TIER1 General Refused for late SA filing

[siri25]

Hi,

I am new on this forum, I am director of a limited company., Applied for ILR via Tier-1 general route on 7th July 2016 for the same day at croydon and been refused for late filing of SA for the year 2011-2012 i..e.. before i applied for ILR. i have applied for AR but same decision stayed. I have inbetween shifted to permanent job and all taxes been takencare of accountant who didnt inform me of SA filing which i am not aware of as i entered to UK in 2011 itself and my mistake as well of not knowing about SA and being blind as accountant is informing of payment of taxes... In 2015 i have shifted to new accountant wherein he checked and informed me that SA was not filied and as soon as i came to know after he explained of Self Assesment and through online paid... I have applied again on 26th july 2017 a fresh application with Sa302 and again they refused saying i wantedly done SA for the sake of ILR... and the earnings are not genuine...

My query is what are the chances in JR and please guide me some points to go further.

Thanks ,
Siri

[teddy0409]

You have good chance of winning the JR, If you can..
(1) Prove that the late tax filing was not done for the purpose of ILR but found by the accountant during your scheduled meeting, as you have explained
(2) Show that you have voluntarily disclosed the taxes before any government body prompting you, such as HO or HMRC
(3) You are not a person of bad character and it is an one off mistake
(4) You have not amended the tax at any time but it was a mere lateness
(5) As the name suggests, it is the Self Assessment (SA), So blaming an accountant for the mistake will not be taken in to account, unless until you have paid the money for taxes to your accountant and he have failed to pay to HMRC

[siri25]

Thank you for giving me good advices, I agree... What you said is rite about accountant, can't fault things on him...
Genuine reason was that I was not really aware of SA... So gathering proofs as much as I can to prove it.
Kindly please suggest any other proofs would be strong for the JR..

Thanks & Regards,
Siri

[teddy0409]

• Call to HMRC and get a letter stating you have not amended your taxes but it is late
  Get a letter from your current accountant stating that SA was submitted after their meeting with them
  Involve your MP, Ask him to write the Immigration Minister and HO to get their view about your refusal, This will sometime give a clear insight about 'What is the stand of HO about you'
  Be as transparent as you can

[Apollo12]

Hi mate , I'm in same boat as you are but I have manual tax calculations for PE2011 and HMRC won't process them as they are out of date , but confirmed that manual tax calculations are equivalent to sa302 and also confirmed in letter that there were no amendments made and I did not have any tax liability.
I have few questions
Are you a limited company director?
did you have any tax liability after sa submission? did you pay all tax?
Did you take all sa302's to peo croydon in 2016?
Did they ask you for additional information in peo before rejecting your application?
Did they ask you for accountant letter to support what you're saying?
Did you close the company?
Have you applied on 10 years ILR when you made a fresh application or was it set o?

[siri25]

• Call to HMRC and get a letter stating you have not amended your taxes but it is late
  Get a letter from your current accountant stating that SA was submitted after their meeting with them
  Involve your MP, Ask him to write the Immigration Minister and HO to get their view about your refusal, This will sometime give a clear insight about 'What is the stand of HO about you'
  Be as transparent as you can

Hi,

I have taken the letter from HMRC that i have not amended and submitted with my application as well SA302 but he says and remains on same refusal decision saying that i filed SA only for the purpose of ilr. I have to gather some more documents to prove out of genuine reason i have filed late but not for ilr.

Regards,
Siri

[siri25]

Hi mate , I'm in same boat as you are but I have manual tax calculations for PE2011 and HMRC won't process them as they are out of date , but confirmed that manual tax calculations are equivalent to sa302 and also confirmed in letter that there were no amendments made and I did not have any tax liability.
I have few questions
Are you a limited company director?
did you have any tax liability after sa submission? did you pay all tax?
Did you take all sa302's to peo croydon in 2016?
Did they ask you for additional information in peo before rejecting your application?
Did they ask you for accountant letter to support what you're saying?
Did you close the company?
Have you applied on 10 years ILR when you made a fresh application or was it set o?

