Immigrationboards.com

krishna321 wrote: ↑

Thu Jan 25, 2018 10:35 pm

Hi Tier1 Gurus,

My final Tier1 G visa is till March 2018 and am eligible for ILR ( completed 5 yrs from 2012 to 2017 ). Planned to apply for ILR now. I showed £43000 to HMRC and paid only £39000 to HMRC. SA302 reflects this. I came to know from my solicitor2 things - 1. that even if I amend now it gets refused 2. If I don't amend there will be a difference in the HMRC and my accounts that I show. My accountant parallelly asked me to amend immediately the taxes now.( that will not be reflected immediately in the systems, it takes few mths to get updated in the systems ). So I sent it by post last week.

I'm really worried about this situation and don't know how to tackle this? Still consulting solicitors every week to get a clear idea, but I don't know how to proceed? whom to hear to get my application successful ?

I've only 1-1/2 mths from now to take a decision which gives me favour.

Suppose if they reject on these tax grounds what you guys suggest to move forward from that point? I'm single and have struggled a lot to come to UK and managed to get extensions. But now it seems a big danger to me with respect to the tax issues.

Please suggest me ( if I get refused ), what are the other modes I can go for to continue living in the UK or what I can ask for the solicitors reg this ? ( heard that in most cases AR and JR will also refuse ). How long it takes for JR judgement if I go for it

Please help me guys ...

Thanks
Krishna

krishna321 wrote: ↑

Thu Jan 25, 2018 10:50 pm

Hi Guys,

I don't know how to edit my post, so just replying to the post

I didn't say the actual year of the tax figures. It's in 2012-2013 I showed £43000 to HO and paid only £39000 to HMRC. Now I've sent a amendment letter to HMRC to amend the records. The rest in the original post.

Thanks

krishna321 wrote: ↑

Thu Jan 25, 2018 10:35 pm

Hi Tier1 Gurus,

My final Tier1 G visa is till March 2018 and am eligible for ILR ( completed 5 yrs from 2012 to 2017 ). Planned to apply for ILR now. I showed £43000 to HMRC and paid only £39000 to HMRC. SA302 reflects this. I came to know from my solicitor2 things - 1. that even if I amend now it gets refused 2. If I don't amend there will be a difference in the HMRC and my accounts that I show. My accountant parallelly asked me to amend immediately the taxes now.( that will not be reflected immediately in the systems, it takes few mths to get updated in the systems ). So I sent it by post last week.

I'm really worried about this situation and don't know how to tackle this? Still consulting solicitors every week to get a clear idea, but I don't know how to proceed? whom to hear to get my application successful ?

I've only 1-1/2 mths from now to take a decision which gives me favour.

Suppose if they reject on these tax grounds what you guys suggest to move forward from that point? I'm single and have struggled a lot to come to UK and managed to get extensions. But now it seems a big danger to me with respect to the tax issues.

Please suggest me ( if I get refused ), what are the other modes I can go for to continue living in the UK or what I can ask for the solicitors reg this ? ( heard that in most cases AR and JR will also refuse ). How long it takes for JR judgement if I go for it

Please help me guys ...

Thanks
Krishna

10020132 wrote: ↑

Fri Jan 26, 2018 3:10 pm

I am not 100% sure but i think it wont be an issue since in either case his income is above 35k threshold
HO penalised those eho inflated their income to 35k to get visa and then reduced it to 19k or something like that. So I think he should be fine

krishna321 wrote: ↑

Thu Jan 25, 2018 10:50 pm

Hi Guys,

I don't know how to edit my post, so just replying to the post

I didn't say the actual year of the tax figures. It's in 2012-2013 I showed £43000 to HO and paid only £39000 to HMRC. Now I've sent a amendment letter to HMRC to amend the records. The rest in the original post.

Thanks

makky86 wrote: ↑

Sat Jan 27, 2018 12:57 pm

10020132 wrote: ↑

Fri Jan 26, 2018 3:10 pm

I am not 100% sure but i think it wont be an issue since in either case his income is above 35k threshold
HO penalised those eho inflated their income to 35k to get visa and then reduced it to 19k or something like that. So I think he should be fine

How you just assumed that threshold was 35K?
[/quote

My bad. I assumed it as many people were using income 35k to score full points but that varies from person to person

naveediiqbal wrote: ↑

Sat Jan 27, 2018 1:04 pm

krishna321 wrote: ↑

Thu Jan 25, 2018 10:50 pm

Hi Guys,

I don't know how to edit my post, so just replying to the post

I didn't say the actual year of the tax figures. It's in 2012-2013 I showed £43000 to HO and paid only £39000 to HMRC. Now I've sent a amendment letter to HMRC to amend the records. The rest in the original post.

