Solicitor saying no need to declare ccj for set (lr)

[Muffin007]

Hello guys

Please I need your input desperately. I've read through and I have quite a good understanding of the basic docs to submit.

heres mys tory in summary

JAN 07- 11 - Student visa

2011 - October 2013 PSW

Oct 13 (cant remember)- - April 16 -FLR (o) mother of British child

July 16- date - Extension of FLR (FP)

Ive been due for my ILR ( 10yr route ) since Jan 17. Im now ready to apply. my question is round my employment and tax returns. From 2007 to Nov 14, I worked as PAYE, then changed to director of limited company till March 17 where I pay SA and corporation tax . I'm now back as PAYE from april 17 till date

My issue is I have an outstanding Corporation tax and PAYE which I've not yet paid (my SAs have always been paid on time).

This was because I mistakenly applied late for my extension (3 days late and I understand this does not affect my 10 yr continuous residence as its still within 14 days) and so was unable to work till I got my extension in July last year so funds were really tight.

I want to do same day application with my lawyer. My lawyer has said I don't need to worry about my late payment of taxes and all (this is between me and the tax office) because all my previous extensions and stays have not been based on earnings or employment. Its just based on my continuous residence here for 10 years

pls advise is he right?Hes very good and I've never heard someone complain about his service or nay rejection so im a bit baffled

will they check this even though im no more working through LTD company since Apr. 17 and now working as PAYE?

Do I need to get my employment history for last 5 years or just payslips for 3 months and that's it?

pls and pls I need your input

Thanks a lot

[Muffin007]

Anyone please?

bump

[zimba]

This was because I mistakenly applied late for my extension (3 days late and I understand this does not affect my 10 yr continuous residence as its still within 14 days) and so was unable to work till I got my extension in July last year so funds were really tight.

You did not have legal right to work during that period until your next visa was granted as you were an overstayer. Also your failure to pay taxes might affect your application if it shows up on HO radar. You can apply in person and hope for the best.

[Muffin007]

Thanks Zimba88 for your input.

I understand I couldn't work because I was an overstayer

Now this is the confusing part. Lawyer says the payment of tax wouldn't matter as that's not what my previous stay has been based on, but im also assuming HO might look into this as well

he's planning to represent me at the same day application so he feels quite confident

dnt know what to do..im confused?

dnt want to waste so much money making these application with the wrong info

do u know anyone with similar circumstances that applied under the 10 yr route

thanks

[zimba]

As I said, failure to pay taxes or working without permission might affect your application. I don't know what you will face if you apply given these issues

[Muffin007]

Thanks Zimba88

Just to clarify i never worked when my visa expired. I was just stating it to explain i had run out of money as i was unable to work so couldnt pay these taxes.

Not an excuse i know but we know how tight things are when u suddenly have to stop work

Just worried about the tax issue

Thanks again

[zimba]

Obviously if you have arrangements in place to pay for the taxes owed, you should not face an issue if it comes up

[Muffin007]

im just getting more confused than ever with this application.

My solicitor who ive used for years and I know pple have had success stories with has said there's no need to declare normal ccjs of unpaid debts(credit cards etc).

he says what the form clearly states is Have you had any UK court judgment against you for non-payment of a debt, or received a civil penalty under UK immigration Acts?

these ccjs are not immigration related offences and this is how people just put themselves sin trouble by declaring unwanted information.it has to be CCJS relating to Immigration rules or ACts

Is this true please /

anyone find themselves in this situation

Thanks for your help

[CR001]

Your solicitor is not reading the question in the form correctly.

The question is if you have ANY county court judgments OR civil penalties under the immigration act. Only the second part of this refers to the immigration act.

If you have CCJs, you must declare them and this is ANY CCJ.

You also have your unpaid tax issue and a 3 month break in your long residence due to an out of time application.

Seems your application is likely bound to fail in my opinion.

[Muffin007]

Im not getting something clearly..


if your application was ultimately approved (even if it was out of time within) 28 days), it doesn't break your long residence continuity. i was never refused

ive spoken to different lawyers about this.

is there some confusion here

[CR001]

My understanding is that you had no valid leave to remain in the UK for 3 months (April to July 2016) and you had no Section 3C protection either. Long residence requires 10 years of legal stay. Only a period of 28 days overstay would likely be overlooked.

See page 18 in the link below.

https://www.gov.uk/government/uploads/s ... -v15_0.pdf

[Muffin007]

In 2012

The Rules were also amended to ensure that persons who had made out-of-time applications within the 28 day grace period, and whose applications were ultimately approved, would be considered to have an unblemished immigration history with respect to any subsequent application for permanent residence. One of the key requirements for indefinite leave to remain (ILR) is for an applicant to show that they have been continuously and legally resident in the UK for a certain period of time (in most cases, 5 years). A gap in their leave could be considered a break of continuous residence, leaving them ineligible for ILR. The Rules now allow persons who have had to rely on the 28 day grace period to continue to be eligible for settlement, which again, was a welcome development.

[Muffin007]

It doesnt say it has to be approved within 28days.

As long as youve made the application within 28days and is subsequently approved.it doesnt affect your stay

[Aleksej2008]

Hello guys

Please I need your input desperately. I've read through and I have quite a good understanding of the basic docs to submit.

heres mys tory in summary

JAN 07- 11 - Student visa

2011 - October 2013 PSW

Oct 13 (cant remember)- - April 16 -FLR (o) mother of British child

July 16- date - Extension of FLR (FP)

Ive been due for my ILR ( 10yr route ) since Jan 17. Im now ready to apply. my question is round my employment and tax returns. From 2007 to Nov 14, I worked as PAYE, then changed to director of limited company till March 17 where I pay SA and corporation tax . I'm now back as PAYE from april 17 till date

My issue is I have an outstanding Corporation tax and PAYE which I've not yet paid (my SAs have always been paid on time).

This was because I mistakenly applied late for my extension (3 days late and I understand this does not affect my 10 yr continuous residence as its still within 14 days) and so was unable to work till I got my extension in July last year so funds were really tight.

I want to do same day application with my lawyer. My lawyer has said I don't need to worry about my late payment of taxes and all (this is between me and the tax office) because all my previous extensions and stays have not been based on earnings or employment. Its just based on my continuous residence here for 10 years

pls advise is he right?Hes very good and I've never heard someone complain about his service or nay rejection so im a bit baffled

will they check this even though im no more working through LTD company since Apr. 17 and now working as PAYE?

Do I need to get my employment history for last 5 years or just payslips for 3 months and that's it?

pls and pls I need your input

Thanks a lot

Always tell the truth! get rid of your legal team.

[Muffin007]

Thank God

I got my ILR approved today despite all I've mentioned in previous posts. Stepped in at 830 at Croydon and came out at 1pm.

No questions asked.didn't even see the caseworker.