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Attn: ILR self employed applicants

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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teddy0409
Member
Posts: 159
Joined: Thu Mar 03, 2011 10:54 am

Attn: ILR self employed applicants

Post by teddy0409 » Tue Jul 05, 2016 1:12 pm

Dear ILR Applicants,
Hope you are doing fine and good luck with your application,
Please make sure you have correct tax records SA302 with HMRC which corresponds with HO,
If you are a self-employed person, and If you have made any amendments or late filing for any of the qualifying period for Visa, Please ensure you have a receipt received from HMRC showing when your amended/late tax return was submitted,
If you have submitted your returns online, Then you will have a IR Mark (The IR Mark is a software program that helps the taxpayer prove whether the online submission held by HMRC is correct), Please take a print out of this IR Mark and submit with your visa application, If possible with a accompanying letter from your acting accountant,
Finally, With out fail provide a reason why you have amended or late in filing the tax return,
This will limit your chances from receiving 322(5) [General ground for refusal under person of good behaviour and conduct]
Kind Regards,
Anan
If Not We, Then Who?

jibon
Newbie
Posts: 32
Joined: Sat Jun 18, 2016 12:31 am

Re: ATTN: ILR SELF EMPLOYED APPLICANTS

Post by jibon » Wed Jul 06, 2016 4:26 am

Nice post.

But I have seen many people already applied the way you advised but they got refused.

teddy0409
Member
Posts: 159
Joined: Thu Mar 03, 2011 10:54 am

Re: ATTN: ILR SELF EMPLOYED APPLICANTS

Post by teddy0409 » Wed Jul 06, 2016 8:36 am

You are right Jibon,
Showing the reason 'Why we have made a late tax return or amendment' will eliminate one possible reason towards HO refusing under 322(5), In my case HO is not bothered about I have done my tax returns late but they have refused me for not providing the reason for late submission, Different case bear different outcome, Hope this helps, Regards
If Not We, Then Who?

Check01
Newly Registered
Posts: 10
Joined: Sat Jun 25, 2016 7:13 pm

Re: ATTN: ILR SELF EMPLOYED APPLICANTS

Post by Check01 » Wed Jul 06, 2016 1:02 pm

Hi teddy

When you say any amendments for the qualifying period of the visa. does it have to be for the whole period of visa granted? for example although you apply for a set LR based on 10 years route. given in that 10 years you have tier 1 general that covers 5 years and let's say you do not meet the income threshold criteria in some of the years you do not disclose to the HO.

In simple terms do you have to earn the given income threshold for all 5 years granted under tier 1 general regardless of route you apply from?

teddy0409
Member
Posts: 159
Joined: Thu Mar 03, 2011 10:54 am

Re: ATTN: ILR SELF EMPLOYED APPLICANTS

Post by teddy0409 » Wed Jul 06, 2016 2:12 pm

Dear Check01,
The qualifying period is the period where you have claimed points for your earnings through PBS,
For Example, 2010-11 and 2012-13 in my case,
No need to worry about the years with out income, But please ensure the HMRC records are update for the years you are not working,
(In some cases, HMRC will produce estimated tax calculations for the unearned years based on the previous earning years and we need let them know that there are no activities for that year and make the statement Zero)
If Not We, Then Who?

Check01
Newly Registered
Posts: 10
Joined: Sat Jun 25, 2016 7:13 pm

Re: ATTN: ILR SELF EMPLOYED APPLICANTS

Post by Check01 » Wed Jul 06, 2016 2:31 pm

Hi Teddy

Thank you very much for that piece of very useful information. I am on the same years as you are and awaiting on a response from them. I have a discrepancy in my initial application although this was the advise that i got from my Accounting before making the tax submission - The accountant has a valid explanation to back it up. Although i will include this explanation along with the amendment if i was refused.

Please please keep us posted on your progress.

All the best

silentwarrior
Newly Registered
Posts: 11
Joined: Fri Apr 29, 2016 3:31 pm

Re: ATTN: ILR SELF EMPLOYED APPLICANTS

Post by silentwarrior » Wed Jul 06, 2016 4:51 pm

teddy0409 wrote:Dear ILR Applicants,
Hope you are doing fine and good luck with your application,
Please make sure you have correct tax records SA302 with HMRC which corresponds with HO,
If you are a self-employed person, and If you have made any amendments or late filing for any of the qualifying period for Visa, Please ensure you have a receipt received from HMRC showing when your amended/late tax return was submitted,
If you have submitted your returns online, Then you will have a IR Mark (The IR Mark is a software program that helps the taxpayer prove whether the online submission held by HMRC is correct), Please take a print out of this IR Mark and submit with your visa application, If possible with a accompanying letter from your acting accountant,
Finally, With out fail provide a reason why you have amended or late in filing the tax return,
This will limit your chances from receiving 322(5) [General ground for refusal under person of good behaviour and conduct]
Kind Regards,
Anan

Hi Teddy

Thank you very much for this info.

