ILR refused and AR failed, but Why and what should I do?

[uktier1hope]

Dear All,

Here is my experience, which is really unfair and stressful.

I got my tier1 general on 2010, and applied ILR in Oct 2015

I know there were many issuse regarding the tax return, I thought it should not effect me since I did things right. But ....

Here is what happened:

My income during 2012-2013 contains "divident" which I claimed it to Home office to extend my visa.

My accountant told me that there were a mistake for my tax self assessment, so we corrected the figure to HMRC on Jan 2015, which is the same amount I declared to Home office.

I have some outstanding balance of my tax and I contacted HMRC and HMRC agreed to use “tax code” for me to pay the balance ( and HMRC started take the payment from July 2015 )

from the HMRC link "https://www.gov.uk/pay-self-assessment- ... l/overview" It is clearly stated that “TAX Code” is a method of paying tax.

I have some balance left (which should be paid by the “tax code” in future gradually ) on the date I applied my ILR on Oct 2015

I made a full payment to my tax after the date of my application, which is actually NOT necessary since HMRC already agreed to take the payment gradually by “TAX CODE” method. But I just want to make things easier.

My accountant write a letter to Home office to confirm that I “paid” all the balance in Nov 2015.

I waited 2 months and then I decided to pay 1900 to have a chance go to PEO and talk to the case worker face to face.

On the Interview, the case worker told me that “ You claimed the dividends but we contacted HMRC and still haven’t received the confirm from HMRC that you declared this dividends so based on your accountant letter, we think you amended your tax return to HMRC on Nov 2015, which was after your application so we think you are cheating"

so she refused my application.

Then I called the HMRC and they said the records has been updated long time ago and they sent me a confirm letter says that I declared the correct amount in Jan 2015.

I applied an admin review in Jan, I told then that I have the confirm letter from HMRC can prove that I did declare my tax in Jan 2015, which is far before the date I applied my ILR.

But the review still failed and still the same reason " you accountant said you paid the full amount after the date you applied ILR..."

what should I do? Do I have a chance to apply Judicial Review?

Many thanks

[Wanderer]

So..

You claimed a dividend in 2013 to boost your earnings to gain T1G extension but didn't pay the tax due at the time?

Then you tried to pay it later to cover it up?

Cutting to the chase here, no need to mince words...

[uktier1hope]

Hi,

I thought the dividents are the same as the wages which already deducted the tax...

anyway, it's my fault.

However, I tried to sort it far before my ILR application, so I wish it won't be a problem.

Do you think I could have any chance to win the JR? Since the case worker should get the confirmation from HMRC before she made the decision...

[HarryJones]

Please let's be careful not to make this thread a tax issue to avoid being locked.
However I have few questions :
1.When actually did you apply? You initially mentioned October , later you said you waited for two months before paying 1,900 etc.
2. which PEO did you attend?
3. What are the options given to you in your refusal letter?

[uktier1hope]

Hi Harry Jones

I applied in Oct 2015 at sheffield PEO and the case worker told me she needs more time and ask me to wait...

Then in Dec since I havent heard anything for a long time then I paid another 1900 to make an appointment to get the chance to chase the process face to face (which has been refunded later since it's not a new application )

they give me the optional to admin review and I did, but AR also failed.

thanks

[HarryJones]

So You used Sheffield for both.
Was there any mention of the deception clause?
When is your VISA expiring?

[uktier1hope]

Dear Harry Jones,

Yes, both in sheffield.

Yes, they mention the deception since "I amened the tax after I applied ILR..."

I think this is the point I will argue for the Judicial Review, I did amend...but it was nearly 10 months before my application. And even HMRC has agreed to take the tax through "tax code"...these all before I applied the ILR.

My visa has already expired. but still within 28 days of the admin review...I think the Home office consider Admin Review as a legal staying...

