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ILR rejections

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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vsk
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ILR rejections

Post by vsk » Tue Mar 15, 2016 10:11 am

Hi Guys ,

I am applying ILR on Tier (1) 5 Year route.I have couple of questions

I was employed + self employed at my first Application 2010-2011 and I got extensions in 2013 & 2015 (Limited company).

For 2010/11, I have showed 40K to HO and declared only 32k to HMRC
For 2012/13 & 2014/15, I have showed 40K to HO and declared same to HMRC.

Now I understand for 2010/11, I need to amend the tax returns and repay the tax owed.

My question is even after amending and repaying the tax, will I get rejection ? I am thinking in the worst case, is there any other solution to avoid rejection ?

Please any advice me.

Thanks in advance

noajthan
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Re: ILR rejections

Post by noajthan » Tue Mar 15, 2016 10:26 am

vsk wrote:Hi Guys ,

I am applying ILR on Tier (1) 5 Year route.I have couple of questions

I was employed + self employed at my first Application 2010-2011 and I got extensions in 2013 & 2015 (Limited company).

For 2010/11, I have showed 40K to HO and declared only 32k to HMRC
For 2012/13 & 2014/15, I have showed 40K to HO and declared same to HMRC.

Now I understand for 2010/11, I need to amend the tax returns and repay the tax owed.

My question is even after amending and repaying the tax, will I get rejection ? I am thinking in the worst case, is there any other solution to avoid rejection ?

This is not a tax/business forum.
You appear to have a tax problem so need to seek tax advice and settle your taxes.


Please any advice me.

Thanks in advance
Refusal is an option the caseworker has at her disposal.

Worst case, there is no real 'solution' if the caseworker determines factors such as misrepresentation, deception etc came into play.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

vsk
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Re: ILR rejections

Post by vsk » Tue Mar 15, 2016 10:35 am

Can we say that it was an error rectified later on knowing the amendments and repaid the tax ? If we are clear with all my tax dues is there still chance to reject ?

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CR001
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Re: ILR rejections

Post by CR001 » Tue Mar 15, 2016 10:45 am

So not an error for visa extension and declared income to HO but definitely an error of £8k difference to reduce tax on income decalred to HMRC?? :shock:

If you search the forum, specifically 322(5) refusals, you will see the extent of the history of tax issues by Tier 1 G.
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noajthan
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Re: ILR rejections

Post by noajthan » Tue Mar 15, 2016 10:52 am

vsk wrote:Can we say that it was an error rectified later on knowing the amendments and repaid the tax ? If we are clear with all my tax dues is there still chance to reject ?
As reported by members there have been many examples of such 'mistakes', whether due to "incompetent advisors", entrepreneurs operating in ignorance or etc etc - and there have been many examples of refusals.

A caseworker will simply review the evidence, apply the rules and decide the case based on the current rules, balance of probabilities.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Re: ILR rejections

Post by Wanderer » Tue Mar 15, 2016 11:11 am

vsk wrote:Can we say that it was an error rectified later on knowing the amendments and repaid the tax ? If we are clear with all my tax dues is there still chance to reject ?
You mean compound the lie with another lie?
An chéad stad eile Stáisiún Uí Chonghaile....

vsk
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Re: ILR rejections

Post by vsk » Tue Mar 15, 2016 11:28 am

This is purely done on my ignorance. I'd like to rectify now. Will they consider if we rectify our mistake on my own ?

TechBro
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Re: ILR rejections

Post by TechBro » Tue Mar 15, 2016 4:26 pm

Hey vsk,

what was your required threshold? If the income was more then your required threshold and you have genuine expenses then you might be able to explain it. but if not and you have time, then it's better to rectify it. it takes 2-4 months to update. you'll have to provide them a valid reason for amending.

tyrian619
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Re: ILR rejections

Post by tyrian619 » Tue Mar 15, 2016 4:31 pm

Do we have any examples of refusals after amending the tax returns?
Can someone post the thread of they come across ?

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CR001
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Re: ILR rejections

Post by CR001 » Tue Mar 15, 2016 4:33 pm

tyrian619 wrote:Do we have any examples of refusals after amending the tax returns?
Can someone post the thread of they come across ?
If you search the forum, using the search tool at the top, or looking at the 'similar topics' at the bottom of your thread, you will find them. There have been so many recently.
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tyrian619
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Re: ILR rejections

Post by tyrian619 » Tue Mar 15, 2016 5:00 pm

CR001 wrote:
tyrian619 wrote:Do we have any examples of refusals after amending the tax returns?
Can someone post the thread of they come across ?
If you search the forum, using the search tool at the top, or looking at the 'similar topics' at the bottom of your thread, you will find them. There have been so many recently.
Thanks CR001

I tried searching with Tax amendment and also checked the related topics below. But couldn't particularly find any rejection because of tax amendment.

I am not sure if i am searching wrongly. Could you please help with either the search or the links

Thanks in Advance

Wanderer
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Re: ILR rejections

Post by Wanderer » Tue Mar 15, 2016 5:02 pm

An chéad stad eile Stáisiún Uí Chonghaile....

vsk
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Re: ILR rejections

Post by vsk » Wed Mar 16, 2016 10:43 am

Hi Techbro,

Thank you..
I have my visa till Mar 2018. Amendments will take min of 3 months it seems. So planning to applying after reflecting the changes in HMRC. But my worry is will they reject my visa based on deception and only paid the tax due for ILR purpose ?

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Casa
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Re: ILR rejections

Post by Casa » Wed Mar 16, 2016 11:04 am

Yes, the plain truth is they may well do. The abuse of the tax system has been widespread and HO, information sharing with HMRC are now getting tough. It doesn't take a mathematician to put 2 + 2 together and figure out that tax amendments are now only being made due to the threat of ILR refusual. :|
(Casa, not CR001)
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tyrian619
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Re: ILR rejections

Post by tyrian619 » Wed Mar 16, 2016 11:05 am

Hi Casa,

Any examples of such refusals?

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Casa
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Re: ILR rejections

Post by Casa » Wed Mar 16, 2016 11:19 am

tyrian619 wrote:Hi Casa,

Any examples of such refusals?
I don't have time to search for them all.
http://www.immigrationboards.com/indefi ... 85617.html
http://www.immigrationboards.com/indefi ... 85514.html
and
https://refusedilrtaxissues.wordpress.com/
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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