ILR Refused PEO Need Urgent Help

[Aju2016]

Hi,

My ILR refused today at PEO with 14 days of administrative review option given,
My case details are as below.

I came to UK in Nov 2010 with Tier 1 (G) visa which were valid till March 2013, for first extension I mentioned
Salaried and Self Employed, for self employed activities I paid NI and registered myself as sole trader, I mentioned self employed activities from Dec 2012 to Feb 2013 for which I submitted my Tax return on
04th Nov 2013 with Tax liability of .80 £ only which I paid just 3 weeks back as it was very small amount. thereafter I didn't submitted any Tax returns and mentioned to HMRC that I have closed my Self Employed activities.

My refusal letter says "HMRC record shows that for financial year 2011/12, 2012/13 and 2013/2014 you did not submitted any tax return for income from self employed.

But my question is I didn't had any self employed income after Feb 2013 so I only submitted tax return for 1 year only, not for 2011/12 & 2013/2014.

I am really confused here please urgently help I have got 14 days of administrative review period.

My current Tier 1 (G) visa are valid till March 2018.

Thanks.

[f317633]

Which PEO was it? Were you employed or self employed at the time of your ILR?

[Pscloud]

We need more info here and answer to following questions before we can make the judgement whether CW was right or wrong

1. Which PEO and did you fill the form?

2. When you told HMRC you closing your SA did they send any acknowledgement?

3. Did HMRC ever send a letter to say fill your SA after closing it?

4. Share your refusal wordings that will make things more clear.

CW cant just refuse anyone like this. They have to give proper reasoning because later on when it challenged in court compensation can be claimed if they did it incorrectly.

[Aju2016]

Hi,

Please find below required details.

1. Which PEO and did you fill the form?
Solihull & I filled Set O form

2. When you told HMRC you closing your SA did they send any acknowledgement?
No they didnt sent anything, they just stopped my direct debit for NI

3. Did HMRC ever send a letter to say fill your SA after closing it?
No they didnt sent me any letters.

4. Share your refusal wordings that will make things more clear.
Actually they gave me one form to fill today at center I filled it which was about did u ever had any self employed activities in last 5 years ? for which year and are u satisfied with tax return u filled. etc I filled and submitted,

Refusal letter says "HMRC record shows that for financial year 2011/12, 2012/13 and 2013/2014 you did not submitted any tax return for income from self employed. The information held by HMRC is current as of January 2015 and your previous application due to have a tax return submitted prior to this date. On your questionnaire submitted with your application you have stated you have submitted all tax returns"


CW cant just refuse anyone like this. They have to give proper reasoning because later on when it challenged in court compensation can be claimed if they did it incorrectly.

[Aju2016]

Which PEO was it? Were you employed or self employed at the time of your ILR?

At the time of ILR application I was employed only.

[Pscloud]

Thanks

Check with your accountant that he actually filled the return you were self employed and call HMRC to confirm that your SE was closed as requested because HMRC has stopped sending class 2 NI letters and they take it from your employment however they send you a letter which tells you that they are doing this.

If HMRC confirms that your SE is closed since X number of years when you asked them to do it then get a letter from them and apply for AR. You will win your ILR in AR. When file for AR get a solicitor and a accountant to write strong covering letter BUT it all depends on the outcome of your discussion with HMRC tomorrow.

[Casa]

Class 2 NI contributions are no longer taken monthly. They are calculated when the SA is submitted.

"From April 2015, Class 2 NIC will be collected along with other self assessment tax liabilities on 31 January following the year of assessment. Thus, Class 2 NIC for 2015/16 will be collected on 31 January 2017."

[Aju2016]

Thanks

Check with your accountant that he actually filled the return you were self employed and call HMRC to confirm that your SE was closed as requested because HMRC has stopped sending class 2 NI letters and they take it from your employment however they send you a letter which tells you that they are doing this.

If HMRC confirms that your SE is closed since X number of years when you asked them to do it then get a letter from them and apply for AR. You will win your ILR in AR. When file for AR get a solicitor and a accountant to write strong covering letter BUT it all depends on the outcome of your discussion with HMRC tomorrow.

Thank Pscloud,

I have one letter from HMRC from 2013 which states "Based on the information we have we do not intend to issue further Tax returns to you in future. If your financial circumstances changes in future you must tell us immediately as this may mean you should start completin returns again."

It would be very helpful if you can please advice me exactly what I need to discuss with HMRC
I am really confused here.

Thanks,

[Pscloud]

Thanks

Check with your accountant that he actually filled the return you were self employed and call HMRC to confirm that your SE was closed as requested because HMRC has stopped sending class 2 NI letters and they take it from your employment however they send you a letter which tells you that they are doing this.

If HMRC confirms that your SE is closed since X number of years when you asked them to do it then get a letter from them and apply for AR. You will win your ILR in AR. When file for AR get a solicitor and a accountant to write strong covering letter BUT it all depends on the outcome of your discussion with HMRC tomorrow.

Thank Pscloud,

I have one letter from HMRC from 2013 which states "Based on the information we have we do not intend to issue further Tax returns to you in future. If your financial circumstances changes in future you must tell us immediately as this may mean you should start completin returns again."

It would be very helpful if you can please advice me exactly what I need to discuss with HMRC
I am really confused here.

Thanks,

Thats good . Call HMRC tomorrow and explain them the situation that your visa refused because CW thinks I am still require to submit my SA and ask them to issue you letter that you dont have to do it. Apply for AR with help of good barrister and hopefully you will be fine.

