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ILR Tier 1 Gen Help

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

Kumar295
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ILR Tier 1 Gen Help

Post by Kumar295 » Fri May 06, 2016 8:02 am

Hello All,

I'm Tier 1 Gen and about to apply for my ILR end of this month. My question is, I was Employed and Self-employed for the years 2010-11 and 2012-13.

I have amended the tax for 2010-11 and got the manual calculations from HMRC in March and cleared all the outstanding due. The problem here is these amended figures are not being reflected in my SA302, have tried ringing HMRC several times which is of no use. They say that you can submit this manual calculation along with your SA302 as a proof.

What measures should I take in processing my application, should I attach a covering letter about my tax amendments?

Please, Can any members here forward me any sample covering letter?

My concern over here is, will the HO impose 322(5) for dishonesty?

Thanks.

geriatrix
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Re: ILR Tier 1 Gen Help

Post by geriatrix » Fri May 06, 2016 8:32 am

If the caseworker cannot see the updated tax information on their systems and if you cannot provide them with written confirmation from HMRC that the income & tax figures have been amended and all tax has been paid (e.g. - through a SA302) then it is almost certain that the application will be refused.
Life isn't fair, but you can be!

Kumar295
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Re: ILR Tier 1 Gen Help

Post by Kumar295 » Fri May 06, 2016 8:38 am

geriatrix wrote:If the caseworker cannot see the updated tax information on their systems and if you cannot provide them with written confirmation from HMRC that the income & tax figures have been amended and all tax has been paid (e.g. - through a SA302) then it is almost certain that the application will be refused.
Thanks for your quick reply.

I have the latest calculations from HMRC and the Total tax paid for that year is giving the total tax for that year can be viewed in my Online account i.e. the tax Over view for that year. I have the payment statements as Well.

Is there any way to update the SA302 with HMRC?

Regards
Kumar

srimanthudu5957
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Re: ILR Tier 1 Gen Help

Post by srimanthudu5957 » Fri May 06, 2016 9:52 am

Kumar295 wrote:
geriatrix wrote:If the caseworker cannot see the updated tax information on their systems and if you cannot provide them with written confirmation from HMRC that the income & tax figures have been amended and all tax has been paid (e.g. - through a SA302) then it is almost certain that the application will be refused.
Thanks for your quick reply.

I have the latest calculations from HMRC and the Total tax paid for that year is giving the total tax for that year can be viewed in my Online account i.e. the tax Over view for that year. I have the payment statements as Well.

Is there any way to update the SA302 with HMRC?

Regards
Kumar

As, Far as I know there is no way in updating SA302 , I had similar situation and I went with Tax Overview Documents for Last 5 years which can be either Ordered from HMRC or can be printed out from Online account .

Your Tax paid after amendments should reflect on these Tax Over view documents section.

All The Best
Sri

jarraj1102
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Re: ILR Tier 1 Gen Help

Post by jarraj1102 » Fri May 06, 2016 10:25 am

Hi Shri,

Was your ILR successful?
Was it on the Same day application or Postal?
Did you submit any other documents to explain why the amendments were done i.e cover letter, account letter, any kind of solicitor help?

Kindly share this information, as this will immensely help who are in similar situation.

Many Thanks

srimanthudu5957
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Re: ILR Tier 1 Gen Help

Post by srimanthudu5957 » Fri May 06, 2016 10:30 am

Yes was successful refer to the post in the PEO successful applications thread.
Took the help of a Solicitor.Documentation was all prepared by him.

Kumar295
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Re: ILR Tier 1 Gen Help

Post by Kumar295 » Fri May 06, 2016 11:24 am

srimanthudu5957 wrote:Yes was successful refer to the post in the PEO successful applications thread.
Took the help of a Solicitor.Documentation was all prepared by him.
Hello Sri,

If you don't mind, are you happy to share the details the Solicitor who helped you. That would be great help. Thanks

bond98850
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Re: ILR Tier 1 Gen Help

Post by bond98850 » Fri May 06, 2016 11:35 am

Hi kumar

reg amanedments you said you have received on march 2016 for 2010- 2011 year
when did you submitted it?

i am also sent mine 2months ago so far no update your answer will help us to understand hmrc tim frame

Kumar295
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Re: ILR Tier 1 Gen Help

Post by Kumar295 » Fri May 06, 2016 11:39 am

bond98850 wrote:Hi kumar

reg amanedments you said you have received on march 2016 for 2010- 2011 year
when did you submitted it?

i am also sent mine 2months ago so far no update your answer will help us to understand hmrc tim frame
Hello,

In the first week of Jan.

Keeping chasing them every alternative day for the update.

srimanthudu5957
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Re: ILR Tier 1 Gen Help

Post by srimanthudu5957 » Fri May 06, 2016 12:39 pm

Kumar295 wrote:
srimanthudu5957 wrote:Yes was successful refer to the post in the PEO successful applications thread.
Took the help of a Solicitor.Documentation was all prepared by him.
Hello Sri,

If you don't mind, are you happy to share the details the Solicitor who helped you. That would be great help. Thanks
I am Happy to share but the rules here does not allow to post it openly , you need to have the permission for private messaging .speak to the admin team and sort out .
I can privately message u the details .

