Tax returns for tier-1 status , when you apply for ILR

[benneviss]

My one of friend applied for ILR at PEO , he was asked to provide tax returns for the first time he applied for Tier-1 and there after extension .

He provided with tax returns and tax he had paid but his file has been kept and he is now waiting for a decision .

Has any body came across this before or it is a new thing HO are now asking ?

I know that people had shown different figures when they applied for Tier-1 or extension and filed returns with lower figures to avoid (showing expenses etc.) any tax .

Is HO now coming after who had shown different figures to HO and HMRC during their Tier-1 status?

[benneviss]

34 views no reply ?

My one of friend applied for ILR at PEO , he was asked to provide tax returns for the first time he applied for Tier-1 and there after extension .

He provided with tax returns and tax he had paid but his file has been kept and he is now waiting for a decision .

Has any body came across this before or it is a new thing HO are now asking ?

I know that people had shown different figures when they applied for Tier-1 or extension and filed returns with lower figures to avoid (showing expenses etc.) any tax .

Is HO now coming after who had shown different figures to HO and HMRC during their Tier-1 status?

[crusador0408]

Did you do that too? If not, Why are you worried about that?
If yes, I may not provide you any suggestion in that case because UK BA may have tax figures although I doubt they check so much stuff.

In my experience, all she checked quickly was app form, pics, salary slips, absences, bank statements. She did not even look at P60's, HMRC letter or additional documents.


I suggest you can call HMRC and they will send you a letter with employment history for last 4 years. Provide that along with P60's, you should be more than requirements.

[benneviss]

My friend was on Employment + Self employment ,

When he was asked for further documents , I was of the opinion that HO are now asking for proof that whether you have filed return with same figures on which you got your visa.

Did you do that too? If not, Why are you worried about that?
If yes, I may not provide you any suggestion in that case because UK BA may have tax figures although I doubt they check so much stuff.

In my experience, all she checked quickly was app form, pics, salary slips, absences, bank statements. She did not even look at P60's, HMRC letter or additional documents.


I suggest you can call HMRC and they will send you a letter with employment history for last 4 years. Provide that along with P60's, you should be more than requirements.

[settlehere]

Yes!
My friend had an appointment at Croydon and he was asked to do that too. Basically P60s for the year he applied for ILR.

I have managed to gather that information now, My case is a bit complex but I have the original docs, so should be fine.

Do you know which PEO was this at ?

[benneviss]

P-60 is only good when you are employed ,

but if you are self employed or director of own company then you need to show company account or self assessment return filed with HMRC.

I think those who have not paid tax or discrepancies in their figures with HO and HMRC will have a tough task ahead.

Yes!
My friend had an appointment at Croydon and he was asked to do that too. Basically P60s for the year he applied for ILR.

I have managed to gather that information now, My case is a bit complex but I have the original docs, so should be fine.

Do you know which PEO was this at ?

[Kevin24]

Yes!
My friend had an appointment at Croydon and he was asked to do that too. Basically P60s for the year he applied for ILR.

I have managed to gather that information now, My case is a bit complex but I have the original docs, so should be fine.

Do you know which PEO was this at ?

If you look at SET O form it says they can ask for any documents. Have all the documents ready and give what they ask for. Then yoiu could explain to the CW.

[benneviss]

That was in liverpool

Yes!
My friend had an appointment at Croydon and he was asked to do that too. Basically P60s for the year he applied for ILR.

I have managed to gather that information now, My case is a bit complex but I have the original docs, so should be fine.

Do you know which PEO was this at ?

[[iD]]

That was in liverpool

Yes!
My friend had an appointment at Croydon and he was asked to do that too. Basically P60s for the year he applied for ILR.

I have managed to gather that information now, My case is a bit complex but I have the original docs, so should be fine.

Do you know which PEO was this at ?

From what I heard, Liverpool don't deal with Self Employed. They usually get the documents and send them to other PEO for processing.
Pretty much exactly what happened in your friend's case I guess.

[Kevin24]

That was in liverpool

Yes!
My friend had an appointment at Croydon and he was asked to do that too. Basically P60s for the year he applied for ILR.

I have managed to gather that information now, My case is a bit complex but I have the original docs, so should be fine.

Do you know which PEO was this at ?