Solihull and other regional PSC dont have that many senior CW so you know the rest. Complex cases are not for PSC however in your case I would say it was poor judgement by CW.

[Aju2016]

Thanks for your help.

[Pscloud]

One question to get the facts right

The questionnaire given to you somewhere it say list the number of years you were self employed , you sure you wrote correct years?

Because if you done that incorrectly than it will be mistake on your part, but dont worry you are safe.

Have a good sleep

Regards

[Aju2016]

Hi,

I filled that questionnaire in rush, seriously don't remember now what I have filled, what to do about that now.


Thanks

[protagonist8]

Hi,

I filled that questionnaire in rush, seriously don't remember now what I have filled, what to do about that now.


Thanks

hi mate
dont worry there are many in same boat. so dont be panic .

[Aju2016]

Hi,

I just rang HMRC and they said I didn't mentioned any self employed income during my Tax return of 2012-2013 and I need to send for amendments.

So I think it's not possible to amend tax return and pay tax within 14 days of perod of AR.

Please advise me what is the best option I have got in this situation. My current visa is valid till March 2018.

[O_Relly]

"HMRC record shows that for financial year 2011/12, 2012/13 and 2013/2014 you did not submitted any tax return for income from self employed. The information held by HMRC is current as of January 2015 and your previous application due to have a tax return submitted prior to this date. On your questionnaire submitted with your application you have stated you have submitted all tax returns"

Going by the text on your refusal letter, it appears they are holding you up for what you claimed on the questionnaire vs what they were seeing on HMRC records.

I just rang HMRC and they said I didn't mentioned any self employed income during my Tax return of 2012-2013 and I need to send for amendments.

So clearly there appears to be a mismatch here and their refusal text is indeed true in some sense, although in reality there is no mention of self-employment in tax return submitted in year 2012-2013.

Am not sure if there is much that can be done in the way of AR, as from reading in the forum here, it is usually a lengthy painful process.

I recommend getting your self-employed earnings in order with the HMRC and do a fresh application. Also it is important that there is no pending tax to be paid on self - employed income.

This is just my 2 pence worth, it is still worth getting professional advice.

For your information here is a case where OP had zero tax pending but had his ILR refused because he had not filed his SAs. See,
http://www.immigrationboards.com/indefi ... 03107.html

[O_Relly]

If your income was less than £31785, then it appears there is no requirement to file a self-assessment. See this comment(click)

[Aju2016]

Thanks for your reply O_Relly, I have submitted my tax return for 2012-2013 on time in November 2013 and in March I informed HMRC I am no longer self employed than they sent me letter stating you do not need to file any tax return in future until your circumstances changes. Only mistake I did is I forgot to include SE earnings (2700£) while filing returns for 2012-2013. I have copy of that return as well with me. HMRC also confirmed they received that return but without any SE earnings. As per my situation I only need to show income of 20k

Would it be alright if I do amendment to my tax return and pay tax with panelties and interest than apply again?


Thanks,

[Pscloud]

If your income was less than £31785, then it appears there is no requirement to file a self-assessment. See this comment(click)

He is Sole Trader not running Ltd company therefore above doesnt apply to him .

I dont want you to lose hope but I dont want to keep you in dark as well. Since you have filled the questionnaire may be incorrectly and now HMRC confirmed you didnt submit SA for 2012/2013 on time there are very less chances your AR will be successful.

HOWEVER if you have a registered accountant who is responsible to do all this and failed doing this, provide you a covering letter and admit his/her mistake then situation will steer more on positive side. Also if your accountant admits the mistake then you need to make the formal complaint to ACCA with his membership number and also to financial ombudsmen. This is your only hope.

[O_Relly]

If your income was less than £31785, then it appears there is no requirement to file a self-assessment. See this comment(click)

He is Sole Trader not running Ltd company therefore above doesnt apply to him .

Thanks for pointing out Pscloud.

[nethu82]

hi,
it was sad to hear that your ILR been rejected. however if you were a director in that period you have to submit your SA100 either you didn't exceeds Tax threshold or not. with dividend tax credit and minimum tax threshold you don't have to pay tax up to £31,785, however still you are liable to submit your SA100.

I am chartered accountant, when some client register a company, we register director for the SA at the same time. that is the rule. so it is not valid that accountant said you didn't want to. so i suggest that it is better to submit all your SA100 backward. it is totally legal.

just check following link. you can find whether you need to submit Self Tax Return for yourself
https://www.gov.uk/check-if-you-need-a-tax-return/y

[Aju2016]

Hi,

Can anyone please advise me what is process of AR, and what exactly happens in AR, are we allowed to send any more documents in AR or we just need to apply online?



Thanks,

[vinny]

See also AR.

[nethu82]

hi aju,
i can't send Pm through my account. just PM your issue with your email address.
thanks.

[noajthan]

hi aju,
i can't send Pm through my account. just PM your issue with your email address.
thanks.

Advisable to post in public, that way more responses can be gained and advice can be cross-checked and verified.

Inviting direct PMs simply encourages all sorts of unverifiable approaches and dubious offers of various 'services' from all sorts of people, scammers and the like.

[Aju2016]

hi aju,
i can't send Pm through my account. just PM your issue with your email address.
thanks.

Advisable to post in public, that way more responses can be gained and advice can be cross-checked and verified.

Inviting direct PMs simply encourages all sorts of unverifiable approaches and dubious offers of various 'services' from all sorts of people, scammers and the like.

I understand the what you are trying to say but I need help of Chartered Accountant that's why asked for PM