ILR applyed on tier 1 Home offe asking last 5 years sa302

[kapil007]

Hello friends,­
I need a suggestion, I am on Tier 1 Gen­eral application, I made an­ app­lic­ati­on for ilr in person with my wife on the­ 13th November wher­e we ­were­ asked to­ submit SA 302 for last 5­ years­ in 1­4­ days , obviously we didn'­t have it. Hm­rc saying there­ is a dela­y of up to 3 ­­months to amend anyth­ing and get sa302­.
So we have sent a letter to Home Office­­­­ to give us some more time.
Now yesterday ­I g­ot­ a call from Home Of­fice which we­nt o­n v­oicemail stating ­that they ­can p­rovi­de us time but onl­y up to the­ 2nd o­f Jan­uary and if the­y did not re­ceive t­he doc­uments by th­an , they wil­l make a­ decisi­on on our­ case accordin­g to the ­document­s they­ already have.
The reason I can't receive sa302 from hmrc before 3 months even not sure that they will amend for last 5 years or not.
Now I am thinking of­ withdrawing my ca­se, I am th­inking th­is Beca­use I am co­mpl­eting 10 ­yrs in uk on 9th of­ Januar­y 20­16 so probably­ I can apply­ a fres­h app­lication of ILR­ on the ba­sis of 1­0 yrs ­rule. My vi­sa is expiri­ng on t­he 15th Ja­nuary 2016­. Is this right direction??

TIA­

[CR001]

HO will still ask for the same documents if you apply for ILR based on long residence. They will still check your HMRC records so unfortunately, there is no way that you can avoid this.

Is there a discrepancy in the income you declared to HO and HMRC? Did you declare and pay the tax on self employment income?

[kapil007]

Yes, unfortunately there a differences in the income I declared to HO and HMRC, but now my accountant has amended the returns and I have paid necessary taxes.
If I go for 10 years rout and if they ask sa 302 it might have ammended by than.

[geriatrix]

HMRC will probably not amend the returns so soon - they usually take >3 months. Anything sooner - consider yourself lucky!

Assuming your tax returns are not amended by then and you are not issued with amended SA302s, do take all the evidence to show that tax amendments have been submitted and all tax that was evaded in previous years has been paid.

And hope for the best that the caseworker gets convinced that you have taken all the steps needed to amend your tax returns and pay all due taxes.

There's nothing more you can do, I am afraid.

[kapil007]

Thanks for your input, now shall I withdraw my application and apply on 10 years long rout by post, because usually it takes 3 to 4 months so i might have got sa302 from hmrc. Because there is no way in the time home office has given me by 2nd of January.

[geriatrix]

You say they have given you time till 02-Jan., and your current leave is expiring on 15-Jan.
Do you expect to receive the amended SA302s within a month, between 01-Jan and 15-Jan, given that it is Xmas time now - when most of the workforce prefers to be on holiday!!

[kapil007]

You say they have given you time till 02-Jan., and your current leave is expiring on 15-Jan.
Do you expect to receive the amended SA302s within a month, between 01-Jan and 15-Jan, given that it is Xmas time now - when most of the workforce prefers to be on holiday!!

You are right that is the reason I want to withdraw my application and reapply under 10 year rules . Than I will be having few months in hand to sort it out, I will send my application by post which takes monts.

[kapil007]

Is it ok to withdraw the application and apply again
I need time to get it done from hmrc. I think applying again is the only way to get time.

[geriatrix]

Withdrawing an application carries no penalty ... other than losing the application fees ... so you may withdraw your application if you wish to, given your current leave is extant.

[kapil007]

Withdrawing an application carries no penalty ... other than losing the application fees ... so you may withdraw your application if you wish to, given your current leave is extant.

Exactly Thats my point, anyway I will lose my fees iven if I carry on they will refuse the application because I can't provide them sa302 in the time period they have given me, even the can deceive the application which can creat further problems.

[muraxza]

Hi

I would suggest you to withdraw application and send your amendment asap, amendments beyond the 4 years time like 10/11 are taking roughly 6 months, so you better withdraw and send your application by post even after sending by post try to delay biometric so you can have more time..

[kapil007]

Hi

I would suggest you to withdraw application and send your amendment asap, amendments beyond the 4 years time like 10/11 are taking roughly 6 months, so you better withdraw and send your application by post even after sending by post try to delay biometric so you can have more time..

We have already done all the amendments 4 weeks ago obviously still no answer from hmrc yet. So now I am thinking to send 10 years application just a week before my visa expires i.e. on 15-Jan 2016. As it will give me more time.

[geriatrix]

Post FLR(M) queries here.

[bluecandi]

withdrawing application will be waste of money honestly because you have your returns amended until March may be ...

I would suggest call HMRC and ask them to send you a letter stating that your returns are under process and SA302 will be updated once its all done.

Then get a letter from your accountant with explanation of your income each year in last 5 years and put SA302 that are available together with amended returns you sent.

[kapil007]

withdrawing application will be waste of money honestly because you have your returns amended until March may be ...

I would suggest call HMRC and ask them to send you a letter stating that your returns are under process and SA302 will be updated once its all done.

Then get a letter from your accountant with explanation of your income each year in last 5 years and put SA302 that are available together with amended returns you sent.

Hi thanks for suggestion,
My accountant called hmrc & I have received letter as well, which state
The deadline for amending the tax return expires, which means I have to consider the information you provide under different rules.
They did not write anything about timing or anything which we asked for.
Even if we send them CA letters and payment receipts for which we have made payment recently , will they not say that we are deceiving as we did not pay the tax before and amending now for visa purpose only.