From what I heard, Liverpool don't deal with Self Employed. They usually get the documents and send them to other PEO for processing.
Pretty much exactly what happened in your friend's case I guess.

Thank You for letting us know. If they were to process and do further checks they will send the application to Durham. It may be processed like a Postal Application. This was told by a Solicitor to me.

[benneviss]

Thanks Guys for your reply ,

But we are missing a point here ,

Is HO now coming after who had shown different figures to HO while applying for a visa and HMRC after getting visa ? If that is yes then
I can tell you that this is going to affect more than 10,000 people .

Having said that if people had done this , what are their chances in court of law ?

Can they submit a new return or pay all taxes due or else ?

I am at the opinion that HO can not stop you to get ILR unless it is a immigration breach or criminal record . And I cant see here either of this.

That was in liverpool

Yes!
My friend had an appointment at Croydon and he was asked to do that too. Basically P60s for the year he applied for ILR.

I have managed to gather that information now, My case is a bit complex but I have the original docs, so should be fine.

Do you know which PEO was this at ?

From what I heard, Liverpool don't deal with Self Employed. They usually get the documents and send them to other PEO for processing.
Pretty much exactly what happened in your friend's case I guess.

[Kevin24]

Thanks Guys for your reply ,

But we are missing a point here ,

Is HO now coming after who had shown different figures to HO while applying for a visa and HMRC after getting visa ? If that is yes then
I can tell you that this is going to affect more than 10,000 people .

Having said that if people had done this , what are their chances in court of law ?

Can they submit a new return or pay all taxes due or else ?

I am at the opinion that HO can not stop you to get ILR unless it is a immigration breach or criminal record . And I cant see here either of this.

That was in liverpool

Yes!
My friend had an appointment at Croydon and he was asked to do that too. Basically P60s for the year he applied for ILR.

I have managed to gather that information now, My case is a bit complex but I have the original docs, so should be fine.

Do you know which PEO was this at ?

From what I heard, Liverpool don't deal with Self Employed. They usually get the documents and send them to other PEO for processing.
Pretty much exactly what happened in your friend's case I guess.

Nothing is stopping UKBA to check the figures with HMRC. Which they could do in few hours. When you give documents to CW in PEO appointments, they accept in good faith assuming no further checks necessary,unless some thing comes up in their preliminary checks. But if you are going to declare different figures to UKBA and HMRC,isn't that amount to fraud? So UKBA will take it as deception. Your friend should know the truths. It's better get posts the questions on this forum for some body to answer. Other wise we are assuming things.

[[iD]]

But if you are going to declare different figures to UKBA and HMRC,isn't that amount to fraud? So UKBA will take it as deception.

Not always. It depends when you're applying for extension/ILR. If your earning period includes the whole of financial year (April-April) then your figures to HMRC and UKBA has to be the same because you'd submit your Company accounts to HMRC and same accounts would go as a proof of earning to UKBA.

But in case your earning period is from December-December, you can never have the same figures for both HMRC and UKBA. You have to produce periodic accounts to UKBA, which is not an annual financial account but just cover part of financial year. Now 4 months after december (in april) your figures would look way different to the ones you submitted to UKBA as a result of profit or loss to the company.

So, it's not always fraud.

[Kevin24]

But if you are going to declare different figures to UKBA and HMRC,isn't that amount to fraud? So UKBA will take it as deception.

Not always. It depends when you're applying for extension/ILR. If your earning period includes the whole of financial year (April-April) then your figures to HMRC and UKBA has to be the same because you'd submit your Company accounts to HMRC and same accounts would go as a proof of earning to UKBA.

But in case your earning period is from December-December, you can never have the same figures for both HMRC and UKBA. You have to produce periodic accounts to UKBA, which is not an annual financial account but just cover part of financial year. Now 4 months after december (in april) your figures would look way different to the ones you submitted to UKBA as a result of profit or loss to the company.

So, it's not always fraud.

Thank you for your clarification.

[settlehere]

Agreed, If that is the case of earnings from different tax year.I am in a similar situation.
I am also employed, so sometimes there are bonus components in different tax years.

But as per the OP, if self employed people have declared a different tax to HO while applying for Tier-1 but paying lesser tax (implying lower income then claimed), i think this could be treated as deception.

