ILR - Selfemployed & Salary Income

[moonstar9823]

Dear Members

I was student for 3 years + 2 years PSW + 5 years on Tier 1, total 10 years.

I have two options either ILR under Tier 1 or ILR under LR(long residence).

I will be applying for ILR in Feb 2016 under LR rules(10 years stay) because my income is low and I want to avoid re calculation of income points.

Now the problem is that some one told me that even under LR applications, Home Office do check tax record of last 5 or 10 years. I called HMRC and gathered last 5 years record to see everything is ok. I noticed that in year 2010/11 income on my tax return don't match with what income I declared to home office. This is my accountants mistake as tax return is done after 9 months year tax year end he made a mistake.

Now in my case under Long residence application what does home office check with HMRC re employment and self employment?

Do they just check that returns were submitted and tax was paid, nothing owing to HMRC and no benefit claimed? and all affairs ok with HMRC. or do they cross check last two applications total income with HMRC tax returns.

Also tax period (April to March) is different to home office 12 months and figures can never be reconciled. Part income belongs to 1 year and part to second year. So Home office can never get £X on both applications.

My accountant advised not to amend the tax return, as it is 5 years old and HMRC is happy with your income. If I still want to amend than I will be asked a lot of questions and they may open investigation for other years.

Know in my case(ILR on LR), there is no minimum income requirement but as said above what would Home Office check, just simple confirmation that my tax affairs are ok(with all returns submitted on time and x tax paid) or it will be a detail checking of what said to home before and what declared to HMRC.

Please advise.

Many Thanks

[Casa]

They will cross check earnings with income declared to HMRC for tax. We have numerous posts on the forum from members who have come unstuck with HMRC discrepancies.

[moonstar9823]

Thanks for your reply

This is so scary.... Dealing with two departments at one point will be a big challenge...

One more question, Is it ok if I apply in post at the end of Feb(without enclosing last 5 years tax returns as this is not requirement to provide proof of earning) and by the time they will check in Apri/May... may tax affarirs will be update by HMRC.

Once again many thanks