[bluecandi]

Its not UKBA place to say anything about your tax affairs.

Accounting errors , loss in business, mistakes while filing return etc anything could happen.

Once you have sent your amended returns to HMRC , UKBA cant refuse you on any basis.

I sent my amendments in Aug and still waiting.

[kapil007]

Its not UKBA place to say anything about your tax affairs.

Accounting errors , loss in business, mistakes while filing return etc anything could happen.

Once you have sent your amended returns to HMRC , UKBA cant refuse you on any basis.

I sent my amendments in Aug and still waiting.

I have sent ammended returns to hmrc in September and HO has given me time till January 2nd, there is no wat I can gat sa302 in time & Visa expires on jan 15 don't know what to do.

[bluecandi]

Dont trust HMRC time scales ... They dont even know themselves the correct time scales arrrgghhh ...

[kapil007]

Dont trust HMRC time scales ... They dont even know themselves the correct time scales arrrgghhh ...

Thats why I have decided to withdraw my application and apply for ilr on 10 years base & will do by post, as they take months to deal. That's what I want I will get more time and by than I hope my accounts wil be updated.

[f317633]

Hello friends,­
I need a suggestion, I am on Tier 1 Gen­eral application, I made an­ app­lic­ati­on for ilr in person with my wife on the­ 13th November wher­e we ­were­ asked to­ submit SA 302 for last 5­ years­ in 1­4­ days , obviously we didn'­t have it. Hm­rc saying there­ is a dela­y of up to 3 ­­months to amend anyth­ing and get sa302­.
So we have sent a letter to Home Office­­­­ to give us some more time.
Now yesterday ­I g­ot­ a call from Home Of­fice which we­nt o­n v­oicemail stating ­that they ­can p­rovi­de us time but onl­y up to the­ 2nd o­f Jan­uary and if the­y did not re­ceive t­he doc­uments by th­an , they wil­l make a­ decisi­on on our­ case accordin­g to the ­document­s they­ already have.
The reason I can't receive sa302 from hmrc before 3 months even not sure that they will amend for last 5 years or not.
Now I am thinking of­ withdrawing my ca­se, I am th­inking th­is Beca­use I am co­mpl­eting 10 ­yrs in uk on 9th of­ Januar­y 20­16 so probably­ I can apply­ a fres­h app­lication of ILR­ on the ba­sis of 1­0 yrs ­rule. My vi­sa is expiri­ng on t­he 15th Ja­nuary 2016­. Is this right direction??

TIA­

which PEO did you go to? and were you salaried or self employed at the time of your ILR application?

[muraxza]

What years are you amending?

[kapil007]

Hello friends,­
I need a suggestion, I am on Tier 1 Gen­eral application, I made an­ app­lic­ati­on for ilr in person with my wife on the­ 13th November wher­e we ­were­ asked to­ submit SA 302 for last 5­ years­ in 1­4­ days , obviously we didn'­t have it. Hm­rc saying there­ is a dela­y of up to 3 ­­months to amend anyth­ing and get sa302­.
So we have sent a letter to Home Office­­­­ to give us some more time.
Now yesterday ­I g­ot­ a call from Home Of­fice which we­nt o­n v­oicemail stating ­that they ­can p­rovi­de us time but onl­y up to the­ 2nd o­f Jan­uary and if the­y did not re­ceive t­he doc­uments by th­an , they wil­l make a­ decisi­on on our­ case accordin­g to the ­document­s they­ already have.
The reason I can't receive sa302 from hmrc before 3 months even not sure that they will amend for last 5 years or not.
Now I am thinking of­ withdrawing my ca­se, I am th­inking th­is Beca­use I am co­mpl­eting 10 ­yrs in uk on 9th of­ Januar­y 20­16 so probably­ I can apply­ a fres­h app­lication of ILR­ on the ba­sis of 1­0 yrs ­rule. My vi­sa is expiri­ng on t­he 15th Ja­nuary 2016­. Is this right direction??

TIA­

which PEO did you go to? and were you salaried or self employed at the time of your ILR application?

I went to Croydon & I am self employed since I got tier 1.

[Bri2015]

kapil007

I would withdraw the applications and apply 10 years route.

by the time your HMRC against HO will be tally.

However you wont get updated SA302 for all your amendment from HMRC.

and you dont need SA302 anymore for 10 years ILR route as your tax issues will be sorted that time.

And I dont understand why HO asked you SA302 as they can easily find the tax difference if any in your case.

You will be OK. Be strong and have a plan B please.

Good Luck.

[kapil007]

What years are you amending?

I have ammended & paid all due taxes for 2009-10, 2010-11 & 2011-12 now its up to hmrc they accept it or not if do how long it takes.

[kapil007]

kapil007

I would withdraw the applications and apply 10 years route.

by the time your HMRC against HO will be tally.

However you wont get updated SA302 for all your amendment from HMRC.

and you dont need SA302 anymore for 10 years ILR route as your tax issues will be sorted that time.

And I dont understand why HO asked you SA302 as they can easily find the tax difference if any in your case.

You will be OK. Be strong and have a plan B please.

Good Luck.

Hi, The reson case worker asked for sa302 because he could not see anything in hmrc system, so sa302 doesn't matter if its updated with hmrc HO also can check. There main motive is tax is paid or nor. For 10 years sa302 is not there requirements but they can ask specially in my case because they will be having in record that earlier I was asked for sa302. I will not be worried if hmrc update it.