But having said that, tax affairs are complex and sometimes explaining the taxation / accounts to a CW could be difficult, and I dont think CW will hav necessary qualifications to understand tax affairs unless it falls within in their guide. So dont think they will take any decision.

If they suspect something the might pass it onto experts within HO.

But if you are going to declare different figures to UKBA and HMRC,isn't that amount to fraud? So UKBA will take it as deception.

Not always. It depends when you're applying for extension/ILR. If your earning period includes the whole of financial year (April-April) then your figures to HMRC and UKBA has to be the same because you'd submit your Company accounts to HMRC and same accounts would go as a proof of earning to UKBA.

But in case your earning period is from December-December, you can never have the same figures for both HMRC and UKBA. You have to produce periodic accounts to UKBA, which is not an annual financial account but just cover part of financial year. Now 4 months after december (in april) your figures would look way different to the ones you submitted to UKBA as a result of profit or loss to the company.

So, it's not always fraud.

[tier1ilr2013]

Hi,

I am in similar situation, during my extension I have shown earning as Oct-2008 to Mar-2009 employed and April-2009 to Sep-2009 as Limited Company director. When submitting annual tax return for the limited company I had few expenses.

My figures don’t match to documents which I have sent to HO and amount came down below the earning which I claimed during my extension.

If I pay corporation tax (for expenses) for the year 2009-10 now will it be ok? Or just submit documents for last 3 years for my ILR which is due in May-2013.

Thanks, your help will be appreciated.

But if you are going to declare different figures to UKBA and HMRC,isn't that amount to fraud? So UKBA will take it as deception.

Not always. It depends when you're applying for extension/ILR. If your earning period includes the whole of financial year (April-April) then your figures to HMRC and UKBA has to be the same because you'd submit your Company accounts to HMRC and same accounts would go as a proof of earning to UKBA.

But in case your earning period is from December-December, you can never have the same figures for both HMRC and UKBA. You have to produce periodic accounts to UKBA, which is not an annual financial account but just cover part of financial year. Now 4 months after december (in april) your figures would look way different to the ones you submitted to UKBA as a result of profit or loss to the company.

So, it's not always fraud.

[[iD]]

Hi,

I am in similar situation, during my extension I have shown earning as Oct-2008 to Mar-2009 employed and April-2009 to Sep-2009 as Limited Company director. When submitting annual tax return for the limited company I had few expenses.

My figures don’t match to documents which I have sent to HO and amount came down below the earning which I claimed during my extension.

If I pay corporation tax (for expenses) for the year 2009-10 now will it be ok? Or just submit documents for last 3 years for my ILR which is due in May-2013.

Thanks, your help will be appreciated.

Why would you pay tax on something that you never earned. As you, yourself have mentioned that final tax returns had different figures due to expenses or loss in the business?
Like I mentioned above, figures in annual accounts would always differ from the periodic account. Unless you used deception you shouldn't worry and if asked, explain this to caseworker

[Kevin24]

Hi,

I am in similar situation, during my extension I have shown earning as Oct-2008 to Mar-2009 employed and April-2009 to Sep-2009 as Limited Company director. When submitting annual tax return for the limited company I had few expenses.

My figures don’t match to documents which I have sent to HO and amount came down below the earning which I claimed during my extension.

If I pay corporation tax (for expenses) for the year 2009-10 now will it be ok? Or just submit documents for last 3 years for my ILR which is due in May-2013.

Thanks, your help will be appreciated.

But if you are going to declare different figures to UKBA and HMRC,isn't that amount to fraud? So UKBA will take it as deception.

Not always. It depends when you're applying for extension/ILR. If your earning period includes the whole of financial year (April-April) then your figures to HMRC and UKBA has to be the same because you'd submit your Company accounts to HMRC and same accounts would go as a proof of earning to UKBA.

But in case your earning period is from December-December, you can never have the same figures for both HMRC and UKBA. You have to produce periodic accounts to UKBA, which is not an annual financial account but just cover part of financial year. Now 4 months after december (in april) your figures would look way different to the ones you submitted to UKBA as a result of profit or loss to the company.

So, it's not always fraud.

Couldn't you get Your Accountant's letter to explain all this. If CW wants proof,in addition to your explanation at a PEO appointment.

[tier1ilr2013]

Just though to pay tax so that I would get earning points for all the 4 annual returns which I have submitted to HMRC.

