ILR Long residency & tax not paid!!

[wwmaw]

Hi Guys

I applied on 9th Nov ILR same day service. I had a tier 1 general in 2010 and extended it in 2012 but applied for ILR on 10 year long residency basis.

The case worker interviewed me regarding my self employment where i work, what i work, hows my studies related to it who is my accountant who submit my tax returns etc. At the end she asked me that my tax records are fine for 2010 but in 2012 what i declared to Home Office is not matching HMRC do i know the reason i told her i dont know it and it has been submitted by my accountant. She asked me to provide her with my tax returns and than she will make a decision.

I checked with my accountant and hmrc and find out in 2012 when i had extended tier 1 the returns submitted did not capture the self employment data. although the sa302 issued by accountant shows it was not captured by hmrc.

i spoke to hmrc they told me the only reason it can be because of transmission error or a bug ..because accountant has a filing log which shows what he has submitted and he has correctly declared the self employment income.

i have explained everything to case worker and also provided her with documents from accountant showing sa302 and filing log which he has submitted confirming it was correctly submitted also the call log from hmrc where they told me it can be a transmission error if third party software is used. and now waiting for the decision

Please anyone can tell me 2 things

you think based on information provided the case worker will accept my case on issue of discrepancy, i spoke to a barrister and she saw all documents and told me its more than enough evidence to show that it was an error

most importantly because my self assessment in 2012 had no self employment due to error in hmrc records i never received any letters to pay tax nor i ever paid tax to hmrc .. can someone tell me if not paying tax can effect my case case worker did not ask me about tax she asked me about the discrepancy during the interview
can they still refuse it because i did not paid my tax i have no ccj etc

advice will be helpful thanks

[CR001]

Please don't post the same question in multiple threads Multiple Posting Rules (click)

Be patient and someone will respond to your query when they have advice, are inclined to answer or are online.

[tungha1979]

Hi Guys

I applied on 9th Nov ILR same day service. I had a tier 1 general in 2010 and extended it in 2012 but applied for ILR on 10 year long residency basis.

The case worker interviewed me regarding my self employment where i work, what i work, hows my studies related to it who is my accountant who submit my tax returns etc. At the end she asked me that my tax records are fine for 2010 but in 2012 what i declared to Home Office is not matching HMRC do i know the reason i told her i dont know it and it has been submitted by my accountant. She asked me to provide her with my tax returns and than she will make a decision.

I checked with my accountant and hmrc and find out in 2012 when i had extended tier 1 the returns submitted did not capture the self employment data. although the sa302 issued by accountant shows it was not captured by hmrc.

i spoke to hmrc they told me the only reason it can be because of transmission error or a bug ..because accountant has a filing log which shows what he has submitted and he has correctly declared the self employment income.

i have explained everything to case worker and also provided her with documents from accountant showing sa302 and filing log which he has submitted confirming it was correctly submitted also the call log from hmrc where they told me it can be a transmission error if third party software is used. and now waiting for the decision

Please anyone can tell me 2 things

you think based on information provided the case worker will accept my case on issue of discrepancy, i spoke to a barrister and she saw all documents and told me its more than enough evidence to show that it was an error

most importantly because my self assessment in 2012 had no self employment due to error in hmrc records i never received any letters to pay tax nor i ever paid tax to hmrc .. can someone tell me if not paying tax can effect my case case worker did not ask me about tax she asked me about the discrepancy during the interview
can they still refuse it because i did not paid my tax i have no ccj etc

advice will be helpful thanks

which PEO did you go to? and are you still self employed?

[bluecandi]

So in a nutshell you are saying there is no record of your self employment for year 2012 in HMRC database ??

What about years after that 2013/14/???

[wwmaw]

yes there was no record on tax return of hmrc for year 12 but that i have corrected by providing filing log by the accountant which confirms correct data was inserted and also providing call log from hmrc which confirms that it could be due to transmission error or a bug if third party software is used and the accountant has their own software..

my questions is i still have tax unpaid from my self employment can that affect my application for ILR long residency ? i have instalment plan agreed with them and paying them 500 per month but wondering if someone comes across any refusal based on tax not paid ?

on the issue of discrepancy i think i have covered it and well explained to case worker with supporting evidence from accountant and providing filing log etc

yes i want in person same day service..
Please anyone can advice response will be much appreciated!

[wwmaw]

i went to sheffield same day service.

[bluecandi]

yes there was no record on tax return of hmrc for year 12 but that i have corrected by providing filing log by the accountant which confirms correct data was inserted and also providing call log from hmrc which confirms that it could be due to transmission error or a bug if third party software is used and the accountant has their own software..

my questions is i still have tax unpaid from my self employment can that affect my application for ILR long residency ? i have instalment plan agreed with them and paying them 500 per month but wondering if someone comes across any refusal based on tax not paid ?

on the issue of discrepancy i think i have covered it and well explained to case worker with supporting evidence from accountant and providing filing log etc

yes i want in person same day service..
Please anyone can advice response will be much appreciated!

What about for the year 2013/2014?

If its not in their system how did you agree a payment plan with them? Is it updated in their system now?

If its in HMRC system then all good because UKBA is not bothered with payment arrangements you have with HMRC.

