ILR Application Dilemma - PEO or Post ?

[kanswam]

@AML2015
Based on my personal experience today at the PSC, I believe you would be able to get your ILR in AR itself. My suggestion to keep your documentation to the point, which in your case is about the Zero tax owed hence no deception intended. If all your other documents line up properly, then it is more a case of you having made an administrative mistake/oversight than anything else. And you have caught up with the oversight as well, so it is a positive for you.

Best wishes for a successful outcome in your appeal!

[rush05]

@AML2015,

I have submitted my Self Assessment in November 2015.....still waiting for HMRC to update.........my figures for dividends I claimed is 25400 (appx.) for 2010-2011......I owe a corporation tax of roughly 6200 to HMRC on the accounts I submitted to HO............Is it better I pay off and go........or will it be fine If I just show SA0302 for that year..............again am confused here whether to go in PEO or postal....please suggest.....Thanks

[AML2015]

@karg_g

The question is after amending your returns does your old and new tax difference is alarming different? If so, i think CW has got a good chance to reject your ILR. - I did not amend my tax returns, but filed them in Jan 2016. For all returns I filed I owed no tax to HMRC. I did this in due diligence to ensure that they dont refuse me for deception, even though I owed £0 to HMRC, but they still refused.

With regards to your situation it seems you will be OK. Just a suggestion, avoid Solihull. The CWs seem to hold an IQ of 0, since they charge you with deception even though your tax liability is £0 as confirmed by an HMRC letter. Goodluck.

[AML2015]

@rush05

Ensure you have paid all your taxes before you apply, whether its personal tax or corporation tax and get letters from HMRC to confirm the same.

I would apply by post considering the ridiculous amount of ILR rejections we have seen in the last 3 months at a PEO due to incompetent caseworkers who have no knowledge about tax laws and their own taxation system, who blatantly consider HMRC documents as secondary and rely on a piece of software to check your records with HMRC which doesnt seem to work. Goodluck.

[AML2015]

@kanswam

Thank you for the wishes and thoughtful insights. I am hoping as well to get a positive result in the AR itself, but if not then I will take the route via PAP to JR.

I now have my accountants letter which confirms that it was him who advised me not to file SAs for years 2010-11-12-13 as there was no tax to pay, along with an explanation that due to my perusal we filed the missing returns for the years which had £0 tax liability.

Hopefully this will work in my favour. God willing.

[karg_g]

Hi & Hello AML2015

Thanks , hoping for the best. The point i am trying to make is from HMRC point of view there is no loss. However UKBA can interpret it very differently. In your case even though you did on best interest by fixing the issue(not amending), UKBA has done a strict interpretation which in my opinion is very harsh. I think the CW should atleast check to see if there is any change in claimed vs amended and then come to a conclusion.

I hope you get all sorted soon

[tanveer333]

Hi All

My ILR has been refused today at Solihull PEO (Wife included as well as dependent). Reason for refusal is Deception as per clause 322(2) and 322(5). The reason for rejection is that I filed (not amendments) my self-assessment returns 'retrospectively' (Jan 2016) for the years 2010/2011/2012/2013.

Please view my previous post regarding my self assessment returns discussion with HMRC.

http://www.immigrationboards.com/indefi ... 01405.html

Current leave for T1 expires on 04 March 2016. They have given my option to file for admin review within 14 days. They have retrieved my original documents and only returned our passports and BRP's since we still have valid leave to remain for the next 20 days.

I did submit my 4 years of SA302's (2012/2013/2014/2015) from HMRC, along with a letter from HMRC for my 2010/2011 returns stating that they will not be processing it since its outside the 4 year window and additionally they did not ask the returns to be filed previously in the respective tax year. This due to the income being below the threshold. (Dividends being below £31,865). Also I submitted an accountant letter with my earnings since 2010 and with a statement that there was no tax due for 2010/2011/2012/2013 along with a prinout for all years (2010-2015) from my online SA account from the HMRC website stating a figure of £0.00 as tax liability for all years.