I will take accountant a letter which should explain that at the end of Sep-2009 I was having more than enough earning, but at end of year for company I had expenses. Hope HO/CW should not have any problem otherwise I have happy to pay tax for that year.
Thanks for your help.

Hi,

I am in similar situation, during my extension I have shown earning as Oct-2008 to Mar-2009 employed and April-2009 to Sep-2009 as Limited Company director. When submitting annual tax return for the limited company I had few expenses.

My figures don’t match to documents which I have sent to HO and amount came down below the earning which I claimed during my extension.

If I pay corporation tax (for expenses) for the year 2009-10 now will it be ok? Or just submit documents for last 3 years for my ILR which is due in May-2013.

Thanks, your help will be appreciated.

But if you are going to declare different figures to UKBA and HMRC,isn't that amount to fraud? So UKBA will take it as deception.

Not always. It depends when you're applying for extension/ILR. If your earning period includes the whole of financial year (April-April) then your figures to HMRC and UKBA has to be the same because you'd submit your Company accounts to HMRC and same accounts would go as a proof of earning to UKBA.

But in case your earning period is from December-December, you can never have the same figures for both HMRC and UKBA. You have to produce periodic accounts to UKBA, which is not an annual financial account but just cover part of financial year. Now 4 months after december (in april) your figures would look way different to the ones you submitted to UKBA as a result of profit or loss to the company.

So, it's not always fraud.

Couldn't you get Your Accountant's letter to explain all this. If CW wants proof,in addition to your explanation at a PEO appointment.

[ISingh2008]

Hi Guys,
Even I am worried about UKBA doing checks for previous application as being discussed under this thread. can you please take few minutes to read my issue and advise if it can be an issue for me in my next application: (Apologies for the long note below but I wanted to explain it in detail for a clear picture)

I have been in the UK under HSMP (Obtained in January 2008) and then got extensions under Tier 1 General. I actually have to take another Tier 1 general EXTENSION as I went out of UK for a couple of months and I dont meet the 180 days outside UK criteria to be elligible for ILR now.

My issue:

During the last Tier 1 Extension I showed Income proof (Dividends) from my Limited company (1st 3 months when I was working in a contract job through my own ltd Co. as Director) Plus Salary Slips from a Permanent Job for the next 9 Months. (Left contracting and took a permanent job)
Totalling earnings earned in 12 months prior to my extn application. I successfully got the extension under Tier 1 General.

The issue is: My Limited company had 1200 shares. 1000 allocated to ME and 200 allocated to another share holder.
During the last Tier 1 Extension, I took all the 100 Percent Dividend and didnt pay any dividend to the share holder. I showed all dividend paid to me in application to UKBA
Actually I had discussed it with my accountant and we had decided to transfer all shares on my name at the end of the year when we had to actually file all returns to HMRC and close the company as I had gone into a permanent job and didnt need the Ltd company anymore.

So, I got the Extension that time and asked my accountant to close the company. He started the company dissolving process but somehow we missed transferring all shares to me and as earlier had all dividends paid only to me. Even I was bit careless and didnt really bothered about 200 shares on another persons name in my company. I paid HMRC the Corporation tax and VAT whatever was calculated and closed the company. Now the company is dissolved and struck off and I need to apply for my Second Tier 1 General Extension as I need to spend some more time in the UK to be elligible for ILR.

My concern is that since we have missed transferring all shares to my name but I had taken all the Dividends that time (i.e. 2 years ago), would it create any issue for me in my next Tier 1 Extension?? I am in a permanent job now and will just be using income earned in the last 12 months from this job and this time there is nothing to do with my Ltd Company which operated for just 3 months and now closed.

I am really worried that if Home Office checks these records will they find out and will they question me that why the second share holder was not paid any dividends and will it create issues in my extension this time? Does Home Office bother goin into so much depth of previous applications?

As I said my Ltd company just operated for 3 months and is dissolved now. I have paid all the Taxes and VAT that was calculated to HMRC. Just worried about the dividends not being paid to the second shareholder. Is it really a serious issue?