Hi,

1- Yea, I am a director of Limited Company.
2- I have no tax submission after SA filing. Yes, I did paid all taxes.
3-Yes i did.
4-Sent me questionaire and replied back to HO with my tax details.
5-They didnt ask for anything.
6- Yea, I did closed it in 2013 as i went to permanent job.
7-I have applied on 5years ILR and its fresh application Set O.

Regards,
Siri

[siri25]

Hi,

Does anyone has been through similar case like mine...

Can any further documents require for the case to be strong.

Please suggest me in this regard.


THanks & Regards,
Siri25

[siri25]

• Call to HMRC and get a letter stating you have not amended your taxes but it is late
  Get a letter from your current accountant stating that SA was submitted after their meeting with them
  Involve your MP, Ask him to write the Immigration Minister and HO to get their view about your refusal, This will sometime give a clear insight about 'What is the stand of HO about you'
  Be as transparent as you can

Hi,
I have seen the below details of yours in this forum...
can you please help me out what documents have to be submitted for the JR...
Can i get the details on xxxxxxxxxxxx as the time frame to decide is very less to gather information... its a xxxxxxxx id hoping to hear from you.
Update : Successful JR- Full Hearing Quashed HO decision and deemed unlawful
Visa Category: ILR Tier 1 (General)
2. Application By Post/PEO: PEO - 27/05/2016
3. Further Documents Provided Date:03/06/2016
4. Date and Reason For Refusal: 26/06/2016 - 322(5) Late Tax Submission
5. Admin Review submission Date:03/July/ 2016
6. Admin Review Refusal Date:28/July/2016
7. Admin Review Refusal Reason Same/Different: New refusal letter with same 322(5)
8. PAP Submission Date and Refusal: 30/08/2016
9. Acceptance/ Refusal Date: Refused in PAP - ?/Oct/2016
10. Filed JR - 28/10/2016
11. JR Response - Refused in Papers on 06/04/2016
12. JR Oral Hearing - Successful (Approved Permission) 31/08/2016
11. Status on JR: Awaiting HO Response to take the case to full hearing
12. Full Hearing - Successful - JR Quashed HO Decision - 12/04/2018

[siri25]

You have good chance of winning the JR, If you can..
(1) Prove that the late tax filing was not done for the purpose of ILR but found by the accountant during your scheduled meeting, as you have explained
(2) Show that you have voluntarily disclosed the taxes before any government body prompting you, such as HO or HMRC
(3) You are not a person of bad character and it is an one off mistake
(4) You have not amended the tax at any time but it was a mere lateness
(5) As the name suggests, it is the Self Assessment (SA), So blaming an accountant for the mistake will not be taken in to account, unless until you have paid the money for taxes to your accountant and he have failed to pay to HMRC

HI,

Could you please suggest what documents you have kept as proofs in JR.

Regards,
Siri

[teddy0409]

• Letter from accountant explaining why you are late in filing and what steps were taken to rectify the mistake
  Letter from HO confirming no amendments were made and it was a voluntary disclosure
  Your Self witness statement explaining in detail that your intention is not to mislead Govt. departments but it is a mere oversight
  All other SA's showing you have submitted in time

All the very best

[siri25]

• Letter from accountant explaining why you are late in filing and what steps were taken to rectify the mistake
  Letter from HO confirming no amendments were made and it was a voluntary disclosure
  Your Self witness statement explaining in detail that your intention is not to mislead Govt. departments but it is a mere oversight
  All other SA's showing you have submitted in time

All the very best

Thank Q... Will make sure to take both the documents...
Can I please contact you to get more details of the solicitor and barrister...

Regards,
Siri

[CR001]

Can I please contact you to get more details of the solicitor and barrister...

You don't have the means to contact any members other than posting publicly (and posting of solicitors details in not permitted). All the sneaky ways you have already tried to post your email address in other topics has already been removed, which means it is unlikely you will get access to the privilege of the PM function.