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CR001
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Re: ILR Tier 1 Gen Help

Post by CR001 » Fri May 06, 2016 12:52 pm

srimanthudu5957 wrote:
Kumar295 wrote:
srimanthudu5957 wrote:Yes was successful refer to the post in the PEO successful applications thread.
Took the help of a Solicitor.Documentation was all prepared by him.
Hello Sri,

If you don't mind, are you happy to share the details the Solicitor who helped you. That would be great help. Thanks
I am Happy to share but the rules here does not allow to post it openly , you need to have the permission for private messaging .speak to the admin team and sort out .
I can privately message u the details .
Members do not have access to the PM function until they have reached 30 posts. Any member found to be posting padding or nonsense posts to increase their post count, will have these posts deleted and PM function disabled for the foreseeable future.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Kumar295
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Re: ILR Tier 1 Gen Help

Post by Kumar295 » Fri May 06, 2016 1:03 pm

Dear Admin,

So there is no other way of getting those details from Sri, until I post 30 posts?

Please suggest me is there any other alternative to it. Thanks

geriatrix
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Re: ILR Tier 1 Gen Help

Post by geriatrix » Fri May 06, 2016 1:11 pm

Beyond me why people don't make themselves aware of the forum T&Cs before starting to post on the forum!

please restrict your queries to immigration matters - this is not the place to search for solicitors nor to ask about availability / non-availability of PM facility or alternatives. This is not a tax / HMRC forum either. If you have queries regarding HMRC, google a tax forum.
Life isn't fair, but you can be!

Kumar295
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Re: ILR Tier 1 Gen Help

Post by Kumar295 » Fri May 06, 2016 1:14 pm

well, I apologize... It was my mistake.

geriatrix
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Re: ILR Tier 1 Gen Help

Post by geriatrix » Fri May 06, 2016 1:25 pm

A tax overview document does not state the income, only the tax. A UKVI caseworker is not going to wreck his brains to figure out the "income" on which the tax, as shown in the tax overview, has been paid and whether that income is the same as what has been declared to UKVI / HMRC in the past.
Likewise, printing out webpages isn't rocket science. I can manipulate online prints in less than a minute, and I am sure anyone even a little bit tech savvy can do it too!

So, unless the UKVI caseworker sees evidence that he/she can confidently say is from HMRC (the source), the caseworker may not believe the printouts you show him / her.


Just because one applicant was lucky is not a guarantee that you'll get lucky too! You'll only know when you try on your own ....
Life isn't fair, but you can be!

sunny_sunny
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Re: ILR Tier 1 Gen Help

Post by sunny_sunny » Fri May 06, 2016 2:02 pm

It is Tax deception. Every one pays taxes on what they earn and paying taxes later during ILR process is deception

srimanthudu5957
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Re: ILR Tier 1 Gen Help

Post by srimanthudu5957 » Fri May 06, 2016 2:41 pm

geriatrix wrote:A tax overview document does not state the income, only the tax. A UKVI caseworker is not going to wreck his brains to figure out the "income" on which the tax, as shown in the tax overview, has been paid and whether that income is the same as what has been declared to UKVI / HMRC in the past.
Likewise, printing out webpages isn't rocket science. I can manipulate online prints in less than a minute, and I am sure anyone even a little bit tech savvy can do it too!

So, unless the UKVI caseworker sees evidence that he/she can confidently say is from HMRC (the source), the caseworker may not believe the printouts you show him / her.


Just because one applicant was lucky is not a guarantee that you'll get lucky too! You'll only know when you try on your own ....
OMG cannot believe a post like this from an ADMIN ... First of all feel sorry they you have expressed your views.

Tax Overview Documents clearly shows the total tax paid. Does that not indicate approx how much amount you have earned . So , if my tax Over view documents say I have paid tax of £7K for that year, do you guess the income was less than £10K . Use a bit of logic and you can easily say it some where between £45K simple maths . You do not need to be lucky to understand this.

For your information even if you have printed online from your own account these will be accepted and any doubts the CW can check.

Pscloud
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Re: ILR Tier 1 Gen Help

Post by Pscloud » Fri May 06, 2016 2:51 pm

Only croydon is accepting amendments. And latest news is they stopped accepting as well.

Its all about luck now.

geriatrix
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Re: ILR Tier 1 Gen Help

Post by geriatrix » Fri May 06, 2016 3:15 pm

srimanthudu5957 wrote:Tax Overview Documents clearly shows the total tax paid. Does that not indicate approx how much amount you have earned . So , if my tax Over view documents say I have paid tax of £7K for that year, do you guess the income was less than £10K . Use a bit of logic and you can easily say it some where between £45K simple maths . You do not need to be lucky to understand this.
No, it doesn't! It can only be used to guess your "taxable" income and not your "gross" income that you might have used to score points in a PBS application! So £7K tax may equate to £45K "taxable" income but this doesn't necessarily mean that your gross income was £45K. But a SA302 would you have your income and tax calculations in detail (including gross, taxable, and tax).

