ILR Refused for Limited Company Director

[jimtoole]

I applied for ILR same day service at Solihull PEO today and i was refused based on deception for not declaring my self employ earning for my first and second application. When i applied for my first and second teir 1 visa i claimed points for both permanent and and self employment and when filed my self assessment i did'nt honestly know that i needed to include my self employment earning.
Late last year around November when i requested for my SA302 from HMRC i realised the error and asked my accountant to amend both years assessment. I did inform the HMRC and i was asked to send the amended copies by post which they did confirmed the receipt. Anyway, i was asked to pay back extra taxes i owed plus interest and in January i paid the whole tax in full including the interest charged. I applied for new SA302 from HRMC which they sent to me in January 2016 showing all taxes paid in full and return amended.

To my surprise the Home Office refused my application based on deception. The reason is that i amended the returns late even if it was before my ILR application and on that ground they refused my application and gave me right to apply for admin review.

Members and gurus i need your advice on way forward as i see this as unfair treatment. I made error in my returns and corrected the errors and paid all taxes plus interest owed before i applied for my ilr in feb 16th 2016. Can somebody advice me about my chances of winning admin review as i understand that admin review is carried out by the same team in the same office where the application is first refused. Can somebody give me a contact of a very good solicitor that can help me out.
Thank you guys in advance

You have a very strong case here. The Case worker has not given a legit ground for refusal. Appeal and put a case of compensation against HO for Mental Harassment.

[noajthan]

In this world nothing can be said to be certain, except death and taxes.
- Benjamin Franklin.

ILR is ofcourse not a 'visa' nor a right.
It is a privileged settled status for guests in this country to aspire to.

Similarly citizenship and even a first British passport are not rights but privileges.
All privileges need to be earned (& can be removed).

Reaching one step of a ladder does not guarantee you will make it to the next one (let alone the rest of the way up).

Some members have been on their ILR journey for up to 10 years.
That is surely ample time to learn British culture and traditions, such as filing of tax returns, paying taxes on time & etc.

High-powered and entrepreneurial businessmen (often with teams of professional advisors) in any part of the world clearly need to understand the business and political climate they operate in.

How could anyone survive in business by any other way?!
Pleading ignorance and/or those who are 'innocents abroad' will simply get trampled underfoot by the competition.

Migrants and tax avoidance/evasion are both current hot potatoes, how could anyone fail to grasp these political truths.
It is clear how the land lies in the prevailing geopolitical climate.

Also understand that HMRC and HO are two different government departments.
There is no guarantee of joined-up thinking or alignment between the two.
What may be acceptable to satisfy one set of legal requirements (say, tax) may not be sufficient in another area (eg immigration).

I have discovered one sign of increasing maturity is when we stop blaming our parents for our misfortunes & the way life turns out.
(I include myself in this).

I am becoming more and more convinced that this probably applies in terms of blaming HMRC & HO for tax and immigration misfortunes too.

[HarryJones]

Also understand that HMRC and HO are two different government departments.
There is no guarantee of joined-up thinking or alignment between the two.
What may be acceptable to satisfy one set of legal requirements (say, tax) may not be sufficient in another area (eg immigration)

Looking at the write up above - I totally agree with Noajthan.
I think that it is not a must to live in the UK. I am trying to be rational.
It is not right for somebody to declare different earnings to both HO and HMRC; unfortunately some people are already in this mess now.
I am beginning to think that HMRC should disallow people to amend based on deception too and send them out of the country. I don’t think it is fair on those people that HMRC rightly allowed to amend (paying extra interest +probably penalties) and HO later slammed deception on them.
Also, going by this, I think HO should revisit many people already with ILR who have the same problems but were not earlier caught if they want to be fair on everyone.

[mian1]

Hello
If you can pls include your refusal letter wording from the main paragraph that is exact situation.
How they find that you done ammendments in Jan 16

Or you just explain them on any question that you amended your returns.
Thanks

[adamsmith]

@screenshot replying to your message that you agreed its deception. I guess you havene't read my post or you didn't understand it. I filed all my tax return and make mistake by not showing earnings for self employ. I did realize my mistake and correted it. I amended the returns and paid all taxes due plus interest and this was accepted my HMRC. HMRC understand that error could made in tax returns and you have a right to amend or even make claims for overpayment, the reason when i contacted them they did point to me that in the self assessment form it is stated boldly that you complete your tax return based on your best knowldge and they don' t assume that your assessment is 100% correct. I made some errors and have corrected them without beeing asked to do so my either hmrc or home office. I was not refused ilr and that prompted me to correct or amend my tax return. I corrected it voluntrily on my own and paid the due before i applied for ilr. You need to view this case from both point views and reason with care before delivering unfounded judgement.

