ILR LR questions (SET O refused), Help!!!

[sifanaeem]

Hi all,

I got my Tier 1 General on 5th April 2011 and then switched to Tier 2 General in Sept 2012 and then renewed my Tier 2 in Nov 2014. I'm eligible to apply for ILR on 8th March 2016, so this would combine 1 1/2 years of Tier 1 and 3 1/2 years of Tier 2.

I have a discrepancy in my Tax returns when I was self employed when getting the Tier 1 G back in 2011. I had mistakenly combined the income and losses from 2010-11 and 2011-12 in to the same tax return, (http://www.immigrationboards.com/indefi ... 03652.html) now I know this is wrong.

My question is, given that I have contacted HMRC to amend this (regardless of they agree to amend it or not), I would really like to avoid mentioning this amendment in the PEO questionnaire. As this would prompt them to dig deeper.

So should I go for a PEO or Postal? will they dig it anyway in the Postal application regardless of me mentioning anything about self-assesment (the self assessment is outside my 5 year qualifying period and now I'm with a Top tier company for Tier 2 G)

Thanks for your help.

Sifan

[sifanaeem]

To reiterate the tax discrepancy was due a lack of knowledge in the UK tax system, not an effort to avoid tax or mislead.

[sifanaeem]

Any help on this post would be highly appreciated...

[f317633]

Go for postal application mate. That's the best bet.

[noajthan]

Hi all,

...

My question is, given that I have contacted HMRC to amend this (regardless of they agree to amend it or not), I would really like to avoid mentioning this amendment in the PEO questionnaire. As this would prompt them to dig deeper.

So should I go for a PEO or Postal? will they dig it anyway in the Postal application regardless of me mentioning anything about self-assesment (the self assessment is outside my 5 year qualifying period and now I'm with a Top tier company for Tier 2 G)

Thanks for your help.

Sifan

Tax issues don't just go away by themselves.

Based on other members' recent reports its clear such applications are scrutinised rigorously anyway, (regardless of how someone applies).
ie according to HO's own internal practices and procedures.

[rizarifpk123456]

It is recommended to use postal application in your case.
And do inform HO about this matter and explain of your ignorance about this discrepancy in the return, as this will help you later if (God-forbids) anything goes wrong due to this matter in case you dint mention it.
So better play safe rather than omitting this information and hoping that case worker will overlook this matter.

[sifanaeem]

Thanks guys,

In case I decide to go same day, in the ILR questionnaire, Q 9:
9. Are you satisfied that the SA tax returns submitted to HMRC accurately reflected your income? If not, why not and what further action have to taken to address it?

After I have amended my tax returns can I answer to this question as Yes I'm satisfied with the accuracy.
or should I say, No and then say that I have amended it later?

Thanks

[sifanaeem]

Hi all,

any thoughts on my question above.

Thanks

[Casa]

Thanks guys,

In case I decide to go same day, in the ILR questionnaire, Q 9:
9. Are you satisfied that the SA tax returns submitted to HMRC accurately reflected your income? If not, why not and what further action have to taken to address it?

After I have amended my tax returns can I answer to this question as Yes I'm satisfied with the accuracy.
or should I say, No and then say that I have amended it later?

Thanks

"HMRC accurately reflected your income". No, because they weren't accurate. Amended later.

[screenprint]

How much your income drooped, as my Friend was in same position as yours but no question was asked in PEO ( Croydon ).

In My Friend case it was only £1500 out of £22000 for self employed.

Hope this will help !

[sifanaeem]

Hi all,

I went to Croydon yesterday and got a refusal under 322(5) for not declaring the full income at the original tax return, so basically they are saying they refused it for late amendment.
I'm still waiting on HMRC (since 03rd March 2016) to do amendments, they did send me a letter with when I wrote to them and since when they have been looking at it.

I didn't submit any Self Employment records with my application, case worker called me after 1 hour and asked me to fill the questionnaire and requested all the documents, after listening to me explanations she said ok and when away, 3 hours later came back with the refusal saying the senior case worker refused it. She also said I'm lucky my current Tier 2 was not curtailed as she suggested it to the Senior case worker and they refused to curtail. They returned only the passport and the BRP.