Thanks

It is not very clear. Did you show self income based on salary / dividends (limited company) or self employment and shown as Gross or net profit? What was the reason for difference in taxable and accounting earnings. If any difference in accounting and tax years. May be we could find some viable explanation that you could use to fight in case of rejection. Please post full details.

krishna321 wrote: ↑

Sun Jan 28, 2018 5:20 am

naveediiqbal wrote: ↑

Sat Jan 27, 2018 1:04 pm

krishna321 wrote: ↑

Thu Jan 25, 2018 10:50 pm

Hi Guys,

I don't know how to edit my post, so just replying to the post

I didn't say the actual year of the tax figures. It's in 2012-2013 I showed £43000 to HO and paid only £39000 to HMRC. Now I've sent a amendment letter to HMRC to amend the records. The rest in the original post.

Thanks

It is not very clear. Did you show self income based on salary / dividends (limited company) or self employment and shown as Gross or net profit? What was the reason for difference in taxable and accounting earnings. If any difference in accounting and tax years. May be we could find some viable explanation that you could use to fight in case of rejection. Please post full details.

Thanks Naveediqbal Bhai for the reply !
I showed salary / dividends ( from my limited company ). I got the precise details for you
I earned a total of Gross income ( gross salary + gross dividends ) shown to HO as below

Gross salary = £6000
Gross dividends = £43,000

But as per SA302 ( what the HMRC records has is as below )

Gross salary = £6000 ( Match )
Gross dividends = £35,500 ( Mismatch from the figure I showed )

A difference of £7500 is there. Basically I don't know much about tax calculations and didn't care about it every year as I felt my Accountant would take care of that properly. But now when I talked about the corrections applying for ILR, he told that we need to amend it and I sent the amendments by post to HMRC in the 1st week of Jan'18. Then the worst thing happened. My solicitor told that you should not have amended - if you say Ýes 'for amended, they would refuse and you need to apply second time or JR. If you say No also they will refuse after checking it. I don't know why amendment is not considered ( I guess even later we can fight with the case ) Then he suggested to go by postal application and not same day service as they would refuse it right away seeing this situation which he felt have some chance if the amendments are done and explained by HMRC and accepted by the CW luckily !

Plan is to send by post in the mid of Mar'18.

My point is if I send it by post, will the amendments will be updated in 3-5 months time as postal takes minimum 6 mths time. I'm in the situation of going by postal now looking for a positive onw if my amendments are considered.If not I need to re-apply again. Can we re-apply again say if my appln got refused in the postal in Aug or Sep'18 ? I don't know how long postal takes and how much we can re-apply or AR ? This is my thought right now Bhai !

Please help me how to proceed / fight with the situation say if my appln got refused in the postal in the late 2018.
Thanks

naveediiqbal wrote: ↑

Sun Jan 28, 2018 9:48 am

krishna321 wrote: ↑

Sun Jan 28, 2018 5:20 am

naveediiqbal wrote: ↑

Sat Jan 27, 2018 1:04 pm

krishna321 wrote: ↑

Thu Jan 25, 2018 10:50 pm

Hi Guys,

I don't know how to edit my post, so just replying to the post

I didn't say the actual year of the tax figures. It's in 2012-2013 I showed £43000 to HO and paid only £39000 to HMRC. Now I've sent a amendment letter to HMRC to amend the records. The rest in the original post.

Thanks

It is not very clear. Did you show self income based on salary / dividends (limited company) or self employment and shown as Gross or net profit? What was the reason for difference in taxable and accounting earnings. If any difference in accounting and tax years. May be we could find some viable explanation that you could use to fight in case of rejection. Please post full details.

