?

Hi,

I have also learned this the hard way. I was told that as a director of limited company all i need is CT filed and paid and company accounts ( which also have dividends declared ) but obviously this is not the case (or atleast now a days ). The CW only checks self assessments returns and matches your previously claimed salary + dividends to reach a decision.
In my opinion the appeal is a waste of time as the SAs are missing. Once you get the UTR you should get them filed online. I think you can file upto 4 years old SAs online and the HMRC system should be updated in 2 weeks ( you can call them to confirm this ). For anything earlier the only option is paper return. But MAKE SURE that you file them with correct figures as any subsequent amendments cannot be done online ( for returns older then 12 months ).
Once you have the SA302s then you can file a fresh application. This is what i am doing.
In the cover letter you can explain what happened and blame the accountant with as much evidence as possible and hope for the best.
Also for limited company scenario the best place to go is croydon as they have experienced CWs.
Otherwise another good option is postal application as i have been advised that they ask for documentation or clarification if they need it.
Good luck.

[Casa]

You are legally responsible for your tax declarations....not your accountant. Claiming it was the accountant's error will get you nowhere. I suggest you Google a tax forum for advice, as members appear to be simply guessing or hoping for the best outcome when posting. We don't have tax specialists on the forum, which is for immigration issues only.
Note:
Ignorantia juris non excusat or ignorantia legis neminem excusat (Latin for "ignorance of the law excuses not" and "ignorance of law excuses no one" respectively) is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely because he or she was unaware of ...

[shib123]

Hi Zullu,

In my refusal letter, they have mentioned,

"the biometric residence permit (BRP) your submitted with your application has been retained and destroyed as it is no longer vaild" is that a copy paste error? I was returned back my BRP and Passport. Does any body got some thing like this?

[argus7]

Tax and immigration are two different things, As a responsible person, who have to pay your taxes on time and not blame your accountant.

When you are registered as a Self Employed person and register your company all guidelines must be followed.
I have been saying this time and again, before applying for ILR pay taxes and keep records clean!!!!!!!!

Even though ILR be granted your Naturalization App will be refused straight away, as this info will be flagged up on the records!

[Casa]

Tax and immigration are two different things, As a responsible person, who have to pay your taxes on time and not blame your accountant.

When you are registered as a Self Employed person and register your company all guidelines must be followed.
I have been saying this time and again, before applying for ILR pay taxes and keep records clean!!!!!!!!

Even though ILR be granted your Naturalization App will be refused straight away, as this info will be flagged up on the records!

+1 @argus7 Well said

[shib123]

Yes Argus, this is a serious error, not to submit SA. End of the day it is our own fault. But needs to get rid of this situation any how. Still ready to pay the fine and all.

[argus7]

its not about SA320 or a P800 or a P60, If you earn £XX,XXX and show the same earnings to Home office, They expect you to pay taxes on the same. Its not rocket science.

[adamsmith]

Tax and immigration are two different things, As a responsible person, who have to pay your taxes on time and not blame your accountant.

When you are registered as a Self Employed person and register your company all guidelines must be followed.
I have been saying this time and again, before applying for ILR pay taxes and keep records clean!!!!!!!!

Even though ILR be granted your Naturalization App will be refused straight away, as this info will be flagged up on the records!

Hi argus7,
I understand it's our duty as a responsible citizen to file tax correctly on time. But why do we accountant for?We employed accountant because we don't understand tax matter, therefore, hoping that they will advise us correctly. But there are many accountant who will take your money and do nothing. my personal experience is very bad as i had to push my accountant every time to submit tax return, even so he made so many mistakes. because of his stupid mistakes i am now suffering a lot. I have same problem as the gentlemen above. Tell me this, why accounting is one of the highly regulated profession?

[noajthan]

Hi argus7,
I understand it's our duty as a responsible citizen to file tax correctly on time. But why do we accountant for?We employed accountant because we don't understand tax matter, therefore, hoping that they will advise us correctly. But there are many accountant who will take your money and do nothing. my personal experience is very bad as i had to push my accountant every time to submit tax return, even so he made so many mistakes. because of his stupid mistakes i am now suffering a lot. I have same problem as the gentlemen above. Tell me this, why accounting is one of the highly regulated profession?

