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Hi,

Can anyone please offer advise regarding my friend's recent ILR application on 18th of June which was held for further enquiries.

A bit of background regarding his application. He has been working for a reputable bank for the last 5 years and applied after completing 2yrs on HSMP + 5yrs Tier 1 and submitted the following documents

12 months payslip
12 months bank letter
employer letter
life in UK results
cohibition document

The only complication was that he received a letter from HMRC 3 days back to pay last charges penalty for his tax not being filed for 2008-2009. He applied for for Tier 1 in 2009 as part self employed + job at the bank. He hired an accountant to do his tax but the HMRC letter suggested that his tax was not paid by the accountant which he was not aware of (He made a big mistake by trusting the accountant and did not get copies of any documents)

He filed his back dated returns yesterday by hiring another accountant, this was done online and he got the printout of proof. He called HMRC today to pay the tax but the paperwork has not been received yet and he has been advised that this is normally updated within 48 hours.

The question i have is will his application be refused on this basis or if he pays the tax tommorow and HO enquires about his tax status and it comes as paid then will they issue him the ILR.

Would really appreciate if someone can provide information how does HO do tax enquiries

thanks

kash4uall wrote:Hi,

Can anyone please offer advise regarding my friend's recent ILR application on 18th of June which was held for further enquiries.

A bit of background regarding his application. He has been working for a reputable bank for the last 5 years and applied after completing 2yrs on HSMP + 5yrs Tier 1 and submitted the following documents

12 months payslip
12 months bank letter
employer letter
life in UK results
cohibition document

The only complication was that he received a letter from HMRC 3 days back to pay last charges penalty for his tax not being filed for 2008-2009. He applied for for Tier 1 in 2009 as part self employed + job at the bank. He hired an accountant to do his tax but the HMRC letter suggested that his tax was not paid by the accountant which he was not aware of (He made a big mistake by trusting the accountant and did not get copies of any documents)

He filed his back dated returns yesterday by hiring another accountant, this was done online and he got the printout of proof. He called HMRC today to pay the tax but the paperwork has not been received yet and he has been advised that this is normally updated within 48 hours.

The question i have is will his application be refused on this basis or if he pays the tax tommorow and HO enquires about his tax status and it comes as paid then will they issue him the ILR.

Would really appreciate if someone can provide information how does HO do tax enquiries

thanks

How do you know that the delay has resulted because of the tax issue?

no, but as per my discussion with my friend everything else looks fine and the only thing that he thinks is not in order is the tax issue which unfortunately he was not aware off until 3 days from the application.

My friend said the when he asked the caseworker if he requires any further documents from him, he was told by CW that all the documents are in order and he does not require any further document. however the CW said he cannot say what further enquiries they will be doing.

also my said that when he went to the accountant to see if the returns can be filed back dated he was also told by the accountant that the HO now checks the tax paid on applicants who have been self employed during any of the 5 year period and they can see if the tax has been paid or not

can an expert please provide their view if my friend has a chance of getting an approval if the tax is paid before HO enquires about the tax.

Also do you think if the application is refused that there is a chance to appeal as the tax will be paid by tommorow.

thanks