Moreover, It is not a question of logic or guess work! The caseworkers are not trained to do that. All they are trained to do is to verify whether what is declared to UKVI in previous (immigration) applications match (not be similar to, but match) what was declared to HMRC in that year or not, and whether any tax outstanding has been paid or not. Do they check tax evasion for other years? Perhaps .... but for such years the only thing a UKVI caseworker can do is check for any outstanding tax liability that HMRC records show because there isn't another set of figures to "compare with"! They cannot accuse one of deception for such years but only for the years where income has been declared to UKVI to support an immigration application and that income & tax does not match HMRC records.

Your assertions lead me to ask two questions:
1. Whether you used the income (of the year that you amended the income and tax for) to support a PBS immigration application?
2. If yes, then despite (many) people posting on the forum that the UKVI caseworkers are unable to view any amendments done post January 2015 on their systems, how come the CW in your case was able to check your amendments done in January 2016 and compare it with the tax overview documents you provided him?
Life isn't fair, but you can be!

Plzilr
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Re: ILR Tier 1 Gen Help

Post by Plzilr » Fri May 06, 2016 3:25 pm

dont go anywhere just send it by post and just chill and enjoy summer now :twisted:

Plzilr
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Re: ILR Tier 1 Gen Help

Post by Plzilr » Fri May 06, 2016 3:26 pm

sunny_sunny wrote:It is Tax deception. Every one pays taxes on what they earn and paying taxes later during ILR process is deception
sunny do you even know the deception meaning?

srimanthudu5957
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Re: ILR Tier 1 Gen Help

Post by srimanthudu5957 » Fri May 06, 2016 3:39 pm

geriatrix wrote:
srimanthudu5957 wrote:Tax Overview Documents clearly shows the total tax paid. Does that not indicate approx how much amount you have earned . So , if my tax Over view documents say I have paid tax of £7K for that year, do you guess the income was less than £10K . Use a bit of logic and you can easily say it some where between £45K simple maths . You do not need to be lucky to understand this.
It is not a question of logic or guess work! The caseworkers are not trained to do that. All they are trained to do is to verify whether what is declared to UKVI in previous (immigration) applications match (not be similar to, but match) what was declared to HMRC in that year or not, and whether any tax outstanding has been paid or not. Do they check tax evasion for other years? Perhaps .... but for such years the only thing a UKVI caseworker can do is check for any outstanding tax liability that HMRC records show because there isn't another set of figures to "compare with"! They cannot accuse one of deception for such years but only for the years where income has been declared to UKVI to support an immigration application and that income & tax does not match HMRC records.

Your assertions lead me to ask two questions:
1. Whether you used the income (of the year that you amended the tax for) to support a PBS immigration application?
2. If yes, then despite (many) people posting on the forum that the UKVI caseworkers are unable to view any amendments done post January 2015 on their systems, how come the CW in your case was able to check your amendments done in January 2016 and compare it with the tax overview documents you provided him?
YES for your question 1

2. How can you say the UKVI has just information till 2015 , you are giving that answer based on many people who have posted here. But can someone show at least a rejection letter showing that UKVI has confirmed that they have data base only till 2015 (I guess its just an assumption ) , I have been told by a solicitor who has dealt at least more than 1K ILR applications clearly that UKVI has access to what ever they want and why would they want to operate on year old data base???. Also, you have got links from whtdotheyknow with what access and what information UKVI collects from HMRC.

But end of the day it is up to the CW to make a decision , so the part of access of year old data base and current data base does not come into point.

Hope this clears your doubts. Also, I know at least 20 or more people from other groups who have amended tax returns before applying ILR paid off everything if any dues and got it approved.
But I would not deny there are minute number of people who got rejected despite everything.

But the most cases of rejections which I find are
amendments still pending with HMRC
amendments done , but not cleared off the amount with HMRC
Previous Employers did not pay tax
or many other reasons.

thiruuk
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Re: ILR Tier 1 Gen Help

Post by thiruuk » Fri May 06, 2016 3:47 pm

Hi what about new self assessment declaration? Is Croydon accepting that.?
tHiRu

srimanthudu5957
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Re: ILR Tier 1 Gen Help

Post by srimanthudu5957 » Fri May 06, 2016 3:49 pm

thiruuk wrote:Hi what about new self assessment declaration? Is Croydon accepting that.?
I was not given a Questionnaire in Croydon ...Not sure if it changed now.

I went 2 weeks back for an appointment

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Re: ILR Tier 1 Gen Help

Post by geriatrix » Fri May 06, 2016 3:53 pm

srimanthudu5957 wrote:2. How can you say the UKVI has just information till 2015 , you are giving that answer based on many people who have posted here. But can someone show at least a rejection letter showing that UKVI has confirmed that they have data base only till 2015 (I guess its just an assumption ) , I have been told by a solicitor who has dealt at least more than 1K ILR applications clearly that UKVI has access to what ever they want and why would they want to operate on year old data base?
Just as I have to believe that you have received ILR, I also have to believe what others post! Else, it will amount to judging people!

It is a different matter what I personally know or am aware of. And I usually refrain from making assertions based on those facts.
Life isn't fair, but you can be!

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