Dear All,
Here is my experience, which is really unfair and stressful.
I got my tier1 general on 2010, and applied ILR in Oct 2015
I know there were many issuse regarding the tax return, I thought it should not effect me since I did things right. But ....
Here is what happened:
My income during 2012-2013 contains "divident" which I claimed it to Home office to extend my visa.
My accountant told me that there were a mistake for my tax self assessment, so we corrected the figure to HMRC on Jan 2015, which is the same amount I declared to Home office.
I have some outstanding balance of my tax and I contacted HMRC and HMRC agreed to use “tax code” for me to pay the balance ( and HMRC started take the payment from July 2015 )
from the HMRC link "
https://www.gov.uk/pay-self-assessment- ... l/overview" It is clearly stated that “TAX Code” is a method of paying tax.
I have some balance left (which should be paid by the “tax code” in future gradually ) on the date I applied my ILR on Oct 2015
I made a full payment to my tax after the date of my application, which is actually NOT necessary since HMRC already agreed to take the payment gradually by “TAX CODE” method. But I just want to make things easier.
My accountant write a letter to Home office to confirm that I “paid” all the balance in Nov 2015.
I waited 2 months and then I decided to pay 1900 to have a chance go to PEO and talk to the case worker face to face.
On the Interview, the case worker told me that “ You claimed the dividends but we contacted HMRC and still haven’t received the confirm from HMRC that you declared this dividends so based on your accountant letter, we think you amended your tax return to HMRC on Nov 2015, which was after your application so we think you are cheating"
so she refused my application.
Then I called the HMRC and they said the records has been updated long time ago and they sent me a confirm letter says that I declared the correct amount in Jan 2015.
I applied an admin review in Jan, I told then that I have the confirm letter from HMRC can prove that I did declare my tax in Jan 2015, which is far before the date I applied my ILR.
But the review still failed and still the same reason " you accountant said you paid the full amount after the date you applied ILR..."
what should I do? Do I have a chance to apply Judicial Review?
Many thanks