Tier1 and ILR issue

[SAAK]

Hello everyone

I am new here to discuss my case.

I am doctor by profession in nhs.

I came to UK in 2008 to study masters degree in university on student visa. Then i had post study work visa for one year when i established my self employed business and i had 5 employees. I was preparing for my plab exam as well. I applied for HSMP in 2011 march and got it. Then i left for exams and my company was run by my friend and employee. When i returned, company was in hammered with loss plus i failed my exam which put me out of track and i abandoned business and my accountant submitted accounts which were less then what i declared to home office. It was not intentional. I completed my plab in 2012 january and got employed in nhs in August 2012. In 2013 i applied for extension and got it based on nhs earnings. Since then i am high earner.
In august 2015 when i moved office, i found out some invoices of which I was not aware of from 2011. My ex employee had took money from companies and hid it. He has since left for india and i didn't have his contact. So my another friend went to india to find him and failed. I informed my accountant who assessed my accounts again and based on profit curve, amended accounts. While we were working on it, I went to window for visa with my solicitor who didn't go through previous accounts. On window i realised that they were looking at 2010 and 11 accounts from HMRC and i withdrew my application before any decision.
We submitted amended tax returns and also sent visa application by post. I informed police of theft in my company and discussed realistic options. I have log number. After discussions with police i decided to hold off police investigations as they can't find one person in big india. Now my tax returns are updated when hmrc took long and i officially complained. I have written apology of hmrc for their mistake too. Now its 10 months plus and i haven't received a decision. They sent one letter saying that due to extra ordinary circumstances its delayed. Hmrc records were updated on 3rd august whils they sent me letter on 22nd August 2016.

What shall i do?
What do you think they will decide and how shall i proceed?

[Abc499]

Hello everyone

I am doctor by profession in nhs.

i abandoned business and my accountant submitted accounts which were less then what i declared to home office. It was not intentional.
No accountant will submit anything to HMRC unless you sign it, so accountant submit it with your authorization.

We submitted amended tax returns and also sent visa application by post. I informed police of theft in my company and discussed realistic options. I have log number. After discussions with police i decided to hold off police investigations as they can't find one person in big india. Now my tax returns are updated when hmrc took long and i officially complained. I have written apology of hmrc for their mistake too.
police investigation, HMRC apology letter may not be helpful they way you are thinking. I guess HMRC may reply you about the delay in updating but not something they did mistake in your earlier 2011 tax record. 2011 tax record you are correcting in 2016 when applying for ILR could give the impression to HO that this is done to secure ILR only and you would not correct it if no ILR application.

Hmrc records were updated on 3rd august whils they sent me letter on 22nd August 2016.
you check check HMRC update confirmation, if it says further assessment or anything like additional tax with the previous amount rather than amending the previous figures then HO might not get the updated figures even if paid in HMRC now.

rather than trying to blame the accountant/employee/HMRC for less declaration in 2011, you could explain HO about the mistake when you apply via post and to update with the correct HMRC documents when submitted in correct way if this was a genuine mistake. I wish HO consider your amendments.

But if you blame others then it will look like a doctor is saying the nurse was responsible for the patient treatment when patient situation getting worst.

[SAAK]

Thank you very much for your reply.

Yes i do understand that it was submitted with my signatures on it and that is the reason i am responsible for it. Tax return submitted was based on the information we had at that time and that was the reason i did not blame my employee.

But based on new information since august 2015, I strongly believe that some of the money was stolen by one of my employee and after communicating to my accountant who is one of the bests, i spoke to police and discussed it to see what can be done. Unfortunately nothing can be done and I am the one who is responsible for all this. I take the full blame and i have no problem in admitting this. (I am a doctor and i can work anywhere in the world as doctor to earn my livings plus UK is not heaven either. So this visa is definitely not the end or the aim).

My problem is that I have obsession of keeping things straight which i have done by paying all taxes due. I paid 46000 pounds tax last year. If i were to hide some quids, i would have saved thousands. HMRC apologised for unnecessary delay in dealing with my amended tax return and its updated on HMRC. There is no word like updated returns on HMRC.

We can blame a nurse if i prescribe paracetamol and she administers 4 tablets altogether or none. I am responsible for prescriptions only.

Thanks alot for critical analysis as i have understood few points and i need to work on it. Regards

[noajthan]

The question of governance as well as due care and diligence come into the picture too.
Noone operates in a vacuum, and, in immigration context, the applicant has the skin in the game as well as his/her neck on the block.

[SAAK]

The question of governance as well as due care and diligence come into the picture too.
Noone operates in a vacuum, and, in immigration context, the applicant has the skin in the game as well as his/her neck on the block.

Agreed. I am all in. Again to reiterate..a mistake can be genuine and human factor which can be addressed and is acceptable provided no one is endangered or hurt.

[SAAK]

Migration is a journey not a destination. When I despair, I remember that all through history the ways of truth and love have always won.


Fully agreed. Loved it

[CR001]

The question of governance as well as due care and diligence come into the picture too.
Noone operates in a vacuum, and, in immigration context, the applicant has the skin in the game as well as his/her neck on the block.

Agreed. I am all in. Again to reiterate..a mistake can be genuine and human factor which can be addressed and is acceptable provided no one is endangered or hurt.

Still doesn't change HO's view on such income/tax discrepancy matters which can lead to refusal due to deception.

[SAAK]

I understand this and i am determined to prove that I did not deceive anyone intentionally.

[SAAK]

An Update:

Received a letter from HOME OFFICE for a detailed financial history including all SA3O2s and tax returns in last 5 years. They have asked for a detailed explanation of any amendments and any evidence to support our statement. They can also ask for interview.

Will update once all sent and any further communication received.

[rchadha123]

Hi SAAK,

Have there been any updates on your application?

Thanks