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1) My applied for indefinite leave to remain on 20 july 2016 (before my leave expired on 29th July 2016)

2) I was refused on 21 June 2017 with administrative review option

3) submitted my administrative review on 22th June 2017

4) I was refused on 26 August 2017 (I believed this ended my 3c)

5) i submitted a new application on 1 of September 2017 within the 14 days stated based on 8 article family and private life


Now

1) i have submitted tax 2010/2011 to hmrc and waiting for a reply

2) I can change income earning periods from June 2015 - July 2016 to Jan 2016 – Feb 2017


Questions

1) based on the above, can I vary my application back to ILR based on tier1 above?

2) would the home office accept it if hmrc cleared and accepted the tax?

3)how does it affect 10yrs rule if possible?

4) what is your advice please


Adams Steve

PDP wrote: ↑

Sat Sep 23, 2017 2:53 pm

Questions

1) based on the above, can I vary my application back to ILR based on tier1 above?

2) would the home office accept it if hmrc cleared and accepted the tax?

3)how does it affect 10yrs rule if possible?

4) what is your advice please


Adams Steve

1. You can vary an application to any category (if you eligible for that on the time of varying) until it is decided.

2. In almost all the cases if you contact HMRC for paying more to them then they will accept it, so there is nothing like HMRC took your tax means you are OK. It will be very difficult for you to sort out this when you are updating the tax after they refuse on this ground because it is very clear to UKVI now that you are paying the tax now only as they refuse you and paying only to get the ILR.

3. I think your contentious residency for 10Y (LR) will continue until your current application decided/positive, but any subsequent negative decision means you will no longer eligible for this.

1) Does that mean the Home office will not accept the evidence if hmrc cleared the tax issue? I mean especially if the same tax situation that was told home office during the application that there was no tax to be paid because of losses and allowance, this is now the same submitted to hmrc for clearance and acceptance?

2) Since the administrative review was refused and ended the 3c in 2017, does this work against 10yrs because 10yrs will be completed next year 2018? would they say you were not up to the 10yrs when your 3c was stopped because of the administrative review refusal?

2. You don't have any legal stay as your section 3C ended with AR. You have also lost the right to work when your section 3C ended. You would need your FLR private life to be successful for any overstay to be disregarded for ILR (not so for citizenship).

On what basis have you claimed private life??? Or have you submitted this as you are trying to 'buy time' or as a last resort?

my point is that


1) Does that mean the Home office will not accept the evidence if hmrc cleared the tax issue? I mean especially if the same tax situation that was told home office during the application that there was no tax to be paid because of losses and allowance, this is now the same submitted to hmrc for clearance and acceptance?


2) i submitted flr application based on article 8

PDP wrote: ↑

Sat Sep 23, 2017 6:31 pm

my point is that


1) Does that mean the Home office will not accept the evidence if hmrc cleared the tax issue? I mean especially if the same tax situation that was told home office during the application that there was no tax to be paid because of losses and allowance, this is now the same submitted to hmrc for clearance and acceptance?

I do not know what do you mean by HMRC clearance! If there is any loss and you pay less tax to HMRC then may be it is ok with HMRC but this is nothing that UKVI will consider when the difference is significant.

To make it simple and straight, what UKVI want is to see that you paid tax on the amount (or more but not less) that you declared to UKVI on your initial visa application. If you go through this forum, you will see that the T1G most refusals is on this ground.

If you show UKVI an evidence from hmrc that the tax issue has been sorted out, why wouldn't accept the evidence?

If they still refused based on this, can you win in court?

PDP wrote: ↑

Sat Sep 23, 2017 7:46 pm

If you show UKVI an evidence from hmrc that the tax issue has been sorted out, why wouldn't accept the evidence?

If they still refused based on this, can you win in court?

It's generally considered that the tax amendment was only made in order to obtain ILR.

Even when you declared the same figure, in this case, no amendent, just submitting same figure to hmrc that you used in your application then?

PDP wrote: ↑

Sat Sep 23, 2017 2:53 pm

Now

1) i have submitted tax 2010/2011 to hmrc and waiting for a reply

2) I can change income earning periods from June 2015 - July 2016 to Jan 2016 – Feb 2017

Adams Steve

It appears in this case there were tax amendments.

PDP wrote: ↑

Sat Sep 23, 2017 8:19 pm

Even when you declared the same figure, in this case, no amendent, just submitting same figure to hmrc that you used in your application then?

No amendmend, just submitting same figures to HMRC !!!
is that means you did not submit anything to HMRC in 2010/11 and now submitting same as what was claimed in UKVI application?

If I misunderstood, then will you be able to clearly mention what was claimed in UKVI application, tax paid on what amount, what document you expecting from HMRC now.

Tax was paid based on employment income 2011 but no tax payment on self employment due to losses and allowance. but all money submitted to ukvi then, now they asked why self employment was not submitted to hmrc, which has now been submitted based on the same self employment amount

would ukvi now accept it if hmrc agreed ?

This is much more bigger issue than tax amendment as you completely ignore a self-assessment submission where you claimed self employed income to UKVI and probably no answer is sufficient to UKVI now to validate for not submitting. Even if you submit now (no tax, pay tax), if I put myself in your situation I do not see any hope.

Because no tax to be paid and HMRC was informed

PDP wrote: ↑

Sat Sep 23, 2017 10:09 pm

Because no tax to be paid and HMRC was informed

Seems to me, you are very strict to your understanding but not open to listen anything rather than your understanding.

You said you claimed self-employed income in UKVI application.
You said no self-assessment submitted earlier for 2010-11
You said you are submitting now.
You saying no tax to be paid now.

Usually if there is any income from Self-employed activity then there should be tax. However even if ZERO tax then still self-assessment need to be submitted. However if you can provide the example figures then may be easy to understand the scenario more clearly but you are not willing to do so.

Hope some other members may be able to help you if they understand the situation and can help.