ILR due July 2016

[kirankhalil75]

HI Everyone

I need some advice.

I came in UK in 2011 and granted Tier 1 G on overseas earning.

In 2013 Applied for & Granted Tier 1 G extension ( 35K+)

26000/- Employment
12000/- Drawn Dividend as Director of Ltd Company.

Paid all corporation tax on time. (£2800/-)

Never Applied for URT Number and never file Self Assessment.

After seen so many refusal and meeting/consultation with a solicitor....... I Applied for UTR Number and file Self Assessment in March 2016. No tax due, No Penalties

I have no Tax Amendments nor any Tax Due. I was self employed as Director of Ltd Company only for one year 2012/13.

The only mistake that i didn't file self assessment / Tax Return on time in 2013, as my previous account never advice me do so nor i have enough knowledge to apply for UTR Number and file Tax Return.

I got Letter from Corporation Tax Department for tax in 2014 and i paid straightway and nothing outstanding . i have letter from HMRC Corporation Tax Department that all my tax matters are up to date and nothing outstanding.

I have also seen some refusal on the base that Home Office/PEO's have HMRC database till Jan 2015, so its mean if anyone submit his/her tax return after Jan 2015 then Home Office/PEO's wont be able to view that.

Now i am totally confused what to do ?

Shall i go for Same Day or Apply by Post ?


Regards,

Kiran

[sandy85]

I am also looking for someone who can confirm, if it's true that Home Office/PEO's are only referring to HMRC database till Jan 2015

[sandy85]

This has been answered in below FOI request that HO case worker do not have direct access to electronic access to information held by another government department. They make request to HMRC seeking for that information.

It would be helpful, if someone else can confirm this.

https://www.whatdotheyknow.com/request/ ... 7.pdf.html

[kirankhalil75]

HI Sandy

whats your case ?

also did you find some one who could answer this ?

if it's true that Home Office/PEO's are only referring to HMRC database till Jan 2015

[longhorn]

I don’t think “they have access to HMRC database till Jan 2015” makes a lot of sense. I don’t claim to be cent percent correct on this but from what I understand, they have access to the same online self-assessment portal that you have access to. If you file your self-assessment through an accountant, he/she can have access to the same self-assessment area that you’d have access to. If the self-assessment you filed is showing on your HMRC online account, it should show under UKVI’s login as well. The problem is that if you amend a self-assessment that was already previously submitted, HMRC makes the amendments manually and don’t post these updates in their online system. I believe this is what led to people believing that they only have data up to January 2015 because the amended amount doesn’t show on HRMCs online system. The FOI link above is from May 2015 and I believe things have changed since then. Have a look at point 1.

https://www.gov.uk/government/uploads/s ... rk_-_2.pdf

[kirankhalil75]

HI longhorn

Thanks for reply.

i have seen many refusal as Home Office have access to HMRC database till JAN 2015.

for example:--
Re: ILR Refused @ PEO - LTD Company Director
Postby devdl » Sat Apr 30, 2016 11:52 am

Hi @AML
I to had a an appointment on 29th april for Ilr(tier 1 general) and it has being refused under paragraph 245CD, they said they checked the HMRC records Jan 15 and according to them i haven't filled my SA for the following year (2010,2011-12, 2012-13, 2013-14) but according to my accountant i do not need to file SA as below threshold. I applied my personal UTR number in Nov 2015 and in Jan 2016 i apllied for SA for the following years (2010,2011,2012,2013,2014,2015) and as well attached the copies of SA till 2016.I also attached CT600 for the aboe following years and paid all the taxes for the following years.I have to apply for AR by 11th of May and my Visa is getting expired on 18th of May 2016.Please provide me the guidance as you are as well under the same circumstances and what documents need to be attached for AR.
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also if you could see of this picture, its clearly says that Home Office data till Jan 2015.

[kirankhalil75]

and by

Postby thiruuk » Sat May 28, 2016 6:30 pm

Hi All! I applied for ILR on 27-5-16 in Croydon PEO with all previous sa302. This application is fully based on employment earnings. But they refused by saying "your application for ILR is refused under paragraph 245CD (B)with reference to paragraph 19(j) in appendix A and 322(5) general grounds of refusal."

I never done any amendments only declared late even though I declared my company accounts on time.
Case worker blindly/repeatedly saying your provided document not matching my system. I interfered and asking are you accusing me that this Sa302 is forged? but he is keep on telling I'm not saying this document forged..I'm saying this is not on my system.

I completely fed up with this decision and stressed. What to do I'm standing in the receiving end. Please help me how to go forward

[longhorn]

Thanks for the clarification. It appears that I was under the wrong impression that they have access to the self-assessment portal. It’s really strange of them that they are accusing others of dishonestly instead of updating their own data. If something doesn’t match up in their system, they should call HMRC and check. Let’s see what experienced people say about your case but could you please keep us updated on the progress.

Thanks

[kirankhalil75]

Hi everyone

Could you please advice me what shall do in my case ?

i am due to apply ILR in few days.

thanks

kiran

[triamphuntdd]

Hi everyone

Could you please advice me what shall do in my case ?

i am due to apply ILR in few days.

thanks

kiran

Hi KiranKhalil,

I believe you were about to apply for your ILR in July. Have you already done so ? how have you decided to go with your application ? Postal or PEO ?

One of a close friend is in the same boat as yours. He claimed dividends for initial grant of Tier 1 but accountant said that his dividend income was not in higher threshold so he didnt file a tax return because he wasnt registered as self employed. His extension and current application is on full PAYE and following advice from his current accountant, he's recently filed his return for the period of initial grant. His case otherwise is very strong as he's been continually working on PAYE for last 5 years and his pay is well over his 35K threshold. As he and you both are almost in similar situation, could you please shed some light on whats the best approach in your view for his application. And if you have already applied, the outcome of your application please ? I will highly appreciate it. Kindly reply as soon as you get a chance as he needs to apply soon.

Kind Regards