ILR Refused due to tax amendment

[fraz]

Dear members,

My ILR app has been refused.
The reasons were:
1. Declaration of wrong self assessment for 2010-11 at time of initial Tier 1 General app in 2011.
2. Spent more than 90 days (126) days outside tge UK

On my questionnaire I received from UKVI I had attached the updated SA302 (tax calculation), proof of payment I am paying by installments as agreed by HMRC. I also attached letter from my accountant who confirmed this amendment was done mistaknly by him.

But UKVI says an accountant cannot make a mistake even when accoutant owned their mistake. It is totally biased decision from UKVI.

Could you please advise me best solution and argument to win

Thanks to all of you who give their valuable time for betterment of other on this forum.

Sincerely,

[Casa]

The Case Worker will have questioned why it has taken you 6 years to amend your 2011-12 tax return and whether this was only done in order to obtain ILR.

[fraz]

I can understand UKVI don't want to grant visa even on a very minor peace of doubt. I would like to have your arguments in reply to win my case pls

[Casa]

Read through the numerous threads on the forum where members have been refused ILR due to tax amendments.

[Wanderer]

But UKVI says an accountant cannot make a mistake even when accoutant owned their mistake. It is totally biased decision from UKVI.

You are responsible for signing off your accounts and tax records, not the accountant. It's the law, the same for anybody so it's unfair to accuse the UKVI of being biased.

The error is yours, you did not exercise due dilligence.

[sm12]

Sorry to hear about this.
What did the accountant say with regards to the error?
Also, how major were the changes you made?

[sm12]

Also, for how long were you actually outside the country? Is there calculation correct?

[fraz]

Hi everyone,

First of all thank you for your feedback.

In my case I had two amendments. The first amendment was done mistankly by the accountant for which I was totally unware. Accountant wrote on letter for UKVI it was done by staff member mistakenly. I came to notice this in 2016 before my ILR app was submitted. I did not reviewed or signed this amendment so how can I be held responsible for this mistake? Moreover, when your accountant have authority to access your HMRC account online, they can just change anything without your sign kr knowledge.

The second amendment was done in 2016 by myself when I reviewed my tax history before applying for ILR.

I had spend 126 days outside the UK between Aug 2011 to Dec 2011. After that I was outsude the UK for 35 days between Aug 2013 to Sep 2013.

Hope, this will give you more idea of my situation.

Sincerely

[sm12]

I think that you cannot stay out of the country for more than 180 days in any 12 month period.
Not sure about this rule about 90 days applied to naturalisation, not indefinite leave to remain.

Here the period has been clearly stated as 180 days:
https://www.gov.uk/government/uploads/s ... -v15.0.pdf


As for the amendment, you should refer to the accountant's letter which confirms that it was an error on the part of his/her team, and that you did not sign the amendment.
Also, would you have met the requirements of the initial visa with the amended figures?
Or would the amount that was submitted as your income for that period not been enough to qualify you for the initial visa? If it would have been enough, then you can say that you would have met the requirements either way and that the amendment was therefore not for the purpose of the getting the visa.

[fraz]

Dear sm12,

Great help and solid points. Thanks for your comments buddy.

Sincerely,

[fraz]

Dear sm12,

I have just checked that amended return is way below my income requirement.

I would greatly appreciate feedback from all senior members.

Regards,