In essence, they rejected my application on the basis that I did not file my SA returns for the respective years in the period when they had to filed as per HMRC time-frames and I filed them retrospectively in Jan 2016. But the returns for 2010-2013 were filed in Jan 2016 which had no tax liability as confirmed by HMRC. 2014 and 2015 were filed on time.

Also, the CW stated that when she checked on her online system (unsure which website/web application HO use) they did find any SA history for me. I was like how about the documents I have submitted with my application which are from HMRC and she went quite. I did ask her which online system or software they use to check an applicant's history with HMRC, but she said she was not allowed to disclose it.

Anyways, seems like they are rejecting applications for self employed people even if they file their SA returns outside the submission window but prior to their ILR application. Its a shame.

Seniors and members, any thoughts on my case ? What should be my next step ?

1. Apply for admin review and send additional docs (since I read I can send additional docs if I have been refused for deception. Is that true ? Who should I send them to ? Any address or then upload them on their link?)
2. Hire a solicitor prior to the admin review ? Or it is not needed since HO will review my application based on the same docs I submitted today? Any thoughts ?
3. What are my options if I fail the admin review. My visa expires on 04 March 2016 and the admin review decision will come in after the expiry date. How long can I stay in the country after I receive the admin review rejection letter.
4. Can I file for JR after the admin review decision ? What is the process?
5. Any recommended solicitors who have dealt with such cases previously ?

Its a pity to be in a situation where you have been a loyal tax payer all these years and then being penalized for not filing an SA for the years where I owed £0 to HMRC. All my SA's were filed and completed in Jan 2016 prior to the application date with all tax paid. The figures declared to HO and HMRC match as per the original submissions and no amendments were required. They still refused it since I did not file them when I had to as per the HMRC guidelines.

I owed NO tax to HMRC for the SA's which were not filed on time for 2010/2011/2012/2013.

Your thoughts and advice is much appreciated.

Thanks

-----------

The reason you are refused is that you did not file your SAs in the first place and SA for 2010/11 is not filed at all. If year 2010/11 is your period of claim or part of it is period of claim then HMRC surely do not have record of it. If HMRC had record of year 2010/11 then chances of getting ILR would be better.

You said you did not had to file SA because there was no tax due. But that is not the law, the law is if were a company director or a self employed person you have to file SA even if you have 0.00 income. Unfortunately, many accountants ignore this and I have come across some accountants who are in the business for years and do not know about this. In fact they sometime argue with me of this point.

My opinion is (but check with you solicitor) that you should build your case on the basis of ignorance of Law rather then saying you filed the tax returns before application and HO is at fault. Specially, if you have genuine dividend income which you can prove from company accounts filed to Company house.

HO is partially right in their statement that they did not find any record for you. BECAUSE for year 2010/11 there is not record.

Regarding software/system HO use to access filed from HMRC: CW has the same access as someone in the Self Assessment department in HMRC the only difference is they cannot edit or write anything on your account. its not a software it an online access.

[nahmed]

Hi guys,

Just to share some info related to PEO applications when there is late filing or amendments of tax returns involved for earlier years. Apparently, the PEOs do not have access to live HMRC data but they have HMRC data saved up on their systems at a certain point in history and hence these refusals are happening. So for example, the Solihull PEO's data was last updated in 2014. I do not have info about any other PEO. I am not guessing and happen to know about Solihull from a friend's (the applicant) lawyer who very frequently takes cases to solihull peo and has good repo with the staff.

So, No matter how up to date is your hmrc records at the time of application, you are bound to get in trouble if you try to use a PEO. in my personal opinion, you have a better chance of success in the post as the central system might be more up to date, if God decides to answer our prayers whilst you await few months for the response. My friend's and others' refusals are exactly similar, he had the SA302s and no tax was payable either before or after the filing of his late returns in 2015. In his case there was no return awaiting to be updated in the post either. So everything was up to date and had PEO done live checking with HMRC, it would show the income matching to the penny, but as I said its historic data.