Thanks Naveediqbal Bhai for the reply !
I showed salary / dividends ( from my limited company ). I got the precise details for you
I earned a total of Gross income ( gross salary + gross dividends ) shown to HO as below

Gross salary = £6000
Gross dividends = £43,000

But as per SA302 ( what the HMRC records has is as below )

Gross salary = £6000 ( Match )
Gross dividends = £35,500 ( Mismatch from the figure I showed )

A difference of £7500 is there. Basically I don't know much about tax calculations and didn't care about it every year as I felt my Accountant would take care of that properly. But now when I talked about the corrections applying for ILR, he told that we need to amend it and I sent the amendments by post to HMRC in the 1st week of Jan'18. Then the worst thing happened. My solicitor told that you should not have amended - if you say Ýes 'for amended, they would refuse and you need to apply second time or JR. If you say No also they will refuse after checking it. I don't know why amendment is not considered ( I guess even later we can fight with the case ) Then he suggested to go by postal application and not same day service as they would refuse it right away seeing this situation which he felt have some chance if the amendments are done and explained by HMRC and accepted by the CW luckily !

Plan is to send by post in the mid of Mar'18.

My point is if I send it by post, will the amendments will be updated in 3-5 months time as postal takes minimum 6 mths time. I'm in the situation of going by postal now looking for a positive onw if my amendments are considered.If not I need to re-apply again. Can we re-apply again say if my appln got refused in the postal in Aug or Sep'18 ? I don't know how long postal takes and how much we can re-apply or AR ? This is my thought right now Bhai !

Please help me how to proceed / fight with the situation say if my appln got refused in the postal in the late 2018.
Thanks

what was the exact date of dividend payment/s, and if these are different due to different tax years (timing/temporary difference) or not reported at all (Permanant difference)? if not reported at all what was the reason?

krishna321 wrote: ↑

Tue Jan 30, 2018 8:24 pm

naveediiqbal wrote: ↑

Sun Jan 28, 2018 9:48 am

krishna321 wrote: ↑

Sun Jan 28, 2018 5:20 am

naveediiqbal wrote: ↑

Sat Jan 27, 2018 1:04 pm

It is not very clear. Did you show self income based on salary / dividends (limited company) or self employment and shown as Gross or net profit? What was the reason for difference in taxable and accounting earnings. If any difference in accounting and tax years. May be we could find some viable explanation that you could use to fight in case of rejection. Please post full details.

Thanks Naveediqbal Bhai for the reply !
I showed salary / dividends ( from my limited company ). I got the precise details for you
I earned a total of Gross income ( gross salary + gross dividends ) shown to HO as below

Gross salary = £6000
Gross dividends = £43,000

But as per SA302 ( what the HMRC records has is as below )

Gross salary = £6000 ( Match )
Gross dividends = £35,500 ( Mismatch from the figure I showed )

A difference of £7500 is there. Basically I don't know much about tax calculations and didn't care about it every year as I felt my Accountant would take care of that properly. But now when I talked about the corrections applying for ILR, he told that we need to amend it and I sent the amendments by post to HMRC in the 1st week of Jan'18. Then the worst thing happened. My solicitor told that you should not have amended - if you say Ýes 'for amended, they would refuse and you need to apply second time or JR. If you say No also they will refuse after checking it. I don't know why amendment is not considered ( I guess even later we can fight with the case ) Then he suggested to go by postal application and not same day service as they would refuse it right away seeing this situation which he felt have some chance if the amendments are done and explained by HMRC and accepted by the CW luckily !

Plan is to send by post in the mid of Mar'18.

My point is if I send it by post, will the amendments will be updated in 3-5 months time as postal takes minimum 6 mths time. I'm in the situation of going by postal now looking for a positive onw if my amendments are considered.If not I need to re-apply again. Can we re-apply again say if my appln got refused in the postal in Aug or Sep'18 ? I don't know how long postal takes and how much we can re-apply or AR ? This is my thought right now Bhai !

Please help me how to proceed / fight with the situation say if my appln got refused in the postal in the late 2018.
Thanks

what was the exact date of dividend payment/s, and if these are different due to different tax years (timing/temporary difference) or not reported at all (Permanant difference)? if not reported at all what was the reason?