She also said that even if I had everything amended with HMRC and taxes paid, she would have still refused for late amendments, she said I should have done it at the time not 2 months before the ILR application. And the letter also says that they considered my reasons and they are not accepting my reasons.

(please read my other threads I have before asking related questions)

http://www.immigrationboards.com/indefi ... 03652.html
http://www.immigrationboards.com/indefi ... 85055.html
http://www.immigrationboards.com/igener ... 05334.html
http://www.immigrationboards.com/indefi ... 09680.html

I contacted an lawyer/immigration advisor who said I have no chance of rectifying this via AR or PAP but will more likely to get a positive result in JR after I have paid all the taxes and settled my HMRC accounts. But I have to go through AR, PAP to get to JR or if not if won't look good. (also his charges were very tasty, that might be why he wants me to go through the full process)

Cheers



Cheers

[kirankhalil75]

HI sifanaeem

Sorry about your refusal, could you please write exact wording of refusal.
also

What question were asked from caseworker ?

[sifanaeem]

If you read my other threads, my 5 years consists of 1.5 in T1G anand 3.5 in T2G.
I submitted my application but withheld all self employment an SA docs as I didnt want them to go in to it. As my self employment work was before T1G, to obtain it. Not during.
But the caseworker came back in abt 90 mins and said: I see you were self employed, do you have sa302? Do I know the figures and then asked me to fill the questionnaire. At this point I wrote in it and explained to her and gave her all supporting documents I sent HMRC to amend my taxes. She was focusing on the point that i was doing this in 2016 but didnt do it on 2011. She asked 3 times about it and then disappeared for 2 hours and came back with a refusal under 322 (5) for being deceitful and dishonest to either HMRC by not paying tax or to the HO by making up income to gain points. The caseworker was not ready to listen and for everything I said she kept on going on saying: if you think I made a mistake then go for Admin review. I think she said that abt 8 times.

After I came home and read the refusal again and again, I realised that it had a 3 mistakes.
1. They claimed I had "amended" my tax returns in 2016
2. And submitted a copy of the amended return with my application.
These 2 points are incorrect as although I had written to the HMRC to amend it, they were yet to get back to me. So I dont know what the case worker was on about.

3. She had mentioned my profit for the following year was 15k but what told them was that it was a 15k loss. So they got that wrong as well.

Day after my appointment I finally heard back from the HMRC saying my taxes are inorder, although i have combined the 2 tax years together separating them wouldnt make any difference to the tax due from me. And they wont be amending as it was unnecessary. I had to go for my PR before HMRC got back to me as I wrote to them end of Feb and they kept on changing the deadline they would come back to me and my company was makinh redundancies.

I went to an immigration advisor and he recommended a lady solicitor who recently won a student deportation case and a famous barrister who won the hsmp case, whos name resembles a famous singer from a young band. He charges 2.5k per 1 court date including vat. These prices were too high. So I went for AR with a lady solicitor in Kingsbury whos husband is a barrister who can represent me if we go to JR.

Cheers

[Ron101]

Hi Sifanee,

I think your case based on refusal is same as me. I paid my taxes and clear everything last month and given up to date paper work to HO but they still refused it based on why I didn't pay in 2011.

Now case worker asked me I am referring to your case to senior case worker and you can go for AR but I told her know because chances are very very less in AR. I was only thinking that time for JR and fresh postal application.

Please let me know your outcome as soon as you get it

After all tax paid and updated and still got refusal, of course I Didi this year only but before the application.

Please let me know on this. I also posted my questions on other post but still need to her from senior members or anyone who is same disaster. Thanks

[sunny_sunny]

@Sifanee
Did you submit you accounts through your accountant or self?
If it is accountant mistake, then you can force him to accept the blame. He will lose his license for any false advice.

[sifanaeem]

@Sifanee
Did you submit you accounts through your accountant or self?
If it is accountant mistake, then you can force him to accept the blame. He will lose his license for any false advice.

He is a good friend of mine, who has a small firm. I don't want to throw him under the bus.

[sifanaeem]

Heard back from HO AR team yesterday, they sent a letter to my solicitor asking for the document HMRC sent me after my PEO appointment (attached). we had mentioned this on the AR form. So that's exactly after 3 weeks of submitting the AR.

