Should I panic?

[joebloggs]

I'm applying via WP, HSMP, ILR.

I sent my application through the NCS on 17/09/10. For some reason my fees payment didn't go through so I paid them over the phone when I received my acknowledgement letter on 23/09/10.

I called the HO a few days ago and my application is still being processed. This concerns me greatly because, going by the recent timelines, pretty much all applications have been approved about 12 days after the payment was taken.

I suppose my biggest concern is that I haven't sorted out my tax for a few years because I have been in a bit of financial trouble. I have always intended to sort out those taxes and pay them eventually. I suppose I have taken a big risk by sending the application in prior to sorting out my tax affairs.

Has anyones application taken a longer time than usual and then been approved?

Can they reject me on the basis of being years behind in my tax affairs?

Any thoughts on the likelihood of approval?

If I am rejected would they just tell me I have to sort out my tax affairs before I reapply or would they say I cannot apply again for a 10 year period or something?

[avjones]

From the HO's internal guidance on citizenship:

The Secretary of State must be satisfied that the applicant is of good character on the balance of probabilities.

To facilitate this, applicants must answer in full all questions asked of them on the application form for naturalisation or registration as a British citizen to inform the assessment of good character. They must also inform Nationality Group of any significant event (e.g. such as a criminal conviction) that could have a bearing on the good character assessment.

As for tax, I assume you're self-employed? Otherwise it would be PAYE.

the guidance states:

7.6 Self-employed applicants, persons of independent means and sole representatives (tax)

7.6.1 Caseworkers should request the latest Self-Assessment Statement of Account from applicants who only just satisfy the minimum residence requirements of three or five years and who qualified for entry previously as:

c) Before 30 June 2008 through self-employment routes, namely::
i. Highly Skilled Migrant Programme

d) After 30 June 2008 - Tier 1 of the Points Based System from 30 June 2008.

One of those is you, I presume.

As for checking up on it:

7.6.2 The application form provides permission for caseworkers to contact the HM Revenue & Customs direct if necessary. Applicants should be expected to produce this information within three weeks of request, but a longer period may be allowed provided an acceptable reason can be given for the delay (e.g. because the company has been in existence for too short a time). Where the information is not produced within a reasonable period the application should normally be refused.

7.6.3 Caseworkers would not expect to naturalise persons who have deliberately failed to pay the taxes and contributions for which they are liable, especially where fraud or dishonesty is involved. If there is any doubt, a police interview should be considered (see below). Care should be taken to discriminate between “avoidanceâ€

[joebloggs]

Thanks for the detailed response avjones.

I said I am employed in the application because I became employed soon before I applied. However, most of the time prior to this I was self-employed.

As far as the tax office is concerned though, they probably do not know that I am employed.

Perhaps this would explain why my application is taking so long.

What do you think my chances are of success?

[avjones]

I don't know, sorry. As far as I can see, though, you will be refused under the guidance.