ILR Application Dilemma - PEO or Post ?

[AML2015]

All

I got a call today from HMRC and was informed that they will not be processing my tax returns (filing) for 09-10 and 10-11 since they are outside the 4 year window. They have sent a letter out in the post explaining the same.

I guess they have looked at the returns I sent them and have realized that there is no tax due, so no point processing them.

I am not sure what my next should be ? Any thoughts members ?

[f317633]

I would include the letter from HMRC where they confirmed that your 9-10 and 10-11 returns will not be processed and apply with a detailed covering letter. You must emphasise that there was absolutely no tax due from those years missing SA and still you tried to file it. However HMRC are not William bag to process it as there is no liability in your part. I guess you should be fine. But include the evidences.

[AML2015]

@ f317633

Thanks for your comments.

Yes I plan to include the HMRC letter and a letter from my accountant explaining the situation (and full 5 year income history) along with the covering letter I sent to HMRC with my 09-10 and 10-11 returns on 15 Jan 2016.

Is it a good idea to apply in person at the PEO with all these documents ? Do you think it will give me a chance to explain the situation to the case worker in case if they have any questions ?

Or should I apply by post ?

The only advantage for me to apply by post was to buy some time so that HMRC would process my returns in the background until the HO review my application. But not it seems futile since HMRC have confirmed that they are not going to process them at all.

What do you think ? PEO or Post ?

[f317633]

@ f317633

Thanks for your comments.

Yes I plan to include the HMRC letter and a letter from my accountant explaining the situation (and full 5 year income history) along with the covering letter I sent to HMRC with my 09-10 and 10-11 returns on 15 Jan 2016.

Is it a good idea to apply in person at the PEO with all these documents ? Do you think it will give me a chance to explain the situation to the case worker in case if they have any questions ?

Or should I apply by post ?

The only advantage for me to apply by post was to buy some time so that HMRC would process my returns in the background until the HO review my application. But not it seems futile since HMRC have confirmed that they are not going to process them at all.

What do you think ? PEO or Post ?

I will go to PEO now. It will give an opportunity to explain the situation to caseworker. Write a detailed cover letter. Take all the possible evidence which u can think off. It might happen that they don't question u at all or the cw might ask u the reason for not filling them on time. Just be honest and tell them. All the best. Be confident.

[AML2015]

Thanks mate. I will rebook my PEO appointment and God Willing (ISA) all will go well.

[AML2015]

All

I am getting an appointment for Saturday as well as weekdays.

Do you reckon it would be better to apply on a weekday rather than a Saturday at the PEO? Would it make a difference in case the case worker needs to call a few people to verify the details ? Or am I thinking too much...

[f317633]

All

I am getting an appointment for Saturday as well as weekdays.

Do you reckon it would be better to apply on a weekday rather than a Saturday at the PEO? Would it make a difference in case the case worker needs to call a few people to verify the details ? Or am I thinking too much...

Doesn't matter if it is weekend or weekdays. Book when u r comfortable. Which PEO u r going to?

[AML2015]

Solihull..closest to home..

[f317633]

Solihull..closest to home..

Kool. All the best. Give us the feedback after u finish the appointment.

[ILR_Applicant111]

Hello Everyone

Hope you all are doing well.

I am currently in a dilemma about whether to apply for my ILR (+ Dependent ILR) in person at the PEO or by post, and would be grateful if you could pour in your suggestions based on your experience either first hand or through knowledge via this forum.

Current Situation

PEO appointment booked for 13 Feb 2016 (Solihull) (As a backup)
Tier 1 Visa expiry - 04 March 2016 (same for dependent)
Employment - LTD Company Director (initial + extension + current ILR application)
Initial T1 - March 2011
Extension - Feb 2013

ILR qualifying period - Feb 2011 to Feb 2016 (28 days prior to 04 March 2016)

I have all documents in place for the application, but reading through forums about the SA302's and the HO checking for self assessment history and income, I have an outstanding SA to be processed by HMRC for 2011(considering I am claiming as February 2011 as the start of my ILR qualification period). I realized this last week and asked my accountant to be prepare them ASAP but unfortunately since they are outside the 4 year window, they can only be submitted as paper based assessments to HMRC. I have sent these submissions to HMRC on 14 Jan 2016 (to ensure I have covered my back to avoid being rejected under the deception clause and hence sent them prior to my ILR application).