Hopefully they will overturn the decision...

[longhorn]

Heard back from HO AR team yesterday, they sent a letter to my solicitor asking for the document HMRC sent me after my PEO appointment (attached). we had mentioned this on the AR form. So that's exactly after 3 weeks of submitting the AR.

Hopefully they will overturn the decision...

Thanks for the information. Please keep us updated on the issue. A friend of mine is also going through a similar issue.

[ILR2015-2016]

[quote="sifanaeem"]Heard back from HO AR team yesterday, they sent a letter to my solicitor asking for the document HMRC sent me after my PEO appointment (attached). we had mentioned this on the AR form. So that's exactly after 3 weeks of submitting the AR.

Hopefully they will overturn the decision...[/quote

Hi Sifanaeem,

thats good news. I believe you'll get the +ve results very soon.
can i ask if your amendments has been done now,means updated on HMRC system?

[sifanaeem]

Dear

Please read the whole thread before asking questions.

"Day after my appointment I finally heard back from the HMRC saying my taxes are inorder, although i have combined the 2 tax years together separating them wouldnt make any difference to the tax due from me. And they wont be amending as it was unnecessary."

Many Thanks

[sifanaeem]

Hi,

My AR has now been refused and they have maintained the original decision.

They have not addressed the 3 mistakes they made in the original refusal:

1. They claimed I had "amended" my tax returns in 2016
2. And submitted a copy of the amended return with my application.
These 2 points are incorrect as although I had written to the HMRC to amend it, they were yet to get back to me. So I dont know what the case worker was on about.
3. She had mentioned my profit for the following year was 15k but what told them was that it was a 15k loss. So they got that wrong as well.

Day after my appointment I finally heard back from the HMRC saying my taxes are inorder, although i have combined the 2 tax years together separating them wouldnt make any difference to the tax due from me. And they wont be amending as it was unnecessary.

They still claim I didnt rectify the mistake, but HMRC have said in the letter I gave as evidence in the AR that I'm not due any more tax and the tax record wouldn't be amended as there is no reason to do so.

[sifanaeem]

Hi all,

My apologies as this is bit long with lot of questions. Any help from the experienced people here and the lovely admins will be highly appreciated.

I was refused my ILR (set o) for tax discrepancies back in May 2016, I'm currently going through the JR process to overturn the decision (obviously I believe HO was wrong to refuse me).
My Tier 2 is still valid and will expire in Nov 2017, same for my 2 dependants. As they didn’t curtail my Tier 2 visa I can still work.

From what I have read I can't work beyond the expiry as my 3C doesn't get carried forward as my SET O was refused.
1. Is the above statement correct?

I'll complete my 10 years in August 2017, so I can apply for ILR via LR before my current visa expires.
My understanding is this ILR is also more than likely to get refused due to the same reason as the last one.
2. Is the above statement correct?

My plan is to apply for ILR via LR around Oct 2017, so that even if it gets refused my 3c will be protected while the appeal is heard and I can continue to work.
3. Is the above statement correct?

If I do apply for ILR via LR, and it gets refused, (my son was born in the UK and my wife will complete 5 years as Tier 2 dependant in Oct 2017)
4. what visa should I apply for my 2 dependants while I go through the appeal?
5. Can my wife work in that visa category?

If my ILR via LR is granted, (I think my son then can register to be British)
6. what visa do I apply for my wife?
7. does this reset her 5 years she has been here?

8. What are my option if my ILR LR is refused without 3C?
9. Can it be refused without 3C?

Thank for reading (and replying)

[ilrguide2]

Hi,

How can your ILR be refused on tax discrepancies as you are on tier 2 and its your employers responsibility to pay your tax?, where you on tier 1 prior to tier 2 and working as a self employed?

[sifanaeem]

Yes, sorry forgot to mention, my SET O was made up with 1.5 years in Tier 1 and 3.5 years in Tier 2.

The issues is with how I initially got my Tier 1 back in 2011.

Sorry about the confusion.

[ilrguide2]

I don't now much about tier 1, i think the moderators are the best people to help you out