Good luck anyways guys

[noajthan]

Without entering into a discussion about tax discrepancies, members should be aware that only applications which are 100% straightforward should be submitted in person at a PSC. The PSC Case Workers are of a junior level and simply don't have the authority (or the knowledge) to process any application with requires further verification. The application will either be rejected on the day, or if fortunate it will be passed to senior level Case Workers for further checks and will join the postal queue at the premium fee.

Sound advice.

[ILR_Applicant111]

Hi All,

Thought I'd give you guys an update on my tax amendment request.

I submitted amendment for 2012-13 years via post in first
week of Jan 2016, followed up with HMRC till 22nd Jan, each time they gave me ETA of March end 2016.

Yesterday received letter from HMRC stating tax amendment was done - they did it much before the March end deadline.

Sincerely hope this gives people awaiting tax amendments some hope.

Best wishes

[rush05]

@ILR_Applicat111

Was this amendment for 2012-13 ..............have you made any tax payments for this period.......Or you just declared your earnings for that specific time period ???

[ILR_Applicant111]

I erroneously declared less dividends for 12-13 year but returns were filed in time.Note income declared prior to amends was above £35k threshold

Worth mentioning that when you chase HMRC, ask the rep on phone to transfer you to their "technical" team and speak to someone there as they are more senior. I did the same but not sure if this is what helped expedite my case

Cheers

[rush05]

@ILR_applicant111

I have done my Personal Tax Returns for 2010-11 recently in November 2015............for the amount of £25500(appx.).........does HMRC do this update as this amount is less than the threshold.............I have been given a date of 3rd march 2016 by HMRC.......do I need to chase them regularly...........

[AHD2016]

Hi AML,
Did you hear back from HO for your AR. It's been 22 days for us and no reply yet. Don't know what to expect.

[AML2015]

@AHD2016

I have filed for my AR on 26th Feb. Which was the 14th day. So I am guessing I should be getting a response from them by 25th March. Will keep you posted.

When did you file for your AR ? Did you send any additional docs ?

[AHD2016]

@AHD2016

I have filed for my AR on 26th Feb. Which was the 14th day. So I am guessing I should be getting a response from them by 25th March. Will keep you posted.

When did you file for your AR ? Did you send any additional docs ?

I applied on Feb 17th. Should hear from them till Tuesday next week. I had heard usually they don't take this long.

[mohit_jain1985]

@AHD2016

I have filed for my AR on 26th Feb. Which was the 14th day. So I am guessing I should be getting a response from them by 25th March. Will keep you posted.

When did you file for your AR ? Did you send any additional docs ?

I applied on Feb 17th. Should hear from them till Tuesday next week. I had heard usually they don't take this long.

Guys, i applied for AR on 28th Jan and still nothing from HO, have emailed them and every time they say it is under consideration and decision will be taken in a few days.

[AML2015]

@Mohit

Its unfortunate mate. HO will be loaded with AR cases, so might be taking a bit of time.

The longer the better, so atleast we can work while the AR is in progress and hopefully if they are taking longer it could also mean that they might be doing some further checks on our application and hopefully overrule the original decision. Just a thought though.

[mohit_jain1985]

@Mohit

Its unfortunate mate. HO will be loaded with AR cases, so might be taking a bit of time.

The longer the better, so at least we can work while the AR is in progress and hopefully if they are taking longer it could also mean that they might be doing some further checks on our application and hopefully overrule the original decision. Just a thought though.

I had re-applied for ILR on 18/02/2016, received the acknowledgement letter for the postal application on 09/03.
today (14/03/2016) i received the withdrawal letter for the AR but they have also sent the enforcement notice for removal along with it. The withdrawal letter states that the reason of withdrawal is that you made a new application so with the enforcement notice, cant understand that.

