ILR Refused 322(5). Suggested for Admin review

[zullu41]

Hi krrish_Raj

From what i have understood is that you have a limited company and all your accounts for past years are good i.e corporation tax etc paid. You/Your accountant didn't filed the self assessment returns for any years as no additional tax was due (although the dividends are declared in company accounts ). Because of these missing self assessments/SA302s the application is refused.

You mentioned that refusal received on 6th Nov. Did you filed for admin review ?

I have a very similar issue so will be interested in your case.

[krrish_Raj]

Yes you are right,
Submitted application on Oct-30th. SA returns declared to HMRC
on 8th Nov and got decision letter on Dec 7th. Going to submit admin review this week.

You said you had similar issue. How r u forewarding in this issue. Please let me know as it might be helpful.

[zullu41]

Yes i had 2 missing self assessments which the accountant said were not needed as no TAX was due. I filed them 2 days after the application date but got the refusal. I have filed for admin review last week. Kindly share your email address or number and i will contact you.

[zullu41]

krrish_Raj i got your details and will call you later today.

[krrish_Raj]

@Zullu, Have you got any reply from HO regarding ur AR submission?

[zullu41]

Nothing yet. As per solicitor they have 28 days to decide.
Not sure if these are calendar days or working days.

[krrish_Raj]

That's 28 calendar days. Ok, do u have option to re apply if AR decision isn't in favour?

[kanswam]

Hi Krrish_Raj
Did you have to submit all your past corporate tax paid documents as well? Or is it simply the lack of SA302 documents for the missing years which is the bone of contention?
Best wishes for a successful outcome through the Admin Review.

cheers

[honey2008]

I think it was a mistake of not filling SA which has resulted in refusal.

Corporation Tax payment is company liability and you score income on basis of your individual SA which should have contained dividend income to score/match the requisite income points.

Best of Luck

[krrish_Raj]

Yes, It was the point of not submitting SA302 forms at the time of ILR appliaction submitted.
All the income and dividends are shown in Company tax returns. Every thing is up to date including PAYE,VAT and CT.
There was no tax liability as well even after submitting SA302 forms later after application submitted and before HO made decision.

[manjunathhr]

Yes, It was the point of not submitting SA302 forms at the time of ILR appliaction submitted.
All the income and dividends are shown in Company tax returns. Every thing is up to date including PAYE,VAT and CT.
There was no tax liability as well even after submitting SA302 forms later after application submitted and before HO made decision.

Hi Krrish,

May I know what happened to your ILR, because i am in same boat as like you... please let me know manjunathhratgmaildotcom

[krrish_Raj]

Hi all,

Finally some good news to share with you all. Re applied and got ILR. My case details at the glance below

Initially applied ILR on 31-OCt-2015' Refused on basis of 322 deception clause. Applied for AR and there as well same decision. Finally Re applied today ang got ILR approved. Happy to come out of this baseless allegation imposed by HO when initially applied.

I am happy to help who are sailing in same boat.

Thanks
Krrish.

[jimtoole]

Congratulations!!

Very well done mate and thanks for sharing. A good news after such a long wait. Wish you all the best for life bro.

Kind Regards,

Hi all,

Finally some good news to share with you all. Re applied and got ILR. My case details at the glance below

Initially applied ILR on 31-OCt-2015' Refused on basis of 322 deception clause. Applied for AR and there as well same decision. Finally Re applied today ang got ILR approved. Happy to come out of this baseless allegation imposed by HO when initially applied.

I am happy to help who are sailing in same boat.

Thanks
Krrish.

[jimtoole]

Hi mate can you contact me on xxxxxxx

Hi all,

Finally some good news to share with you all. Re applied and got ILR. My case details at the glance below

Initially applied ILR on 31-OCt-2015' Refused on basis of 322 deception clause. Applied for AR and there as well same decision. Finally Re applied today ang got ILR approved. Happy to come out of this baseless allegation imposed by HO when initially applied.

I am happy to help who are sailing in same boat.

Thanks
Krrish.

Moderator edit: The Board policy is to remove personal email addresses to protect members from spammers who regularly trawl the forum.

[HarryJones]

please which of the PSC offices did you attend?

[ceaser]

Hi all,

Finally some good news to share with you all. Re applied and got ILR. My case details at the glance below

Initially applied ILR on 31-OCt-2015' Refused on basis of 322 deception clause. Applied for AR and there as well same decision. Finally Re applied today ang got ILR approved. Happy to come out of this baseless allegation imposed by HO when initially applied.