@CHUCK2020,
Hi, I hope everything is well with you. I was wondering if your case has already been resolved? If not, what stage are u at the moment? It will help us to understand the situation with similar case.
Thanks in advance.

[Manigee]

@screenshot replying to your message that you agreed its deception. I guess you havene't read my post or you didn't understand it. I filed all my tax return and make mistake by not showing earnings for self employ. I did realize my mistake and correted it. I amended the returns and paid all taxes due plus interest and this was accepted my HMRC. HMRC understand that error could made in tax returns and you have a right to amend or even make claims for overpayment, the reason when i contacted them they did point to me that in the self assessment form it is stated boldly that you complete your tax return based on your best knowldge and they don' t assume that your assessment is 100% correct. I made some errors and have corrected them without beeing asked to do so my either hmrc or home office. I was not refused ilr and that prompted me to correct or amend my tax return. I corrected it voluntrily on my own and paid the due before i applied for ilr. You need to view this case from both point views and reason with care before delivering unfounded judgement.

@CHUCK2020,
Hi, I hope everything is well with you. I was wondering if your case has already been resolved? If not, what stage are u at the moment? It will help us to understand the situation with similar case.
Thanks in advance.

any update on your case bro...

[noajthan]

@Manigee, this topic is, by now, a near meaningless jumble of posts from different people, many of whom have not been active for some time.

Not sure which of them you're asking for an update; if someone had one they would have posted it.

[shaffa2629]

@chuck2020.

what stage are you now? Please response.

[motoaxis]

Hi Vinny

[motoaxis]

Hi Vinny,

I have applied for ILR through Tier-1(general) route on 17th May 2016 at Croydon PSC and got refused due to taxation issues.

1. I have applied my first Tier-1 application in April 2011, where I have shown my income from 2sources PAYE salary and dividends (director of a LTD company). For which I have paid all the tax dues in full and in time and also I have all the receipts and proofs. Don't why HMRC haven't got that in their records

2. Second application for Tier-1 was made in May 2013, again where I have shown my income from 2sources PAYE salary and dividends (director of a LTD company). In this case there was a mistake made by accountant or due to my lack of knowledge on taxation I only paid half of the tax( if paid in full would have been extra £1600.00). As I said due my lack of knowledge and trust on a professional drag me into trouble. I have realized the mistake only after the refusal, because until today I still have the company on which I am doing some business and all taxes are duly paid in full within the timescales. After realizing the mistake straight away applied changes and requested HMRC to make the amendments, now waiting for them to process the request.

My application was refused under Paragraph 245CD(b),(g) with reference to Paragraph 322(5) and Paragraph 19(i) and 19(J)(iv) of the appendix A under the general grounds.

Applied for AR and received the outcome on 24th June. They have stayed with same decision as REFUSAL. However they have changed some articles removed 322(5) deception.

New refusal reason are based on under Paragraph 245CD(g) with reference to Paragraph 19(i) and 19(J)(iv) of Appendix A.

My questions are
1. What chances I have got going forward ?
2. To go with a new application or JR route
3. Before the expiry of Tier-1 visa (29th May 2016) I have applied for FLR(O) which I believe will continue my RIGHT TO LIVE AND WORK. But after receiving the AR refusal my employer is arranging a meeting to show me proof that I have right to work. Can anyone correct me please, am I correct ? Under article 3C if I apply for any new application the previous rights will stay until a decision was taken on the new application

Can you please share your expertise.

Thanks

[soopan123]

Hi Guys,

Need a advice, If a Self assessment Return was submitted late by 1 day, Will it be considered as bad behaviour by HO that is instead of Jan31 it was submitted on 1 st Feb by my friend. He was late by 1 day he asked me advice so was not aware.

Need your guidance please