A visa (or naturalisation) applicant is still responsible for the quality & veracity of her/his application.

If an applicant can't find an advisor to explain what they are completing & signing for then they should clearly find & hire another advisor before falling into these completely foreseeable and predictable traps.

[shib123]

Yes, Adamsmith, you are right. I too needed to push my accountant do the things on time. They eats money and don't do things properly.

[argus7]

well, then find a good competent accountant.

didnt your accountant mention key dates in a tax year, its all well documented on HMRC's website . Responsibilities as a tax payer. ( SE) and sole trader.

[kirankhalil75]

Well, i spoke to one of the accountant, he confirmed me that its not a mandatory to file SA for a person who is getting dividend from a Ltd company, as far as you are paying your corporation tax

and by

Postby sushdmehta » Sun Jan 10, 2016 6:08 am
Immigration rules wrote:
Under Part 6A of these Rules, “Self-Employed” means an applicant is registered as self-employed with HM Revenue & Customs, or is employed by a company of which the applicant is a controlling shareholder.


its very confusing ..........

[zullu41]

Hi,

In my case i have paid all the taxes in the previous 5 years. Its just that two previous SAs were not filed. When they were filed there was no additional tax due as corporation tax had already been paid ,the tax on salary was already paid , the dividends were within the limit ( i.e. total income= salary + dividend was within the basic tax threshold). So it was basically an administrative error ( but ofcorse now i know that as per the law Limited Company director should file the SA even if there is no tax due ).

So basically it was a combination of me not knowing the SA importance , accountant mistake as he takes care of my tax return filing.

But applying deception in this case is very harsh. They have the right to refuse it but charging me with deception is very harsh.
I will try to explain in the re application that it was an honest mistake and accountant mistake as well ( which he has admitted in my case ). Otherwise JR is the only option.

only if i had the right of appeal .......................... alas

[adamsmith]

Hi,
Could you please answer my following questions? I think I am in trouble as well.

Do I have to send self assessment even if I don't claim any income from the company as dividend? My accountant has been filling corporation tax return every year. He never told me that we have to submit self assessment. I am a company director but I show them (HO) salaried income not dividend income. I sent them my payslip along with bank statement. I was a payee under this company. A prompt reply is much appreciated.
thanks in advance...

[MeetBeta]

Hi Zullu41,

You have mentioned that you have got SA302 after the self assessment returns submission to appeal again.

But if I have to submit paper retunrs for 2010-11, what will be the evidence to show it to the Home office? I have only got less than 15 days to apply for ILR.

Thank you in advance

[adamsmith]

well, then find a good competent accountant.

didnt your accountant mention key dates in a tax year, its all well documented on HMRC's website . Responsibilities as a tax payer. ( SE) and sole trader.

Hi Argus7,
But the damage is done! I know HO will blame us for everything. But there are different stories to tell. I believe every individual case is different. In my case, I know very well what happened. Let us not judge others.

[zullu41]

Hi,

Just to update i got my ILR approved today in re application.

From my experience below are key points:

(1) Sort out your missing/incorrect SA returns. Get the SA302s from HMRC
(2) Hire a good solicitor/immigration adviser ( very hard to find )
(3)Get a good reason with solid proof for the earlier mistake i.e. why the SA were not correct before ( In my case my accountant gave a letter accepting his mistake for not filing my 2 previous SA returns / i moved to a new accountant and got letter from him that all my tax matters are in order and up to date / filed a complaint against the old accountant to ICAEW/ACCA and attached it with the case )
(4) prepare a good cover letter (solicitor job)

After this go for re apply.

[Ashkaushik]

Hi

Zullu 41 - can you please suggest a good lawyer as I am in a same position. SET(LR) was refused due to tax discrepancies with HMRC. What should I do?

Please help.

[CR001]

Hi

Zullu 41 - can you please suggest a good lawyer as I am in a same position. SET(LR) was refused due to tax discrepancies with HMRC. What should I do?

Please help.

Members are not permitted to post names, company names or contact details of solicitors.

I would suggest you start your own topic with your full details rather than digging up a topic that is 1.5 years old.