Looking at the immigration laws , the enforcement letter is a standard for not submitting AR, invalid or withdrawal etc. etc. But i am really worried not on my status in the UK as my postal application is under review now.

Please advise.

[adamsmith]

I erroneously declared less dividends for 12-13 year but returns were filed in time.Note income declared prior to amends was above £35k threshold

Worth mentioning that when you chase HMRC, ask the rep on phone to transfer you to their "technical" team and speak to someone there as they are more senior. I did the same but not sure if this is what helped expedite my case

Cheers

Hi ILR_Applicant111,
Thanks for your input brother. Every time I call them they give me different dates and one of the lady said she escalated the issue to technical team and that was 3rd of March and I was told that i will get reply by 17th of March. So I called them today early morning and requested him to transfer to technical team. Instead of transferring the call, he took my number and said someone will be in touch later. But whole day I was waiting for the call, but I didn't receive any call from them. Could you please give some suggestions. My application is due in first week of April. I am a bit worried now as it has been almost three months since i submitted amendments.
Than you for your help....

[Mlatif]

@rush05

Ensure you have paid all your taxes before you apply, whether its personal tax or corporation tax and get letters from HMRC to confirm the same.

I would apply by post considering the ridiculous amount of ILR rejections we have seen in the last 3 months at a PEO due to incompetent caseworkers who have no knowledge about tax laws and their own taxation system, who blatantly consider HMRC documents as secondary and rely on a piece of software to check your records with HMRC which doesnt seem to work. Goodluck.

Hi there I have also submitted amendment for the year 10-11 my tax been paid for all years. There was one numaric error in my 10-11 returns and my Accountent amend that accordingly.
That was the time period when I first get my T1G .
Then 12-13 tax all update on time.
My dead line is 10 April and still waiting for 10-11 amendment come back to me.
Could you please suggest that I m going to post on 7 April. Do I really need to mention about amendment or just submit my SA302 given by Accountent ??

Plz advice thanks

[Mlatif]

Hi there I have also submitted amendment for the year 10-11 my tax been paid for all years. There was one numaric error in my 10-11 returns and my Accountent amend that accordingly.
That was the time period when I first get my T1G .
Then 12-13 tax all update on time.
My dead line is 10 April and still waiting for 10-11 amendment come back to me.
Could you please suggest that I m going to post on 7 April. Do I really need to mention about amendment.

It was the period when I was self employed after that in 12-13 I was started ltd company and all tax up to date that o was claim at the time of second extension in 12-13

Please advise

[Mlatif]

Hi there I have also submitted amendment for the year 10-11 my tax been paid for all years. There was one numaric error in my 10-11 returns and my Accountent amend that accordingly.
That was the time period when I first get my T1G .
Then 12-13 tax all update on time.
My dead line is 10 April and still waiting for 10-11 amendment come back to me.
Could you please suggest that I m going to post on 7 April. Do I really need to mention about amendment.

It was the period when I was self employed after that in 12-13 I was started ltd company and all tax up to date that o was claim at the time of second extension in 12-13

Please advise

[AML2015]

@Mohit

Ignore the enforcement letter. Its a pre-determined letter generated by the system and posted by the AR department when the AR is refused or withdrawn.

You mentioned that you have sent in another postal application on 18th Feb ? Is this within the period of your visa validity ? When did your visa expire ?

[mohit_jain1985]

@Mohit

Ignore the enforcement letter. Its a pre-determined letter generated by the system and posted by the AR department when the AR is refused or withdrawn.

You mentioned that you have sent in another postal application on 18th Feb ? Is this within the period of your visa validity ? When did your visa expire ?

Thanks AML..it is just i am worried if the team knocks on my door and show me the way out of the country.

Also, concerned about my job...don't want to loose it either.

My visa expiry date was 21/02/2016, the application was received on 19/02. I have also received the acknowledgement letter along with bio metric letter for the postal application sent on 18/02/2016.