[wwmaw]

tax returns till 14/15 all are filed with hmrc all up to date also i have a instalment plan for all tax i owe till april 2015.

i was wondering if they can still refuse by saying tax not paid? i spoke to a barrister today with 35 years of experience told me it can be tax evasion but home office has to prove i've evaded means i use deception or lied in order for me not to pay tax and failure to pay the tax or someone not failed to submit return does not falls into it ..

a classic example will be and home office is checking this if someone after declaring lets say 24k self employment to get permit in the past has gone back and changed it or not ..

well that is not the case hope it will be fine decision can be expected any time from tomorrow onwards

[bluecandi]

How did they amend your tax returns so quickly and setup a payment plan. I mean HMRC

[wwmaw]

they did not amended please read my post carefully

i had 12 return submitted it was submitted by my accountant but home office told when i went for ILR that there is discrepancy and asked me provide returns to them

I did not provide them amended return but i did provide them evidence from accountant filing long return sa302 produced by accountant tax return software that it was correctly filed
than i called hmrc and explained them they also agreed that it seems a transmission error or a bug i provided home office with call log details to verify that as well
also accountant has asked hmrc to amend it providing them with filing log which shows what he submitted proves it was somewhere in hmrc systems

my question regarding tax return do u know if anyone case is refused because of not paying tax?

[wwmaw]

my returns for 13/14 12/3 were all up to date no discrepancy but case worker referred to this which when i investigated came out to be true
but i provided her with evidence lets hope


any remarks on tax not paid and ilr changes?

[wwmaw]

There is no income requirement for Set(LR) applications but you must still have met the rules/requirements of the visas that you held in the period.

Make sure all your tax affairs are up to date with HMRC and that all declared incomes to HO are the same as to HMRC.

if tax is not paid whilst on tier 1 and applying ILR long residency can that affect ? ( records of hmrc as same as home office what been declared whilst applying tier 1)
please advice?

[CR001]

There is no income requirement for Set(LR) applications but you must still have met the rules/requirements of the visas that you held in the period.

Make sure all your tax affairs are up to date with HMRC and that all declared incomes to HO are the same as to HMRC.

if tax is not paid whilst on tier 1 and applying ILR long residency can that affect ? ( records of hmrc as same as home office what been declared whilst applying tier 1)
please advice?

HO check your tax records regardless of which route you use to apply for ILR. They are checked again when/if you apply for citizenship too. Please keep your queries in your own thread to avoid confusion when members reply.

[bluecandi]

There is no income requirement for Set(LR) applications but you must still have met the rules/requirements of the visas that you held in the period.

Make sure all your tax affairs are up to date with HMRC and that all declared incomes to HO are the same as to HMRC.

if tax is not paid whilst on tier 1 and applying ILR long residency can that affect ? ( records of hmrc as same as home office what been declared whilst applying tier 1)
please advice?

Since you have already submitted them so it should be fine. Stay calm.

[bluecandi]

i sent you pm check out ...

I havent seen any refusal based on tax non been paid in full.

[ilrvisanow]

Borrow, beg or steal but ensure you pay your taxes as that is the only thing HO seems to be focusing on at the moment.

[Casa]

i sent you pm check out ...

I havent seen any refusal based on tax non been paid in full.

Threads relating to refusal of ILR due to tax discrepancies

http://www.immigrationboards.com/indefi ... 85617.html

http://www.immigrationboards.com/indefi ... 57196.html

[avjones]

i sent you pm check out ...

I havent seen any refusal based on tax non been paid in full.

You might not have seen any, but they do exist - I've seen quite a few

[bluecandi]

i sent you pm check out ...

I havent seen any refusal based on tax non been paid in full.

You might not have seen any, but they do exist - I've seen quite a few

Point out one ... Since when UKBA is looking after HMRC payment arrangements with self employeds

[Casa]

i sent you pm check out ...

I havent seen any refusal based on tax non been paid in full.

Threads relating to refusal of ILR due to tax discrepancies

http://www.immigrationboards.com/indefi ... 85617.html

http://www.immigrationboards.com/indefi ... 57196.html

[wwmaw]

well none of those cases refers to rejection due to tax not been paid ..they are covering topics of deception when someone declared hmrc diff than home office accounts
or showed ho but has not declared anything to hmrc etc well ...

i sent you pm check out ...

I havent seen any refusal based on tax non been paid in full.

Threads relating to refusal of ILR due to tax discrepancies

http://www.immigrationboards.com/indefi ... 85617.html

http://www.immigrationboards.com/indefi ... 57196.html

[Casa]

Note the word: 'discrepancies'. Referring to your opening post in this thread, where you write:
"but in 2012 what i declared to Home Office is not matching HMRC"

[wwmaw]

Note the word: 'discrepancies'. Referring to your opening post in this thread, where you write:
"but in 2012 what i declared to Home Office is not matching HMRC"

the last questions i raised was any rej due to tax not paid and not discrepancy ..as far as discrepancy is concerned i have provided them doc showing it was fault by hmrc for not capturing the data .. i had filed the tax returns correctly for that year..

questions was does anyone come across rejection due to tax not paid? thanks for your insight

[geriatrix]

The question has already been answered, asking it time and again will not change the answer.

Posts in this forum represent a miniscule proprortion of the number of applications HO deals with. If something is not posted on an immigration forum doesn't mean that it hasn't or can't happen!

If in your case HMRC was at fault and you have provided evidence to support such a claim, you should be okay!

[bluecandi]

Gents/ladies

I will explain this in simple and interesting words.

Tax showed to UKBA when applied for visa different to what submitted to HMRC = Rejection of ILR

Tax showed to UKBA when applied for visa same to what submitted to HMRC = Approval of ILR

Tax showed to UKBA when applied for visa different to what submitted to HMRC but then make amendment and submitted the right one before ILR appointment = Approval of ILR

Tax showed to UKBA when applied for visa same to what submitted to HMRC and on weekly/monthly/quarterly payment plan = Approval of ILR

Tax showed to UKBA when applied for visa different to what submitted to HMRC but then make amendment and submitted the right one before ILR appointment and payment plan agreed = Approval of ILR


Tax showed to UKBA when applied for visa different to what submitted to HMRC but then make amendment and submitted the right one after ILR appointment = Could be rejection of ILR however since its not a criminal offence therefore could be win easily in appeal