ILR Application Dilemma - PEO or Post ?

[motoaxis]

Hi

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

[tier1extend]

Hi All

I am also in a similar situation as AML2015 wrt not filing SA for 2011. Congratulations to AML2015 for your JR success.

here is my story

Applied Initial Tier1 application -Oct 2008 ( Outside UK). Was issued visa until 15 Oct 2011
Though I entered only around 10th Sept 2011. Immediately applied for extension using ALL foreign earnings with tax deducted at source in USA. Was issued visa until Oct 2013.

Left UK immediately after getting the BRP. So in all i was in UK for around 7 days. ALL OK till then

Came to UK to attend an interview in Nov 2011 . Opened a Ltd company on the same day as i was close to secure a contract. Unfortunately that didnt work and hence left UK in 3 days itself.

Eventually came back to UK for good in May 2012. worked as a permie until Oct 2012.
Since Nov 2012, i have contracting using the Ltd company opened in Nov 2011 .

My accountant filed my company returns for Nov2011-Oct2012 as dormant as it never traded in that period.

My next 2 extensions were fairly smooth in Aug 2013 & Feb 2015. Now i have a visa valid until March 2018.
My plan is to apply ILR in Feb 2017. i will be using Feb2012- Feb 2017 as my residential window. I believe i use some of 180 days allowance to cover the initial absence.

Now the all important bit (TAX affairs !)

1. My accountant has properly filed SA for 12-13, 13-14, 14-15, 15-16 . No amendments etc.
2. All company tax returns filed on time. VAT paid on time each time

My only problem is we haven't filed SA for 2011-2012. My accountant keeps saying you don't need to file as there was no PAYE income in UK , the company was dormant.

Based on the rejections regarding SA, i am now concerned if i should file paper based returns for 2011-2012
or should i apply without it and clarify my situation.

I dont want Home office to blindly impose deception clause if i file the SA just before ILR.

any thoughts will be really appreciated

[masterpeas]

Employment history and any P60s help CW to understand employment period for the 5 year period and a good way of checking previous Tier1 applications for implications of PAYE or SE tax/NI issues.

Not mandatory but good have!, Citizenship naturalisation forms asks for this, so this will come in handy!

Thanks,

hi Argus7,
can you please explain more about citizenship naturalisation requirements? why will they need to see 5 year employment history? even for ILR we only provide recent 12-month employment history (of course based on all previous filings satisfactory as well)

will naturalisation look at the level of income all the past years>?

many thanks!

[noajthan]

Naturalisation is not as simple as applying for a visa.

Its up to 10 year work history not 5.
That's just one element of good character test.

[sidsays]

Hello Everyone

Hope you all are doing well.

I am currently in a dilemma about whether to apply for my ILR (+ Dependent ILR) in person at the PEO or by post, and would be grateful if you could pour in your suggestions based on your experience either first hand or through knowledge via this forum.

Current Situation

PEO appointment booked for 13 Feb 2016 (Solihull) (As a backup)
Tier 1 Visa expiry - 04 March 2016 (same for dependent)
Employment - LTD Company Director (initial + extension + current ILR application)
Initial T1 - March 2011
Extension - Feb 2013

ILR qualifying period - Feb 2011 to Feb 2016 (28 days prior to 04 March 2016)

I have all documents in place for the application, but reading through forums about the SA302's and the HO checking for self assessment history and income, I have an outstanding SA to be processed by HMRC for 2011(considering I am claiming as February 2011 as the start of my ILR qualification period). I realized this last week and asked my accountant to be prepare them ASAP but unfortunately since they are outside the 4 year window, they can only be submitted as paper based assessments to HMRC. I have sent these submissions to HMRC on 14 Jan 2016 (to ensure I have covered my back to avoid being rejected under the deception clause and hence sent them prior to my ILR application).

Up until a couple of weeks back, SA for myself were only submitted for 2014 and 2015 (registered for SA as I received a letter from HMRC to be registered as I took extra dividends in 2013 to pay off my home mortgage, so went over the income threshold of £31865). Prior to that the accountant advised me that I do not need to register for SA since my income was below the threshold. (I agree I shouldn't blame the accountant and should have known for myself about SA,but genuinely you wouldn't not trust your accountant considering they have better knowledge of tax laws and hence they charge money to clients to sort out their tax submissions and issues).

Anyways, last week my accountant prepared all pending SA's and now my HMRC profile shows SA calculations and no outstanding payments for the years 2012,2013,2014 and 2015 (4 years out of 5). I have also called up HMRC to send me a letter to confirm my SA history along with my employment history.

To add, my LTD company taxation history is clear with all taxes paid prior to time (interest received from HMRC for every year for early payment), along with PAYE and VAT, but I guess it does not matter now due to the SA talk to up. I have received repayment for SA from HMRC for 2015 due to paying extra tax, but I am sure the case worker would not be impressed by the SA brownie points. I am guessing they would still be keen on seeing the SA302 for 2011. (I was hoping I could submit the covering letter + SA submissions which I sent to HMRC on 14 Jan 2016 as a proof that it is under review).

The options I think I have are,

1. Apply in PEO on 13 Feb 2016, and hope to be lucky considering I have all the paper work required except the SA302 for 2011. The caseworker might either reject it or put it on hold for further checks. (Considering I submit the docs which I sent to HMRC last week for 2010 and 2011 submissions as a proof that I realized my mistake and in the processing of correcting it). Its unlikely that I will receive a letter within the next 3-4 weeks from HMRC to confirm that they have received my SA submissions for 2010/11 and are processing it.