Up until a couple of weeks back, SA for myself were only submitted for 2014 and 2015 (registered for SA as I received a letter from HMRC to be registered as I took extra dividends in 2013 to pay off my home mortgage, so went over the income threshold of £31865). Prior to that the accountant advised me that I do not need to register for SA since my income was below the threshold. (I agree I shouldn't blame the accountant and should have known for myself about SA,but genuinely you wouldn't not trust your accountant considering they have better knowledge of tax laws and hence they charge money to clients to sort out their tax submissions and issues).

Anyways, last week my accountant prepared all pending SA's and now my HMRC profile shows SA calculations and no outstanding payments for the years 2012,2013,2014 and 2015 (4 years out of 5). I have also called up HMRC to send me a letter to confirm my SA history along with my employment history.

To add, my LTD company taxation history is clear with all taxes paid prior to time (interest received from HMRC for every year for early payment), along with PAYE and VAT, but I guess it does not matter now due to the SA talk to up. I have received repayment for SA from HMRC for 2015 due to paying extra tax, but I am sure the case worker would not be impressed by the SA brownie points. I am guessing they would still be keen on seeing the SA302 for 2011. (I was hoping I could submit the covering letter + SA submissions which I sent to HMRC on 14 Jan 2016 as a proof that it is under review).

The options I think I have are,

1. Apply in PEO on 13 Feb 2016, and hope to be lucky considering I have all the paper work required except the SA302 for 2011. The caseworker might either reject it or put it on hold for further checks. (Considering I submit the docs which I sent to HMRC last week for 2010 and 2011 submissions as a proof that I realized my mistake and in the processing of correcting it). Its unlikely that I will receive a letter within the next 3-4 weeks from HMRC to confirm that they have received my SA submissions for 2010/11 and are processing it.

2. Apply by post closer to 04 March 2016, and once I send the application then chase HMRC regularly hoping they would process my outstanding SA's (2011) prior to HO reviewing my ILR application.

In both instances I have to play it by luck, but unsure which is the safest route forward. HO did not ask for any SA's or P60's during the initial T1 and extention applications, but are seeking for them now during ILR. This does not make sense. If required then they should clearly mention it in the policy guidance to ensure people are walking on the right path, rather than learning about new requirements and surprises through first hand experiences shared by people on such forums.

I have read posts by people that they have been granted ILR without the submission of any SA302's previously even after being a LTD company director, where they have only submitted company accounts and letter from an accountant detailing their earnings for the last 5 years. I am guessing it all depends on the caseworker assigned to your case and your luck.

Any thoughts from members on my situation would be highly welcomed.

Thanks

@AML

I was in a similar position as you are. I had a personal and most experience experience of going for PEO and application was approved. Having said that the outcome will depend on each case. You can read my updates here http://www.immigrationboards.com/indefi ... l#p1285517

[ILR_Applicant111]

Hello Everyone

Hope you all are doing well.

I am currently in a dilemma about whether to apply for my ILR (+ Dependent ILR) in person at the PEO or by post, and would be grateful if you could pour in your suggestions based on your experience either first hand or through knowledge via this forum.

Current Situation

PEO appointment booked for 13 Feb 2016 (Solihull) (As a backup)
Tier 1 Visa expiry - 04 March 2016 (same for dependent)
Employment - LTD Company Director (initial + extension + current ILR application)
Initial T1 - March 2011
Extension - Feb 2013

ILR qualifying period - Feb 2011 to Feb 2016 (28 days prior to 04 March 2016)

I have all documents in place for the application, but reading through forums about the SA302's and the HO checking for self assessment history and income, I have an outstanding SA to be processed by HMRC for 2011(considering I am claiming as February 2011 as the start of my ILR qualification period). I realized this last week and asked my accountant to be prepare them ASAP but unfortunately since they are outside the 4 year window, they can only be submitted as paper based assessments to HMRC. I have sent these submissions to HMRC on 14 Jan 2016 (to ensure I have covered my back to avoid being rejected under the deception clause and hence sent them prior to my ILR application).

Up until a couple of weeks back, SA for myself were only submitted for 2014 and 2015 (registered for SA as I received a letter from HMRC to be registered as I took extra dividends in 2013 to pay off my home mortgage, so went over the income threshold of £31865). Prior to that the accountant advised me that I do not need to register for SA since my income was below the threshold. (I agree I shouldn't blame the accountant and should have known for myself about SA,but genuinely you wouldn't not trust your accountant considering they have better knowledge of tax laws and hence they charge money to clients to sort out their tax submissions and issues).

