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ILR- please advice on absence and tax?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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shace318
Junior Member
Posts: 68
Joined: Wed Feb 26, 2014 10:52 pm

ILR- please advice on absence and tax?

Post by shace318 » Wed Feb 26, 2014 11:29 pm

Hi Everyone
I have been a silent reader on this forum, this is my first post here...

I am planning to apply for ILR around 1st week April but need some help....

my details are
intial tier 1 visa granted 6/5/2009
first entry 29/06/2009
left uk 17/07/2009
came back 12/10/2009
ever since I am working here and been outside very often for business trips(these absence are covered by my current employer).

when i first came to UK i started up a consultancy company and wanted to promote manufacturing software in Qatar, i registered the company in June and went to Qatar in July things didn't work so came back
to uk in october.

my question is what should i mention for the 88 days absence. will a personal letter be
helpful?
I have one year work visa in qatar in year 2009 and also have copies of email
cominucations with various companies in UK and Qatar, however i didnt make any money in qatar hence no records are available for
the company that I registered apart form the initial regitration document.

question 1:
when i came to UK withing a week i got a job hence i never tried my own consultancy, my question is what
should i mention for 88 days absence? any advice will be very helpful.


also currently I am working for a french company and my contract and salary is in euros, but i do get paid in pounds in UK and pay tax in UK like everyone else. my basic salary is £42K but in year 2012-2013 tax year i got 5K bonus and HMRC charged normal tax rate instead of charging 40%, also last 2 years i have earned little bit more because of the exchange rate between euro & pounds which pushes my salary scale to higher tax band.



question 2:
because of this mismatch I owe the tax office exactly £709 and HMRC has send me a letter that they will collect this in 12 monthly installment form 2014/15 tax year, will this be a problem for ILR? honestly its not my fault
but do you guys think that i should just pay this up before applying for ILR or should I take the letters HMRC have send me about the arrangement for collection.


Thank you
Shash

fn286
Member
Posts: 221
Joined: Wed Jan 22, 2014 2:44 pm

Re: ILR- please advice on absence and tax?

Post by fn286 » Fri Feb 28, 2014 9:22 am

Dear shace318...

yes you will have to mention your 88 days absence on the form as you cannot and you shouldn't hide it... also it will be obvious on your passports through entry exit stamps... HW/CW will not be interested in this absence because its long time ago not current year but total absences in 5 years should'nt exceed the limit (180 days for current year). You can simply provide a letter for all absences and you can give personal reason for this 88 days absence. I don't think you even have to mention your company and all as that will give chance to CW to ask for questions..

Paying tax in 12 months is fine..no problem... this is beyond the authority of HO to challenge you on tax matters.. HMRC have the record of your income and tax then all is well... dont worry.. HO/CW only calls HMRC to check your earnings not your tax and whether you have paid or not... even the hrmc employment history letter doesn't tells whether the tax stated was paid or not...

Thanks.

shace318
Junior Member
Posts: 68
Joined: Wed Feb 26, 2014 10:52 pm

Re: ILR- please advice on absence and tax?

Post by shace318 » Fri Feb 28, 2014 3:15 pm

Hi fn286

Thanks a lot for your reply, valid point i got the HMRC letter for last 4 years but nothing is mentioned that i own
against the tax office.
This is my plan I will fill the absence as business but not going to give any letters.
I cannot say its personal as I have the Qatar work visa in the same passport for the said period.

I will include the absence sheet with 88 days and put it as business, if they asked for any documents
I will provide a personal letter and any correspondence letters for that period(2009)

I will also take the HMRC letter regarding the tax.

one more weird issue, i was in Ireland for 6 weeks beginning of this year when i came to Heathrow terminal 1
i wasn't subject to immigration control, i just walked out...the issue is i have a valid work visa for Ireland with the
landing stamp on it, no proof that i am physically in UK(Grrrrr)

anyway thinking of getting a letter from the travel agent in case.(I have lost by boarding pass)

I just booked PEO appointment on 10/4/14 at Croydon(still long way), I am not including my dependents as i still believe my case might be
complicated and don't want to loose all of the money in case they refuse.
I will update you guys after the PEO experience. fingers cross

Thank you
Rgds
Shash

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