2. Apply by post closer to 04 March 2016, and once I send the application then chase HMRC regularly hoping they would process my outstanding SA's (2011) prior to HO reviewing my ILR application.

In both instances I have to play it by luck, but unsure which is the safest route forward. HO did not ask for any SA's or P60's during the initial T1 and extention applications, but are seeking for them now during ILR. This does not make sense. If required then they should clearly mention it in the policy guidance to ensure people are walking on the right path, rather than learning about new requirements and surprises through first hand experiences shared by people on such forums.

I have read posts by people that they have been granted ILR without the submission of any SA302's previously even after being a LTD company director, where they have only submitted company accounts and letter from an accountant detailing their earnings for the last 5 years. I am guessing it all depends on the caseworker assigned to your case and your luck.

Any thoughts from members on my situation would be highly welcomed.

Thanks

Salam alley kum brother, I see that you have successfully won your case, I m in similar situation I was wondering if you can help me.

[sidsays]

Hi

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

Hi, how did you get on. Did you go for J R what was the outcome.

[gbptier1general]

Hello Everyone

Hope you all are doing well.

I am currently in a dilemma about whether to apply for my ILR (+ Dependent ILR) in person at the PEO or by post, and would be grateful if you could pour in your suggestions based on your experience either first hand or through knowledge via this forum.

Current Situation

PEO appointment booked for 13 Feb 2016 (Solihull) (As a backup)
Tier 1 Visa expiry - 04 March 2016 (same for dependent)
Employment - LTD Company Director (initial + extension + current ILR application)
Initial T1 - March 2011
Extension - Feb 2013

ILR qualifying period - Feb 2011 to Feb 2016 (28 days prior to 04 March 2016)

I have all documents in place for the application, but reading through forums about the SA302's and the HO checking for self assessment history and income, I have an outstanding SA to be processed by HMRC for 2011(considering I am claiming as February 2011 as the start of my ILR qualification period). I realized this last week and asked my accountant to be prepare them ASAP but unfortunately since they are outside the 4 year window, they can only be submitted as paper based assessments to HMRC. I have sent these submissions to HMRC on 14 Jan 2016 (to ensure I have covered my back to avoid being rejected under the deception clause and hence sent them prior to my ILR application).

Up until a couple of weeks back, SA for myself were only submitted for 2014 and 2015 (registered for SA as I received a letter from HMRC to be registered as I took extra dividends in 2013 to pay off my home mortgage, so went over the income threshold of £31865). Prior to that the accountant advised me that I do not need to register for SA since my income was below the threshold. (I agree I shouldn't blame the accountant and should have known for myself about SA,but genuinely you wouldn't not trust your accountant considering they have better knowledge of tax laws and hence they charge money to clients to sort out their tax submissions and issues).

Anyways, last week my accountant prepared all pending SA's and now my HMRC profile shows SA calculations and no outstanding payments for the years 2012,2013,2014 and 2015 (4 years out of 5). I have also called up HMRC to send me a letter to confirm my SA history along with my employment history.

To add, my LTD company taxation history is clear with all taxes paid prior to time (interest received from HMRC for every year for early payment), along with PAYE and VAT, but I guess it does not matter now due to the SA talk to up. I have received repayment for SA from HMRC for 2015 due to paying extra tax, but I am sure the case worker would not be impressed by the SA brownie points. I am guessing they would still be keen on seeing the SA302 for 2011. (I was hoping I could submit the covering letter + SA submissions which I sent to HMRC on 14 Jan 2016 as a proof that it is under review).

The options I think I have are,

1. Apply in PEO on 13 Feb 2016, and hope to be lucky considering I have all the paper work required except the SA302 for 2011. The caseworker might either reject it or put it on hold for further checks. (Considering I submit the docs which I sent to HMRC last week for 2010 and 2011 submissions as a proof that I realized my mistake and in the processing of correcting it). Its unlikely that I will receive a letter within the next 3-4 weeks from HMRC to confirm that they have received my SA submissions for 2010/11 and are processing it.

2. Apply by post closer to 04 March 2016, and once I send the application then chase HMRC regularly hoping they would process my outstanding SA's (2011) prior to HO reviewing my ILR application.

In both instances I have to play it by luck, but unsure which is the safest route forward. HO did not ask for any SA's or P60's during the initial T1 and extention applications, but are seeking for them now during ILR. This does not make sense. If required then they should clearly mention it in the policy guidance to ensure people are walking on the right path, rather than learning about new requirements and surprises through first hand experiences shared by people on such forums.

I have read posts by people that they have been granted ILR without the submission of any SA302's previously even after being a LTD company director, where they have only submitted company accounts and letter from an accountant detailing their earnings for the last 5 years. I am guessing it all depends on the caseworker assigned to your case and your luck.

Any thoughts from members on my situation would be highly welcomed.

Thanks

Hello,
As u mentioned it is all case to case.Totally depends on all the changing rules around the UKI &HO.
But it was more likely that they would put on HOLD till u come up with the HMRC SA2011 update. This was because they have made all things online & more regulated. So, they expect everything updated.

Even if u apply PEO, it is more likely that they put on hold & then wait till the SA update come up.
If you are desperate in speed, try PEO& ball is in their side.
But if u want a long lasting solution considering the factors of British passport in future, postal is recommended as it settles all the dust & makes Neutralization easier in near future.