However, I cant apply to extend my tier1 since it's already closed...and also I cant make a new application for ILR since the word they used "deception" in my previouse application...I dont have a chance if I confess this as deception.

[HarryJones]

Please get all the correct proof from HMRC that show that you paid/declare the correct tax before October 2015 and present it to HO.

[uktier1hope]

Hi Jones,

I have got the confirm letter from HMRC...actually they are very kind and helpful, they even emphysis on the letter that the declare was made in Jan 2015. and I got the letter shows that HMRC started to take tax by "tax code" in July 2015...

However, since my Admin Review has been refused...I have no chance to present these documents to Home office...

[HarryJones]

Why didn't you present the letter for the ARnbefore the refusal or I'm not getting something?
Did you just obtain the letter? Pls explain if you can.

I think the gurus need to step in here.

[vinny]

I think that you should have presented the HMRC letter.

[uktier1hope]

I submitted the tax return files from my accountant for all the past few years which shows the correct figure...I thought it's enough...

All they based is my accountant's confirm letter which says I have paid all my tax in Nov...

I didnt expect this so I only required the confirm letter after I was refused...I should do that before I apply...but now is really stressful.

I got the confirm letter before Admin Review, but they didnt accept new documents...

I didnt mean that i have no fault...I just want to say I made mistake but I fixed it before I apply...10 month before I apply...

[HarryJones]

So the accountant letter mentioning Nov is the problem?

[uktier1hope]

The key point is, while I applied, the case worker told me that the records from HMRC does not contain the "divident" part...and since the accountant letter said I have paid all the tax in Nov and normally the HMRC will take several months to update the information, so the case worker assumed that I declared to HMRC in Nov...

for people pay tax by "tax code" or "direct debt", the final payment which "paid all" is not when they started to pay...


I called the HMRC the same day after I was refused, and HMRC told me it's definitly in the system and they will send me a confirm letter within 14 days...and I did receive the letter...but the Admin Review not allow me to add now documents...

Can I use this to attack Home Office that they didnt check the HMRC's records carefully?

[uktier1hope]

Do you think I have any chance to judicial review ? I am really tired now...

[uktier1hope]

By the way... I am planning to apply JR then left UK...I dont want to be an overstayer...will the JR be cancelled? if not, am I able to just apply a visit visa outside UK when the hearing is on action?

[HarryJones]

Do not be tired.
Stay positive.
IT shal be okay.

[uktier1hope]

Dear Jones,

Really really thanks for your support.

[vinny]

I called the HMRC the same day after I was refused, and HMRC told me it's definitly in the system and they will send me a confirm letter within 14 days...and I did receive the letter...but the Admin Review not allow me to add now documents...

Providing new evidence to refute dishonesty allegations is permissible.

[uktier1hope]

Dear Vinny,

But now my Admin Review has been refused and Home Office did not give me another chance...Who should I send the documents to ?

[HarryJones]

Can you do a fresh application?

[uktier1hope]

Dear Jones,

No. Since if I do a new application, the absent dates will be caculated as following:

Feb 2015 till Feb 2016
...
Feb 2013 till Feb 2014
...
Feb 2011 till Feb 2012

which had one year absent for 190 days.

My previouse case was:

Oct 2014 till Oct 2015
...
...
...
Oct 2010 till Oct 2011

which was fine

[HarryJones]

I think you were wrong.
You can still use your previous case.
You don't need to be exactly 5 years for ILR, you can be more than 5 years.
So go ahead if you have the money.
Let the gurus also confirm what I've said.

[uktier1hope]

I think you were wrong.
You can still use your previous case.
You don't need to be exactly 5 years for ILR, you can be more than 5 years.
So go ahead if you have the money.
Let the gurus also confirm what I've said.

Dear Jones,

If so it will be great...but from the guidance, it says the consecutive 12 months should be calculated from the date you submit the application...I hope I am wrong...

[HarryJones]

Let us wait for the gurus to speak !!!!