I am happy to help who are sailing in same boat.

Thanks
Krrish.

Hi Krish,

Congrats on securing ilr finally after long wait which is giving new hope to members like me.

Could you please tell us have you send any amendments to hmrc before going for visa if yes has it amended in hmrc systems or did you provide any evidence that amendments are in process.


Could you please advise based on your experience, i have tax differences for the year 2010/11 .
i have already sent amendments to hmrc they are in process and they advised it will process by march 2016.
mean time my visa expiring in feb 2nd week.
My question is would it be safer to go for PEO showing that amendments already in process , i have acknowledgement letter from hmrc about tax amendments are in process.

Thank you.

[jimtoole]

Hi Ceasar,
Read Kirssh's case from his first post and follow. His ILR was rejected as SA did not match with his HO declarations. But now as everything matches he got granted.

Are you same Ceasar from my blog refused ilr tax issues. Saw your comment there as well.

All the best bro.

Hi all,

Finally some good news to share with you all. Re applied and got ILR. My case details at the glance below

Initially applied ILR on 31-OCt-2015' Refused on basis of 322 deception clause. Applied for AR and there as well same decision. Finally Re applied today ang got ILR approved. Happy to come out of this baseless allegation imposed by HO when initially applied.

I am happy to help who are sailing in same boat.

Thanks
Krrish.

Hi Krish,

Congrats on securing ilr finally after long wait which is giving new hope to members like me.

Could you please tell us have you send any amendments to hmrc before going for visa if yes has it amended in hmrc systems or did you provide any evidence that amendments are in process.


Could you please advise based on your experience, i have tax differences for the year 2010/11 .
i have already sent amendments to hmrc they are in process and they advised it will process by march 2016.
mean time my visa expiring in feb 2nd week.
My question is would it be safer to go for PEO showing that amendments already in process , i have acknowledgement letter from hmrc about tax amendments are in process.

Thank you.

[shahz123]

Hi Krish,

Congrats bro. I have the same situation , can you please call me on my number mobile number removed by moderator. Need to discuss case.I would be very thankful.
Many Thanks,
regards

Edited by CR001 : personal contact details have been removed for your own safety due to spammers/scammers also visiting this site.

[krrish_Raj]

Hi,

I am not sure, how HO would consider tax amendments applications. My case is not about the TAX amendments. SA's weren't submitted at all for 12/13,13/14,1/15. How ever the amount i declared to HO and the amount i declared to HMRC are matching in Company tax returns that were filed and submitted to Companies house and HMRC on time to time basis. When initially ILR refused, then I have immediately submitted SA's as well for those years and with all those proofs and documents and my accountant suporting letter. I had re applied . Mentioned with detailed explanation in a cover letter..

Luckily this went thru and happy . As long as there's no tax liability post SA submissions, and if the amount is already declared in Company tax returns and if you are 100% share holder operating via limited company,then i am sure your applicaiton will get thru. All the best.

Thanks
Krrish.

[mohit_jain1985]

"

Hi all,

Finally some good news to share with you all. Re applied and got ILR. My case details at the glance below

Initially applied ILR on 31-OCt-2015' Refused on basis of 322 deception clause. Applied for AR and there as well same decision. Finally Re applied today ang got ILR approved. Happy to come out of this baseless allegation imposed by HO when initially applied.

I am happy to help who are sailing in same boat.

Thanks
Krrish."

How long did it take for the admin review results mate.

[krrish_Raj]

AR will take 28 calendar days for sure. But from the past experience and my personal experience, AR is waste of time and money. 0% success rate in Tax related applications. Solicitors might suggest AR, but please assess and think twice before going to AR

[mohit_jain1985]

AR will take 28 calendar days for sure. But from the past experience and my personal experience, AR is waste of time and money. 0% success rate in Tax related applications. Solicitors might suggest AR, but please assess and think twice before going to AR

Thanks, Can i then reapply without AR. I have sorted the issue i had against which my application was refused.

[krish_p]

Hi Krish,

Did HMRC charge you penalty for late SA?

[krrish_Raj]

nope. No penalty was imposed as that was done with in year period limit and no tax liability.

[krish_p]

Thanks mate,

i am on the same boat,

can i contact you to discuss further.

please help