Sorry for the delayed reply !
The dates of dividend payments vary from month to month ( for instance my dividend payments from Sep'12 to Feb'13 will be on like every 19th one month, 21st, 22nd etc ).Do we need to have the same dividend date ?

naveediiqbal wrote: ↑

Tue Jan 30, 2018 8:33 pm

krishna321 wrote: ↑

Tue Jan 30, 2018 8:24 pm

naveediiqbal wrote: ↑

Sun Jan 28, 2018 9:48 am

krishna321 wrote: ↑

Sun Jan 28, 2018 5:20 am

Thanks Naveediqbal Bhai for the reply !
I showed salary / dividends ( from my limited company ). I got the precise details for you
I earned a total of Gross income ( gross salary + gross dividends ) shown to HO as below

Gross salary = £6000
Gross dividends = £43,000

But as per SA302 ( what the HMRC records has is as below )

Gross salary = £6000 ( Match )
Gross dividends = £35,500 ( Mismatch from the figure I showed )

A difference of £7500 is there. Basically I don't know much about tax calculations and didn't care about it every year as I felt my Accountant would take care of that properly. But now when I talked about the corrections applying for ILR, he told that we need to amend it and I sent the amendments by post to HMRC in the 1st week of Jan'18. Then the worst thing happened. My solicitor told that you should not have amended - if you say Ýes 'for amended, they would refuse and you need to apply second time or JR. If you say No also they will refuse after checking it. I don't know why amendment is not considered ( I guess even later we can fight with the case ) Then he suggested to go by postal application and not same day service as they would refuse it right away seeing this situation which he felt have some chance if the amendments are done and explained by HMRC and accepted by the CW luckily !

Plan is to send by post in the mid of Mar'18.

My point is if I send it by post, will the amendments will be updated in 3-5 months time as postal takes minimum 6 mths time. I'm in the situation of going by postal now looking for a positive onw if my amendments are considered.If not I need to re-apply again. Can we re-apply again say if my appln got refused in the postal in Aug or Sep'18 ? I don't know how long postal takes and how much we can re-apply or AR ? This is my thought right now Bhai !

Please help me how to proceed / fight with the situation say if my appln got refused in the postal in the late 2018.
Thanks

what was the exact date of dividend payment/s, and if these are different due to different tax years (timing/temporary difference) or not reported at all (Permanant difference)? if not reported at all what was the reason?

Sorry for the delayed reply !
The dates of dividend payments vary from month to month ( for instance my dividend payments from Sep'12 to Feb'13 will be on like every 19th one month, 21st, 22nd etc ).Do we need to have the same dividend date ?

No there is no such requirement for payments, but the actual payment date could affect your tax based on which tax years being paid (in oppose to accounting year). Could you share expect dates and amounts? If all of these fall on one tax year? As income as per hmrc could be different from what you have actually received (due to different tax years) and that's timing difference.

Zimba wrote: ↑

Tue Jul 16, 2019 12:39 pm

Tier 2 visa is for sponsored employment but it does not need to be permanent it can be a contract, however your employer must put you on the payroll and pay you the salary they mentioned on the COS when your job starts. You can only get ILR if your employer states that they need you for a foreseeable future so a fixed term contract may not lead to ILR

krishna321 wrote: ↑

Tue Jul 16, 2019 12:05 pm

I got Tier 2 General VISA in April 2019 from an employer. I didn't get any job till now ( didn't pay any commission and didn't run any payroll for me, as I already requested him to give me time till 3-4 months ).

CR001 wrote: ↑

Thu Jul 18, 2019 9:22 am

krishna321 wrote: ↑

Tue Jul 16, 2019 12:05 pm

I got Tier 2 General VISA in April 2019 from an employer. I didn't get any job till now ( didn't pay any commission and didn't run any payroll for me, as I already requested him to give me time till 3-4 months ).

Are you currently sponsored by an umbrella company and do you have to find your own contract jobs?? Did you pay for your CoS? Is the employer going to take a percentage of your earnings as 'commission fee'??

Yes. I'm currently sponsored by a company and I've to find my own contract jobs.
I paid for my CoS.
Yes. The employer is going to take percentage of my earnings as commission.

What do you mean 'requested him to give me time till 3-4 months'???

I've asked them not to take commission for 3-4 months till I get job. But they are more lethargic and didn't let me know that I need to get my payroll run from the start and now my CoS validity has crossed the 3 months time ( Will this be an issue with my VISA ?? .( atleast I would've rotated my money, now I came to know from few of my Tier 2 friends that I need to have my payroll active and proper records to apply for ILR )

I'm now thinking of switching to other employer for which I need to pay again. All my fate. I don't even have that much money, but can manage.

Is it OK that I can switch to a new employer like this and start with proper payroll ? Will this affect my ILR ? Please advice me on this.

Thanks CR001