Tier1 to ILR or Tier 2 general

[suresh21]

Hello greetings to every one hope some one will give advise for my situation

I am on Tier 1 general, 5 years completes on 19th May 2016 my visa expires on 30-05-2016.

I came to realise our accountant didn't showed the whole amount for the Tax 2010-11 when I applied for my first extention even I don't have much knowledge at that time. So I asked for SA302 from HMRC today . They advised it will be reached around in 2 weeks by post I also heard any amendments takes couple of weeks to reflect in HMRC.

Every thing is fine only the Tax, I got masters here in Uk, and earnings by employment.

I came to uk on October 2008 as student my wife not eligible for ILR she need to wait another 4 years to eligible for ILR.

Company Which I am working Tier 2 A rated company where can sponsor too.

My Questions:

1. Is it right decision apply for ILR ( knowing Tax returns need to be adjusted and it take some time to update and time is so short for me )
2. Can I switch to Tier 2 if my company sponsors me so I can apply for another extension for both, in the meanwhile I can amend my tax and pay the right amount. Can I apply for ILR when ever its updated on HMRC ?
Or can I continue Tier 2 visa and apply for ILR when I eligible for 10 years residency
3. Also I got Son who is born here his visa expires on 30-05-16

Thanks in advance

Regards

Suresh

[noajthan]

Moved to ILR forum.

Unfortunately you can expect to face challenges with ILR as HO play hardball with tax discrepancies (especially those caused by 'incompetent' accountants) &/or late &/or amended filings.

Kindly note this is not a tax forum & no tax consultants here.

Questions/answers need to be restricted to immigration matters.

[suresh21]

Dear Noajthan,

Thanks for reply I do appreciate your response,

Can you advise me on 2 & 3 questions please


2. Can I switch to Tier 2 if my company sponsors me so I can apply for another extension for my wife,son,and myself in the meanwhile I can amend my tax and pay the right amount. Can I apply for ILR when ever its updated on HMRC ? Will my wife and son can remain on Tier 2 general dependent ,??
Or can I continue Tier 2 visa and apply for ILR when I eligible for 10 years residency ??
If I apply for ,ILR after tax amendment and on tier 2 general if my refused can still stay on Tier 2???
3. Also I got Son who is born here his visa expires on 30-05-16

Regards

Suresh

[noajthan]

Dear Noajthan,

Thanks for reply I do appreciate your response,

Can you advise me on 2 & 3 questions please


2. Can I switch to Tier 2 if my company sponsors me so I can apply for another extension for my wife,son,and myself in the meanwhile I can amend my tax and pay the right amount. Can I apply for ILR when ever its updated on HMRC ? Will my wife and son can remain on Tier 2 general dependent ,??
Or can I continue Tier 2 visa and apply for ILR when I eligible for 10 years residency ??
If I apply for ,ILR after tax amendment and on tier 2 general if my refused can still stay on Tier 2???
3. Also I got Son who is born here his visa expires on 30-05-16

Regards

Suresh

I'm not an expert on switching around on Tier 2 visa routes. (My HR department does all that).
I'm sure a member will be along to advise shortly.

As for details & resolution of any outstanding issues in your case, that's really all in hands of the caseworker.

[CR001]

2. Yes you can switch if you find an approved sponsor and they do the proper RLMT process etc. Wife and Son can remain as PBS dep if you get ILR or you can continue 5 years on Tier 2 and apply ILR based on long residence, but HO will still check your tax records etc from Tier 1 G time. Apply for ILR based on long residence is 'less checks' than 5 years Tier 1.

If you have a valid Tier 2 G visa, you should be fine to continue if your ILR is refused.

3. Also I got Son who is born here his visa expires on 30-05-16 - So what is the question?

[suresh21]

Dear CR001,

Thanks for the reply ,

2. I am working as Salesforce Developer CRM System IT Side with current employer from Oct 2014, 35k p.a. So whats your advise to apply for ILR by Post or Tier 2 G by company for family?? In the mean while i will declare the Tax and everything based on Profits i showed at the time of Tier 1 G Initial and second time extension.

Will they look into Tax still if i apply for Tier 2 General, one of my friend advised as long as you declare to HMRC you be fine.

ILR Cost me much for application fees for family Tier 2 less when compare ILR.

Another question if ILR refused they is option to apply for Tier 2 G right?

3. ignore that

[ouflak1]

I came to realise our accountant didn't showed the whole amount for the Tax 2010-11 when I applied for my first extention

Would you have gotten the extension without this curiously timed tax discrepancy?

[HarryJones]

If you have a valid Tier 2 G visa, you should be fine to continue if your ILR is refused.

it will be good for him if he can do this - is this 100% assurance?

[suresh21]

Dear CR001,

Only one quick and final Question,

will HO still check my Tax Records When I apply for Tier 2 General as i am switching from Tier 1 G ???


Regards

[CR001]

Probably yes.

[HarryJones]

Probably yes.

for further clarity, can somebody with T1G deception refusal switch over to T2G

[suresh21]

Thanks for all for information,

I am amending the Tax first and planning to apply for the ILR by post, lack of knowledge about tax and miss advise of account it was happen. But i am ready to face mistake by declaring right amount and apply for ILR by post.

Regards