Tax amended dormant company during extension ILR application

[ez_1234]

Hi guys,

Quite surprised by the number of tax amendment cases while trawling through various topics and forum. I received a letter like so many others asking to fill up a questionnaire and inviting me to submit sa302 and tax year overview with audited/unaudited company accounts. Got this letter before few days.

My case - I was self employed during initial HSMP application. IT - Education consultant. 2010-2011.

Extension - Self-employed + Company director 2012-2013 with income from self-employed and dividends from company shown during my extension.

Amendment Issue is My tax year for company was from 1 Jan 2012 to 31 Dec 2012 but my visa 12 month income period was from 1 April 2012 - 31 March 2013 for extension. Because my regular accountant was not Acca approved I had to do my tax filing for visa from a different accountant. So everything in place for 1st March 2012 - till 31 December 2012. For some reason my company account was shown as dormant from 1st Jan 2013 to 31st March 2013 the period for which I had shown my income during my extension. So I had to amend figures for those three months.

My company was functional till I applied for ilr in may 2016 and again I have shown part of my income from that + Salary. While preparing documents for visa I just had a cursory check on old sa302 and found some discrepancy. Then back tracked and figured out where the issue really was. Immediately cancelled my peo and applied for by post in may2016 and in the meantime got the tax amended.

I couldn't believe my eyes from the posts I have seen on this forum where so many applications are rejected primarily due to oversight and genuine mistakes.

For me HMRC didn't provide updated sa302 although it has been 11 months since I updated the record and paid all the remaining tax etc. But I been in touch with them couple of days ago and presume they will send me revised returns.

Any advice on what could be done, if anything at all to ensure successful application is much appreciated.


Seen few posts by handle monty87, mk_engr and couple other who fought their cases in jr. any advice from these guys would be invaluable.

[ez_1234]

Will anyone respond to this? Should I post somewhere else?

[BSatti]

Hi,

My husband is in the same boat. His ILR based on Tier 1 was rejected because of tax amendments. He applied for AR which got refused, he then applied for JR permission which was refused on paper and now we are waiting for oral hearing which is next week. Meanwhile all this, he completed his 10 years and he applied again for ILR (LR), yet to get any decision on the application.

I have done a lot of research on tax amendments and it seems like there is no definite way to get a successful application. It differs from case to case. Some have been successful as you mentioned, however decision is pending for most of the cases.

[ez_1234]

Thanks to the reply never visited this blog to read your reply. Almost two years now. Have you guys got the ilr? I hope you did. Ours is in appeal ftt to be heard next month.

[Manigee]

Hi
My ILr was refused because of tax amendments with appeal right. I gave enough documents to convince the judge that it was an innocent mistake and I have rectified the issue well before my application. My appeal was allowed.
So you need to send as many documents as you can to prove that it wasn’t a deliberate mistake. Hopefully you’ll be ok

[ez_1234]

Thank you for the reply. My appeal was allowed and ILR granted this month.

[jafersadeq]

Thank you for the reply. My appeal was allowed and ILR granted this month.

Congratulations,

I wonder about the period between your visa refusal and your appeal success, will the Home Office ignore the overstaying period?
Will that affect you your future applications?

Thanks

[CR001]

Thank you for the reply. My appeal was allowed and ILR granted this month.

Congratulations,

I wonder about the period between your visa refusal and your appeal success, will the Home Office ignore the overstaying period?
Will that affect you your future applications?

Thanks

If a visa/ILR is refused and appeal rights are given and exercised, section 3C protection kicks in so there is no overstay.

This is well documented and posted on the forum.

[ez_1234]

@jafersadeq yes like CR001 mentioned 3C doesn't break when in country right of appeal is granted. But due to an earlier out of time application of set O and subsequent variation to Set LR my 3C did break and I stopped working since my refusal. Hence initial DL and subsequent ILR. However I assume mine was an unique circumstance as set O out of time was due to a valid reason.

[ez_1234]

Thank you for the reply. My appeal was allowed and ILR granted this month.

Congratulations,

I wonder about the period between your visa refusal and your appeal success, will the Home Office ignore the overstaying period?
Will that affect you your future applications?

Thanks

Thank you @jafersadeq yes like CR001 mentioned 3C doesn't break when in country right of appeal is granted. But due to an earlier out of time application of set O and subsequent variation to Set LR my 3C did break and I stopped working since my refusal. Hence initial DL and subsequent ILR. However I assume mine was an unique circumstance as set O out of time was due to a valid reason. So technically they didn't overlook the overstay period but because of valid reason and circumstances ILR given. I thought HO was very fair in their assessment of application or that I was very lucky to be granted ILR.