Anyways, last week my accountant prepared all pending SA's and now my HMRC profile shows SA calculations and no outstanding payments for the years 2012,2013,2014 and 2015 (4 years out of 5). I have also called up HMRC to send me a letter to confirm my SA history along with my employment history.

To add, my LTD company taxation history is clear with all taxes paid prior to time (interest received from HMRC for every year for early payment), along with PAYE and VAT, but I guess it does not matter now due to the SA talk to up. I have received repayment for SA from HMRC for 2015 due to paying extra tax, but I am sure the case worker would not be impressed by the SA brownie points. I am guessing they would still be keen on seeing the SA302 for 2011. (I was hoping I could submit the covering letter + SA submissions which I sent to HMRC on 14 Jan 2016 as a proof that it is under review).

The options I think I have are,

1. Apply in PEO on 13 Feb 2016, and hope to be lucky considering I have all the paper work required except the SA302 for 2011. The caseworker might either reject it or put it on hold for further checks. (Considering I submit the docs which I sent to HMRC last week for 2010 and 2011 submissions as a proof that I realized my mistake and in the processing of correcting it). Its unlikely that I will receive a letter within the next 3-4 weeks from HMRC to confirm that they have received my SA submissions for 2010/11 and are processing it.

2. Apply by post closer to 04 March 2016, and once I send the application then chase HMRC regularly hoping they would process my outstanding SA's (2011) prior to HO reviewing my ILR application.

In both instances I have to play it by luck, but unsure which is the safest route forward. HO did not ask for any SA's or P60's during the initial T1 and extention applications, but are seeking for them now during ILR. This does not make sense. If required then they should clearly mention it in the policy guidance to ensure people are walking on the right path, rather than learning about new requirements and surprises through first hand experiences shared by people on such forums.

I have read posts by people that they have been granted ILR without the submission of any SA302's previously even after being a LTD company director, where they have only submitted company accounts and letter from an accountant detailing their earnings for the last 5 years. I am guessing it all depends on the caseworker assigned to your case and your luck.

Any thoughts from members on my situation would be highly welcomed.

Thanks

@AML

I was in a similar position as you are. I had a personal and most recent experience of going for PEO and application was approved. Having said that the outcome will depend on each case. You can read my updates here http://www.immigrationboards.com/indefi ... l#p1285517

[AML2015]

@ILR_Applicant111

Thanks for your response and Congratulations on your ILR.

My case is a bit different to yours in terms of that you had an SA which just needed amendments, whereas for me I have tried submitting SA for 2011 to HMRC (paper based) which they have refused to process since there is no tax liability.

Luckily, I am due to receive a letter from them this week to say that they have received my returns (2010/11, but 2011 was when I entered T1 and the one which is missing) and will not be processing them since its outside the 4 year window and will mention a clause from their manual to justify why they dont think they need to process them further. Unfortunately they will not be mentioning 'No tax due/liability' in the letter. Hence the reason I am tensed.

I do plan to take my accountants letter with details about why they were not submitted (since there was no tax liability due to dividend income being below the threshold of £31865) and the tax for dividends for 2011 was covered by the dividend tax credits paid under corporation tax for the year.

I also have a letter from HMRC confirming my payments for CT for all years (2010-2015), along with my SA302's for 4 years (2012-2015), employment history letter from HMRC and NI contributions from HMRC.

I am hoping that they CW considers the fact that I did try to submit my returns for 2011 prior to my visa expiry (2 month prior) and HMRC have refused to process them since they will not be making any money out of my returns and consider it as a futile exercise.

Do you think I stand a chance to get it approved at the PEO?

Thanks

[ILR_Applicant111]

@AML -

thanks mate. I agree your case is different however reason for sharing my case with you was to give you confidence in going for PEO. In my personal opinion and thinking from CW's point of view, you have done everything you could have to rectify your tax issues, and have now got written confirmation from HMRC regarding old tax returns, so there's nothing else that can be done - so no point sending via post to buy time.

Again, it will completely depend on personal circumstances, merit and quality of rest of your documentation, however If i were you I'd go for PEO as it will give you an opportunity to explain things to CW. I'd also suggest to get another letter from accountant explaining your current situation of your old tax returns i.e. HMRC haven't accepted your returns but you've done everything you could do from your end.

At PEO when you're asked to fill in self employed questionnaire, do mention details in there and say evidence of this is provided in application pack. And when you hand it back to the admin person, tell him / her that you'd like to explain your circumstances to CW (which is what I did).