[teddy0409]

You will not be able to make personal correspondence until you reach 30 posts
Kind Regards

[teddy0409]

Please read as
Letter from HRMC confirming no amendments were made and it was a voluntary disclosure
[/quote]

[siri25]

You will not be able to make personal correspondence until you reach 30 posts
Kind Regards

I know... But have less time to take any decision
xxxxxxxxxxxxx... if you don't mind Please kindly request you to send the deails...

[CR001]

You will not be able to make personal correspondence until you reach 30 posts
Kind Regards

I know... But have less time to take any decision
xxxxxxxxxxxxx... if you don't mind Please kindly request you to send the deails...

You will be banned from the forum if you persist in not following the rules. Posting of personal contact information is NOT permitted.

[siri25]

You will not be able to make personal correspondence until you reach 30 posts
Kind Regards

I know... But have less time to take any decision
xxxxxxxxxxxxx... if you don't mind Please kindly request you to send the deails...

You will be banned from the forum if you persist in not following the rules. Posting of personal contact information is NOT permitted.

I am sorry...

Regards,
Siri

[teddy0409]

I know... But have less time to take any decision
xxxxxxxxxxxxx... if you don't mind Please kindly request you to send the deails...

Dear Siri25,
We all were in your situation once, But answering personally will stop the rest of the needy from accessing the reply, Any questions If you raise here will be answered by myself or by any of the senior members, Which will also benefit the other forum members who have similar issues,
Regards

[siri25]

Please read as
Letter from HRMC confirming no amendments were made and it was a voluntary disclosure

[/quote]

Yea Sure. I have already taken the letter from HMRC Stating there are no amendments and filed with my Application.... HO removed that point and stood on late SA filing and refused my Application...

Have to take accountant letter as suggested by you and proceed with JR...

Thanks & Regards,
Siri

[siri25]

I know... But have less time to take any decision
xxxxxxxxxxxxx... if you don't mind Please kindly request you to send the deails...

Dear Siri25,
We all were in your situation once, But answering personally will stop the rest of the needy from accessing the reply, Any questions If you raise here will be answered by myself or by any of the senior members, Which will also benefit the other forum members who have similar issues,
Regards

Hi,

I understand, As Visa already expired i was worried taking all stress...
I know people who got through ilr were once in the same situation, as already faced problems with two of the solicitors thought i would go with the one who already dealt this kind of similar case.
anyways sorry for the inconvience ...

Regards,
Siri

[siri25]

I know... But have less time to take any decision
xxxxxxxxxxxxx... if you don't mind Please kindly request you to send the deails...

Dear Siri25,
We all were in your situation once, But answering personally will stop the rest of the needy from accessing the reply, Any questions If you raise here will be answered by myself or by any of the senior members, Which will also benefit the other forum members who have similar issues,
Regards

Hi,

I understand, As Visa already expired i was worried taking all stress...
I know people who got through ilr were once in the same situation, as already faced problems with two of the solicitors thought i would go with the one who already dealt this kind of similar case.
anyways sorry for the inconvience ...

Regards,
Siri

Only Accountant letter or anyother documents required for the JR..?
I have already taken SA302 and no amendments letter...
Anything else you suggest apart from this...

[teddy0409]

Nothing much you could do to prove your oversight in form of documents,
Be as transparent as you could to the Judge,
Accountant letter should contain maximum details as possible especially 'What happened with your previous accountant' and 'Why he couldnt able to submit in time',
Apart from Judge, Nobody could discharge HO accusing you of 'Submitted Tax only for ILR',
If your grounds are strong then Judge could see this as a mere accusation from HO and quash the decision as unlawful

[siri25]

Nothing much you could do to prove your oversight in form of documents,
Be as transparent as you could to the Judge,
Accountant letter should contain maximum details as possible especially 'What happened with your previous accountant' and 'Why he couldnt able to submit in time',
Apart from Judge, Nobody could discharge HO accusing you of 'Submitted Tax only for ILR',
If your grounds are strong then Judge could see this as a mere accusation from HO and quash the decision as unlawful

Hi,

Thanks for the information.
Will difintely take the letter in brief from Accountant as mentioned by you.
Its been a great help. Thanks a lot once again.

Regards,
Siri.