Please help me on this and I would really appreciate if you could give me some advise.
Awaiting your responses.
Many Thanks
I Singh

[settlehere]

You are stressing for no reason. Dont worry , you will be fine

Hi Guys,
Even I am worried about UKBA doing checks for previous application as being discussed under this thread. can you please take few minutes to read my issue and advise if it can be an issue for me in my next application: (Apologies for the long note below but I wanted to explain it in detail for a clear picture)

I have been in the UK under HSMP (Obtained in January 2008) and then got extensions under Tier 1 General. I actually have to take another Tier 1 general EXTENSION as I went out of UK for a couple of months and I dont meet the 180 days outside UK criteria to be elligible for ILR now.

My issue:

During the last Tier 1 Extension I showed Income proof (Dividends) from my Limited company (1st 3 months when I was working in a contract job through my own ltd Co. as Director) Plus Salary Slips from a Permanent Job for the next 9 Months. (Left contracting and took a permanent job)
Totalling earnings earned in 12 months prior to my extn application. I successfully got the extension under Tier 1 General.

The issue is: My Limited company had 1200 shares. 1000 allocated to ME and 200 allocated to another share holder.
During the last Tier 1 Extension, I took all the 100 Percent Dividend and didnt pay any dividend to the share holder. I showed all dividend paid to me in application to UKBA
Actually I had discussed it with my accountant and we had decided to transfer all shares on my name at the end of the year when we had to actually file all returns to HMRC and close the company as I had gone into a permanent job and didnt need the Ltd company anymore.

So, I got the Extension that time and asked my accountant to close the company. He started the company dissolving process but somehow we missed transferring all shares to me and as earlier had all dividends paid only to me. Even I was bit careless and didnt really bothered about 200 shares on another persons name in my company. I paid HMRC the Corporation tax and VAT whatever was calculated and closed the company. Now the company is dissolved and struck off and I need to apply for my Second Tier 1 General Extension as I need to spend some more time in the UK to be elligible for ILR.

My concern is that since we have missed transferring all shares to my name but I had taken all the Dividends that time (i.e. 2 years ago), would it create any issue for me in my next Tier 1 Extension?? I am in a permanent job now and will just be using income earned in the last 12 months from this job and this time there is nothing to do with my Ltd Company which operated for just 3 months and now closed.

I am really worried that if Home Office checks these records will they find out and will they question me that why the second share holder was not paid any dividends and will it create issues in my extension this time? Does Home Office bother goin into so much depth of previous applications?

As I said my Ltd company just operated for 3 months and is dissolved now. I have paid all the Taxes and VAT that was calculated to HMRC. Just worried about the dividends not being paid to the second shareholder. Is it really a serious issue?

Please help me on this and I would really appreciate if you could give me some advise.
Awaiting your responses.
Many Thanks
I Singh

[ISingh2008]

Actually last time I applied for extension, UKBA didnt return me the Dividend Vouchers and Accountant letters etc I had attached with the application. They returned all the Permanent job pay slips, bank statements and all other documents.
So I am bit worried why they just kept those docs with them and hope they dont enquire about it next time I go for visa.

I had paid all taxes etc correctly to HMRC for which I claimed points in that application though.

[kiranchinnu]

Actually last time I applied for extension, UKBA didnt return me the Dividend Vouchers and Accountant letters etc I had attached with the application. They returned all the Permanent job pay slips, bank statements and all other documents.
So I am bit worried why they just kept those docs with them and hope they dont enquire about it next time I go for visa.

I had paid all taxes etc correctly to HMRC for which I claimed points in that application though.

UKBA will retain any letters or dcouments addressed to them. I am not sure abt dividend vouchers but normally account letters are addressed to UKBA. Hope this helps.

[ISingh2008]

Thanks for your quick response.
I just checked yes actually the letter written by accountant is addressed to UKBA. So I believe thats why the retained it. Thats alright. Not sure why they kept the dividend vouchers.
Anyhow, the dividend vouchers say that I am the Sole shareholder and entitled to 100 % of the profit.
But actually as per the situation I held 1000 shares and 200 were on another share holders name. We just carelessly missed out on transferring the 200 shares on my name before dissolving the company.
Just worried about that.
Already spent so many years of my life here, dont want to mess it all up for some stupid careless mistake.
Do you guys think I can give any explanation for this to UKBA just in case they enquire about this discrepency in my next application? Or is there a way to correct it now?
Can UKBA actually check what percentage of shares was allocated to whome in any Ltd company and what profit he received??
Please advise.

[ilrapplicant2013]

Bennevisa - Any updates on your friends case?