Immigrationboards.com

Hello experts,

I got my ILR in March 2014 after being on Tier-1 General for 5 years prior to that. When I filed for ILR I was working in a company and also registered as self employed (Limited company). While applying for ILR I had shown both to the UKBA. I left UK after getting my ILR due to serious medical condition because of which I could not pay my self-employed limited company taxes and my company was dissolved by HMRC last year. Since I was working as well with a company until 2014 my taxes through that are upto date. But, I had claimed points for both for my ILR application. I didn't pay tax to HMRC as I was out for a long time. Now I am back but since my company has been dissolved my accountant has mentioned it will be around £5000 to pay as liability to HMRC if I want to reinstate the company which is a lot of money.

When I apply for naturalisation would that stand against me as I had no intentions of duping HMRC but due to penalties the fee is too high to pay now. I do have all the medical history records with me though to show to the Home Office.

Please advise. Thanks

Hi,

Did you withdraw dividends from the company? If yes, you need to declare that in your self assement and pay tax on it before going to HO.

Any discrepency of this nature is taken very seriously these days and your ILR status could be at risk if any issue of this nature is found out.

I suggest not to apply for naturalisation until you have everything in order. Medical condition may not be accepted by HO.

Was you away for more than 90 days, if yes then you may not meet residence requirement anyways.

genuinerepliesonly wrote: I left UK after getting my ILR due to serious medical condition

When did you return to the UK? What are you absences in the last 12 months before you plan to apply and the last 5 years before you plan to apply?

What do you plan to do about your tax bill as it sounds like you are ignoring it or not planning on paying it?

CR001 wrote: What do you plan to do about your tax bill as it sounds like you are ignoring it or not planning on paying it?

Yes, I think so.

You need to contact HMRC to know what is due. Explain your situation to HRMC and they might write-off some of the dues. As CR001 highlighted please do not ignore your tax bill. Settle all the issues with HRMC before you apply. However, I am afraid, your medical conditions will make any difference in your case at HO. Please remember, citizenship is a privilege not a right.

genuinerepliesonly wrote:When I apply for naturalisation would that stand against me as I had no intentions of duping HMRC but due to penalties the fee is too high to pay now. I do have all the medical history records with me though to show to the Home Office.

Please advise. Thanks

Start here, do some of your own heavy lifting and try to form your own opinion or best guess:
https://www.gov.uk/government/uploads/s ... _D_v02.pdf

I am not ignoring or not planning to pay it. I am keen to pay it and settle all my accounts but because of penalty with HMRC it's fairly high. I am very much keen to pay taxes as I've always paid genuinely over the years. Also, I understand the 90 day absence period. I am not planning to apply for it now. I'll take time to do it. But, thanks all for your replies and suggestions. Highly appreciate it.

HO might take the view that if you have £1236 for a naturalisation application, then this could have been used to pay some of your HMRC liabilities.

Yes, I think you got it wrong. I mentioned earlier that I have full intentions to pay it but since the penalty is too high and the company has been dissolved by companies house so it's a long process to reinstate it and settle all accounts. I spoke with the companies house and they mentioned that why would I like to reinstate it if I have no assets on it and it didn't make sense to them. But, they were pleased with my honesty and sincerity and wished everyone in the country was like me who genuinely wanted to pay taxes and help the people who live on dole.

I do understand what you are saying and have read your opening post properly, but I am giving you the view that HO could take and they do take issues such as your seriously and the good character requirement has been toughened. You asked for genuine advice, I am giving you that, we don't sugar coat things here, we tell it as it is.

The large volume of ILR refusals for Tier 1 General migrants in recent months due to tax issues should be warning enough to people to get their affairs in order or at least have a very committed provable repayment plan in place with HMRC before submitting further applications to HO.

Thanks for that. I do appreciate the sincerity and effort that you put in to help people like us. Would HMRC have a repayment plan system to file taxes. Any thoughts on that one. Thanks again for being so helpful.

Yes, many people enter into a repayment plan with HMRC, especially when there is a high bill to pay like yours, and it might be your best option and get it going to show you are committed to repaying it. Suggest give them a call and speak to them or pop into one of their walk in centres to speak to someone.

Look at it from the perspective of the case worker.

How long were you out of the country? Was it over 2 years as that may affect your ILR.

So you left a job to go home for medical treatment. Did you not have cover in the UK? If you went home then you should have informed the HMRC, as you did not they may have seen that as evasion of taxes.

The case worker cannot assume anything other than the facts they have.

What you need to do is explain everything to HMRC and get clear with them then have something official in place regards your tax issues.

The and only then consider a BC application if you meet all the rest of the criteria.

genuinerepliesonly wrote:Yes, I think you got it wrong. I mentioned earlier that I have full intentions to pay it but since the penalty is too high and the company has been dissolved by companies house so it's a long process to reinstate it and settle all accounts. I spoke with the companies house and they mentioned that why would I like to reinstate it if I have no assets on it and it didn't make sense to them. But, they were pleased with my honesty and sincerity and wished everyone in the country was like me who genuinely wanted to pay taxes and help the people who live on dole.

I find this attitude that taxes are only for people who live on dole very condescending and insulting, first educate yourself where taxes are spent and also using the term dole in a pejorative way.

kankerot wrote:

genuinerepliesonly wrote:Yes, I think you got it wrong. I mentioned earlier that I have full intentions to pay it but since the penalty is too high and the company has been dissolved by companies house so it's a long process to reinstate it and settle all accounts. I spoke with the companies house and they mentioned that why would I like to reinstate it if I have no assets on it and it didn't make sense to them. But, they were pleased with my honesty and sincerity and wished everyone in the country was like me who genuinely wanted to pay taxes and help the people who live on dole.

I find this attitude that taxes are only for people who live on dole very condescending and insulting, first educate yourself where taxes are spent and also using the term dole in a pejorative way.

A better term would have been ' people who need it the most'
although taxes are spend on countless things other than benefits.

Well, I am not here to impress you with being nice towards where the taxes are being spent. I work in Investment banking myself so I know economically where it goes. But, as per personal perspective it goes towards helping so many people who 'choose not to work' and bring up a family of 6-7 children. The main motto here is not to debate whether I am being polite or not. I have a view point and you have one as well. But, I find your comment quite derogatory and xenophobic as well. If you are unhappy about my view-point then you've every right to debate it but calling it outright as insulting shows your little knowledge and unwelcoming attitude towards migrants. It's demeaning the perspective of this blog wherein you come for advise and then being pointed out on your perspective towards certain things in life.

Unfortunately, I am really unhappy with these dearly beloved remarks that I've received in this blog and choose to delete my account but I would personally like to thank certain people who helped me out.

*Having an educated migrant in UK is a privilege for the country and not their right*