In terms of other supporting documentation i can suggest to include to prove your income is genuine:

1. Self employed client list with all details like client name, business name, nature of business, work dates, website, postal address, phone and email address.
2. Copy of your LinkedIn profile if you have one
3. Ask either your employer or client to write you a character certificate - more than one would be even better
4. Business insurance certificates if you have from past

Lastly, what's your lawyer's view on this?

Good luck!

[ILR_Applicant111]

All

I am getting an appointment for Saturday as well as weekdays.

Do you reckon it would be better to apply on a weekday rather than a Saturday at the PEO? Would it make a difference in case the case worker needs to call a few people to verify the details ? Or am I thinking too much...

you're right in thinking that way, if you haven't already, I'd say go for a weekday preferably in the morning when the CW has more patience to deal with your case, and if in case they need to verify details from clients etc.

[AML2015]

@ ILR_Applicant111

Thanks mate, your inputs are much appreciated.

I do plan to book one for Friday (19th Feb) at Solihull, just waiting for the refund for my previous booking (13th Feb Sat) which I cancelled a couple of weeks back, since until then I didnt know that HMRC wont be processing my paper based returns.

Yes, I do plan to take letters from my agency and my accountant to confirm all the details and payments for all years since I started my LTD company along with all the documentation from HMRC.

I am more confident with a PEO application, since my intial T1 and extension both were through the PEO service.

Thanks for the advice, and I will keep you all informed of the outcome. Please pray for me that all goes well.

[ILR_Applicant111]

no worries mate! you might want to book asap and not end up in a situation where no appointments are left.

On other hand, Not trying to be negative but if CW raises concerns then at least you've proven your innocence so no grounds of deception imposed.

Remember hard work never goes in vain so be confident.

Good luck and keep us posted!

[AML2015]

@ ILR_Applicant111

Forgot to mention earlier, I am not going through a solicitor. Not sure if getting a solicitor on my case is value added ?

Considering I am the one who has to answer all questions from the CW, and be in the firing line.

[ILR_Applicant111]

Wouldn't suggest taking a rep with you for PEO if you're confident to explain your case as you know it best.

My question was more around If you discussed your case with a lawyer.

[AML2015]

Nope, not discussed with anyone other than my accountant, HMRC, this forum and the wife of-course !!!

[AML2015]

Rebooked for Saturday 13th Feb. Luckily they didnt ask for payment details, so I guess the last payment I made 2 weeks ago still holds true, and they wont process the refund I guess.

Fingers crossed, God willing all should go well. Will keep you guys posted.

Please pray for me.

[HarryJones]

It is good to keep this thread going like this without talking about Tax issues to avoid being locked.

@AML2015 : Please what is the content/format of the "Employment History Letter (2010-2015)" sent to you ?

@Gurus: Is it compulsory to obtain this Employment History Letter ? Is it only for Employed or for both employment and self employment?

[kanswam]

@AML2015
Best wishes for a successful outcome for your application. I will be going to Sheffield in 2 weeks time as well and this is just proving to be too stressful at this point.

Good luck to you and kindly post your experience in the forum once you are done and dusted.

cheers

[love_uk1]

@AML2015

I am sure you'll be won this battle because you have enough weapon (from HMRC and other SA302s and Accountants latter) for Fire them arguments with your best explanation skill
And that's a good decision (Ignore that value added Tax)

waiting to say congratulation.....

[AML2015]

@HarryJones

The format of the letter received from HMRC contains all my salary (PAYE) details for all the years from all employers I have ever worked for within the UK. It includes,
1. Name of employer
2. Dates of employment
3. Gross salary from each employer
4. TAX paid for each employer income

Please note, that it does not contain any DIVIDEND income and only PAYE details. I have 4 years of SA302 also from the HMRC which details my total income (Salary + Dividends).

Also, it is not compulsory to obtain an employment history letter for your application from HMRC. If you have P45's from your employers over the years then you can include them. I have requested an employment history letter from HMRC since I have misplaced the original P45 for 2011 and only have a photocopy. Hence requested the letter from HMRC.

[argus7]

Employment history and any P60s help CW to understand employment period for the 5 year period and a good way of checking previous Tier1 applications for implications of PAYE or SE tax/NI issues.

Not mandatory but good have!, Citizenship naturalisation forms asks for this, so this will come in handy!

Thanks,