I have done the amendments for 2010 and 2013 of about 3K.
All rest were paid in due time. I have therefore now amended all those discrepancies.
My Question is: I have received a tax calculation (from HMRC) with both old and new (calculation) in same page.

I am now very worried if I should send this documents to HO, with my postal application? I have contacted with HMRC and was advised that due to Home Office's request they are not able to send this (revised calculation) in one page anymore.

I have requested Tax year overview from HMRC which states that the full tax has been paid with interest but obviously it does not show the breakdown of each tax year.

I am so confused about this taxation and balance of payment process (by HMRC) from the very beginning. Once rectified, i made sure full amendments are done (few months ago), but its a shame that it was late. Whatever my accountant prepared earlier, i just blindly paid it. Now I have also paid 2015-16 tax as well cause now I know how this tax return works. I am not sure whether this latest payment can somehow justify that, we the people, have realized the mistake and willing to overcome it as there is no dishonesty is involved.

I am sure many other applicants would agree on this.

May I please ask what should I submit now to Home Office?

I really need an advise.

Many thanks.

NB: Dear Admins, if my above write up need to be posted as a new thread, please kindly advise me : and i do apologies for this in advance.

teddy0409
Member
Posts: 159
Joined: Thu Mar 03, 2011 10:54 am

Re: ATTN: ILR SELF EMPLOYED APPLICANTS

Post by teddy0409 » Wed Jul 06, 2016 6:17 pm

Dear SilentWarrior,
Senior members might able to give detailed advice on your query,
In my opinion, I have not seen any active businessman in UK paying the 2015-16 tax this early, As the paper filing deadline is 31 Oct 16
and online return is 31 Jan 17, Its not wrong paying the tax earlier but its bit unusual,
I personally think Homeoffice could not influence about revised calculation from HMRC to be sent in a certain way unless I am wrong,
Please refer to the following post, it may give an insight about giving details about your Tax affairs to HO,

http://www.immigrationboards.com/indefi ... 12487.html

Please be as honest as you can to Homeoffice. If you require to submit the document from HMRC as you have received, Please provide a cover letter detailing what is what to the caseworker,
In this way you have higher chances of covering yourself if you need to challenge Homeoffice,
I pray for your successful application,
Kind Regards,
Anan
If Not We, Then Who?

silentwarrior
Newly Registered
Posts: 11
Joined: Fri Apr 29, 2016 3:31 pm

Re: ATTN: ILR SELF EMPLOYED APPLICANTS

Post by silentwarrior » Wed Jul 06, 2016 9:45 pm

teddy0409 wrote:Dear SilentWarrior,
Senior members might able to give detailed advice on your query,
In my opinion, I have not seen any active businessman in UK paying the 2015-16 tax this early, As the paper filing deadline is 31 Oct 16
and online return is 31 Jan 17, Its not wrong paying the tax earlier but its bit unusual,
I personally think Homeoffice could not influence about revised calculation from HMRC to be sent in a certain way unless I am wrong,
Please refer to the following post, it may give an insight about giving details about your Tax affairs to HO,

http://www.immigrationboards.com/indefi ... 12487.html

Please be as honest as you can to Homeoffice. If you require to submit the document from HMRC as you have received, Please provide a cover letter detailing what is what to the caseworker,
In this way you have higher chances of covering yourself if you need to challenge Homeoffice,
I pray for your successful application,
Kind Regards,
Anan

Dear Anan,

Thank you so much for your valuable input.

As my partial income in comes as Self employed Contractual Research (contract Nov 2015 - March 2016) hence whatever income was made from April 15 to 16, I thought to file it. As this has to be paid anyway, in January 2017. I thought better to be cleared off from this headache and lessen any future errors.

I completely agree with you as this might not necessarily influence HO at all. But I am very confused on what to submit with my application?

Should I explain everything in a letter and also provide manual tax calculations with both original and amended details?

or should I just don't mention anything at this moment, unless until HO asks for this. People does post their different views and therefore would seek your's and Admin's advise as a guideline.

Thank you again.

teddy0409
Member
Posts: 159
Joined: Thu Mar 03, 2011 10:54 am

Re: Attn: ILR self employed applicants

Post by teddy0409 » Thu Jul 07, 2016 2:33 pm

Dear Silentwarrior,
Please provide as much information as you can to Homeoffice in the application stage itself,
Providing additional information will always work in your favour,
Seek your accountants advice (Manual Calculation) and receive a detailed split up in a way it matches with your PBS earnings shown to Homeoffice and the tax return submitted to HMRC,
Don't be in rush to submit your application if you have additional days utilise it to provide seamless information to Homeoffice,
All the very best,
Anan
If Not We, Then Who?

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