ILR : Income declaration

[Neo001]

Hi, i have been following this form for few months and cannot seem to find the answer to my specific question hence I am opening this topic.
Details about my situation:
I am an Indian national and I am a British citizen's civil partner. My 5-year route to ILR completes on Feb 2019. I recently came across ILR applications being refused because of non-filing/late filing of SA (self-assessments).
My partner earns £30,000/annum and I am a director of my Ltd Company and just take a salary of £25,000/annum. I never understood personal tax implications and have only just been made aware that i need to file SA every year as a director of a Ltd company. My Ltd company was formed on 09/2014 and i have never filed a SA. I have not taken any dividends for the past year. All other taxes for my Ltd company is perfect except my personal SA.
My question is : is it wise for me to file all the late SA now and current SA before Feb-2019 (time of application for ILR) or should i leave it? I say leave it because the last time i extended my spouse visa for 2.5 years, i was still a director of the same company and was earning a salary, they never questioned it at the time and granted the 2.5 year visa. When filling application form at that time i simply put Operation Manager and my company name.
I have no problem filing all the SA but i don't want to be refused ILR because i filed SA late.

Please Help.

[dontringthebell]

Filing SA and getting your affairs in order with HMRC will only help your case in the long run. You should consider yourself lucky that HMRC haven't yet issued any penalties or counter penalties, which could put a mark against your name. That could be far more worse.

When you have paid the tax you shouldn't worry and simply file SA, it's merely a statement to state how you stand over the year gone by with your own tax matters. I'm sure your accountant if you have one would be of help. Above all it's the law and every self employed person has to do it.

You would be required to provide documentation for ILR with relation to your tax matters, and at the citizenship stage HO does a complete Background check with a government agencies and departments.

[Neo001]

Thank you very much for the advice, I appreciate it. I will be getting in touch with my accountants this week. I only realized this when I read in the newspaper that a scientist's ILR has been refused due to late SA.

Now once I have filed my SA and paid the amount dues and penalty. How does HO see my Spouse ILR case?. Is there a chance of rejection because of the late SA and penalty?.

Should I get a solicitor to look at my application?

Anybody had any case like this?.
Late SA on record and spouse ILR?

Please help.

[dontringthebell]

Thank you very much for the advice, I appreciate it. I will be getting in touch with my accountants this week. I only realized this when I read in the newspaper that a scientist's ILR has been refused due to late SA.

Now once I have filed my SA and paid the amount dues and penalty. How does HO see my Spouse ILR case? Do you mean your spouse or your application as a spouse of a British citizen?. Is there a chance of rejection because of the late SA and penalty?. I suggest you get this cleared ASAP. Also, when you make the application mention the same happened in genuine error and you settled immediately. As this is the first time and if you explain convincingly, HMRC might as well revoke the penalty. Your accountant should know that. There is no clear direction, there are people fighting such cases and their people where HO didn't flinch an eye.

Should I get a solicitor to look at my application? you can always do that, but he cant make it any better is what I think

Anybody had any case like this?.
Late SA on record and spouse ILR?
I was in a similar situation not same though. british-citizenship/regarding-hmrc-pena ... 55356.html

Please help.

[Neo001]

Hi
Thanks for your input. To answer your questions:
Do you mean your spouse or your application as a spouse of a British citizen?
It’s my application as a spouse of a British citizen.

I spoke to my accountant and he has now registered me for a UTR, once that comes through I can file the SA. Out of the 2 years of SA due only the latest SA will have some dividends , the first year will be nil submission.

It was a genuine mistake on my part. I never knew of this and now I feel so scared.
I was busy building my business and paid hundred of thousand in company taxes to HMRC but never realised SA.

[dontringthebell]

Hi
Thanks for your input. To answer your questions:
Do you mean your spouse or your application as a spouse of a British citizen?
It’s my application as a spouse of a British citizen.fine

I spoke to my accountant and he has now registered me for a UTR, once that comes through I can file the SA. Out of the 2 years of SA due only the latest SA will have some dividends , the first year will be nil submission.it doesn't matter whether you take dividend or not, SA is to declare what happened over the last year and must be filed.

It was a genuine mistake on my part. I never knew of this and now I feel so scared.
I was busy building my business and paid hundred of thousand in company taxes to HMRC but never realised SA. one way is to declare in a cover letter what happened, when you apply for citizenship.

[Neo001]

Hi,
i read it in one of the topic where someone advised that if the financial requirement is met by Spouse's income then you need not mention your income. Is that true?

I am a British citizen's spouse and due to apply for ILR next year in Feb. My partner earns 28k/annum and i earn 25k/annum. Do i have to mention my income if i meet their financial requirement through my spouse's income?.


I will really appreciate any help.

[Casa]

Hi,
i read it in one of the topic where someone advised that if the financial requirement is met by Spouse's income then you need not mention your income. Is that true? Yes

I am a British citizen's spouse and due to apply for ILR next year in Feb. My partner earns 28k/annum and i earn 25k/annum. Do i have to mention my income if i meet their financial requirement through my spouse's income?. No


I will really appreciate any help.

[CR001]

Topics Merged (click)

[Neo001]

Hi,
i read it in one of the topic where someone advised that if the financial requirement is met by Spouse's income then you need not mention your income. Is that true? Yes

I am a British citizen's spouse and due to apply for ILR next year in Feb. My partner earns 28k/annum and i earn 25k/annum. Do i have to mention my income if i meet their financial requirement through my spouse's income?. No


I will really appreciate any help.

Thank you for your help.

But will they do checks on my record as normal despite not providing any of my income details?.
I have filed a late SA for 2 years, they were all nil payments but I am afraid if that will affect my ILR (British Spouse FLR (M)). application.

Thank You

[Neo001]

Hi
So I had a meeting with an immigration solicitor and he advised me that the case worker will only be concerned with my British Spouse’s earnings and that it meets the minimum financial requirements. The case worker will not be concerned with my earning (unless my spouse don’t meet the financial requirement , which he does). I mentioned him about my late SA for 2 years and he said that because it is not a criminal offence they cannot refuse my ILR under the good character requirement.
Now I have read posts here on this forum where people’s ILR have been refused because of filing late SA but they have all been Tier 1 applicants. I have not read one case where a British spouse bing refused under sec 322 or good character.
Does that mean I can breathe a sigh of relief?.
I filed my Late SA to HMRC and I owed them less than £5 in tax but they sent me a penalty of £1500 purely based on filing late SA. I will speak to my accountants if we can appeal this.
My ILR is due feb 2019. Any experience or advice will be highly appreciated.

Thank you

[aman90]

I filed my Late SA to HMRC and I owed them less than £5 in tax but they sent me a penalty of £1500 purely based on filing late SA. I will speak to my accountants if we can appeal this.

Self assessment reminders are sent out to home address six months before submission every year. This is also something that your accountant should have advised you and submitted on your behalf as the company is responsible for paying directors/employee tax. In the end the onus is on us not the accountants. Fingers crossed, all will be well!