ILR Refused, Self employed, sole trader

[arahimpk]

Hi,

one of my friends 10 year long residence ILR is refused, because of not submitting self assessment before the ILR application.
following are the time lines:
- got tier 1 visa in 2011
- got tier 1 extension in 2013
- applied for 10 year long residence ILR, 10-October-2015, appointment at Liverpool PEO. however case was not decided on same day and said will contact you.
- received letter on 10-12-2015, requesting for all the Self assessment submitted to HMRC from 2011 - 2015.

he did not submit any SA to HMRC by then and was not aware that he has to do Self assessment. but after receiving letter from Home Office he submitted SA to HMRC online and received information from HMRC that there is X amount of tax is pending to pay. He sent those document to home office and then they call him for interview on 23-12-2015. He explained that he was unaware of submitting self assessments.

he received rejection letter on 23-01-2016 saying your application has been rejected of 322(5). explaining that your application is rejected, cos you only submitted SA when was asked and not submitted before.

now i have few questions,
what is the chance of getting ILR if he appeals?
what is the chance if he re-applies?
does he has to pay all the X amount tax before re-appling?

thanks for your time.

[HarryJones]

This is now very rampant and alarming
Many of the posts on this forum centre on this.
The moderators need to help out.

[Casa]

This is now very rampant and alarming
Many of the posts on this forum centre on this.
The moderators need to help out.

Help out? We have no tax experts on the forum and neither are we able to confirm whether the advice being given by other members is correct. The flood of new members with tax 'discrepancies' is indeed alarming and one can only imagine just how widespread this issue is with Tier 1G migrants. Anyone facing penalties should search for a tax forum, this is for immigration matters only.

[screenprint]

@HarryJones He did not pay the tax's due ? and claim the earning on them to get his Initial Visa and Extension.

How can some one help them ? Pure "BAD Character" Definition, if not than what else it is ?

There are plenty of people on this forum how have sorted their tax return but still got refused.

http://www.immigrationboards.com/indefi ... 03406.html

http://www.immigrationboards.com/indefi ... 03107.html

It is indeed alarming but such people have dig them-self into this hell hole.

@arahimpk I will suggest your friend to safe his money on paying tax and move on....

UK is not the end of the World.

[Casa]

I don't think the forum can help any further with this. The OP's friend should seek advice from a tax specialist.

[noajthan]

he received rejection letter on 23-01-2016 saying your application has been rejected of 322(5). explaining that your application is rejected, cos you only submitted SA when was asked and not submitted before.

now i have few questions,
what is the chance of getting ILR if he appeals?
what is the chance if he re-applies?
does he has to pay all the X amount tax before re-appling?

thanks for your time.

1) Appeal/review on what basis?

2) Appears slim due to initial refusal.

3) Everyone who owes tax needs to pay their debt.

Ignorance is no defence.
If someone is applying based on LR they have had 10 years to get up to speed, learn British culture & traditions (such as paying tax) & see how things work here.

Unclear how anyone can be in business & not understand need to submit SA;
if truly ignorant then advisor/s (bookkeeper, accountant, lawyer etc) should not have been.