Set LR

[Check01]

Hi all

Your valuable advise much needed. I applied for a set lr on a premium service from tier 1 general £40k annual . What was submitted to HO
2010 2011 March 31st profit and loss accounts 26k on self employment
But the tax was filed for 19k as i purchased a car for 7k on the 2nd april which i included as cost which was exported and sold in the next tax year 2011 2012. I got my tier 1 general. I made a massive loss in 2011 2012 as three of the cars were sold by my partner and the money was pocketted by him. I stopped exporting cars and focused on consultation work during 2012 2013 where i earned 19k self employment which was submitted to the hmrc althou the previous loss was brought forward. I got my etension in this year. The consultation work ceased in 2013 2014 and 2014 2015 and i was focussing on the employed work which was less than £40k. I am not too worried about the discrepancy at the first year as the cost did incur and it was accounted for in the next year. But the years that i didnt make 40k, is that going to be an issue?

[zidane]

as it currently stands they are refusing such applications but as long as you have things in order and can prove your point you should be ok ,, people with straightforward cases have been refused due to tax involved which they have later gone on to win through JR ,mainly.

[Check01]

Thank you very much for your response Zidane

I am concerned about the discrepancy in the first year with the HO to HMRC. The loss i made in the second year and not being able to hit the £40k threshold and then not being able to meet the threshold after my extension was granted. It looks like there is likelihood of a rejection? Can anyone help on what can be done sort this?

[Check01]

I came to the UK as a student in September 2005 and got in to Tier 1 General in 2011 under £40k earnings threshold.

I applied for a Set LR last Tuesday and the case worker held my documents for further checks where I also had to fill in a questionnaire on self employment and so on.

I was able to show £40k in my initial application and got my visa for Tier 1 which was based on self employment and PAYE. I paid the tax on the self employment earnings i showed to the HO - although I included a cost of the car in that tax year which reduced my net profit for that tax year - which would result in a discrepancy. However the sale of that car was captured in the next tax year, so in accounting terms and tax terms my accountant said it is not an issue and no amendments needs to be made.

I however I made a loss in the 2nd tax year and stopped doing car export business. in the 3rd tax year i did some consultation work as self employment and PAYE and earned £40k which was submitted to the HO and got my extension in 2013. I then focused on my fulltime employed job and was not able to meet the £40k threshold. I was not aware or not aware if it is compulsory to earn £40k through out the 5 years even thou you are applying on the 10 year basis. I am not sure the on the outcome of this?

Your valuable thoughts and comments are welcome please.

[Nzekells]

First, I don't know much about T1 General. But I am somewhat uncomfortable with the way your write-up is sounding. You made an application for ILR based on Long Residence. Did it occur to you that a LR ILR appl does not at its core, require all the info you packed off to them? Has it occurred to you that they might have needed you to fill in a questionnaire (though it can come naturally too) because of the not-really-needed info you gave them?
Do you realise that sometimes, 'less is more'? You didn't need to provide those info, especially when you knew they weren't complication-free. It's more like handing them your weak points on a platter. The HO is known to increasingly put their foot down on such matters these days.
Yes, there is a Section 120 notice on the Set LR form, which requires more info when appropriate. But just like the meaning of the section requires, you only provide info why you should be in the UK, points that strengthen your case. The LR appl is a HR application, and completely non PBS. You seem to have muddled the two.
I will suggest preparing for all possible outcomes. Hopefully it wouldn't be an issue. Some people have gone on to win even after refusal.

[Check01]

Thanks Nzekells for your response.

Thats correct I was been advised by my solicitor that I did not require to provide extra information other than the set lr documents and I followed her advice. I am not sure just after reading all these horror stories in the forum if the CO will treat my case similarly too.

Is it a requirement to earn the threahold all 5 years although you are not going through that route and applied through the 10 year route?

[Nzekells]

I don't think its a requirement. And it shouldn't be with good legal reason. But that obviously depends on the funnel-route incidents. For eg if one is suspected for deception during the Tier 1 period directly preceding an ILR appl, it holds immediate value. But that is simply because one is foul of immigration rules, and not because one couldn't fulfill all the requirements of the prior route. In other words, so long as one is up to date with one's reporting and fiscal duties showing genuine business efforts, one should be fine.