ILR/refusal/tax discrepancy/fresh app/add doc/tax amendment

[keth001]

Hello All,

Our (me & my wife) ILR got refused on 03rd May 2016. Reason was tax discrepancy being myself is the main applicant.

1. Visa Category: T1G
2. Application By Post/PEO: PEO Birmingham
3. Application Date:03/05/16
4. Reason For Refusal:Tax discrepancy
5. Fresh application submission Date: 23rd May 2016
6. Status: Pending

My T1G visa expired on 24th May 2016. Hence did not go to AR as it is a mistake on my tax 2012/13 and want to make the application before my leave expired.

I came to know about the tax discrepancy only on my refusal as I was believing that my accountant has done everything correctly; should have checked but did not. My bad.

I submitted the amended correct tax calculation by post on 6th May 2016. Got a reply from HMRC with the amended calculation on 12th August.

Sent that letter as additional documents on 17th August 2016 to HO which was received on 18th bu HO.

Requested HMRC to confirm in writing that this amendment will not show online in their system on 5th August and received that confirmation letter saying the same on 25th August.

Sent that confirmation to HO on 26th as additional document. Figures crossed and waiting for the decision.

My questions are:

1. Will my two sets of additional documents will be considered along with my fresh application?
2. Are there anyone in the same situation now or been before? or know about anyone whom had the situation and the outcome of the decision?

Please let me know so that I will have plenty of time to decide if the decision is a refusal, whether to go for AR or PAP or some other option available.

Thanking you all in advance.

[paboluuk]

Hi @keth001,
Were you self-employed or LTD company director during 2012-13 ?

Thanks

[keth001]

Hi @keth001,
Were you self-employed or LTD company director during 2012-13 ?

Thanks

Self employed and PAYE. on this recent application full time PAYE employment. Are/Were you on the same situation?

[cyborg001]

For people like me who have only been on PAYE work do we need to declare any tax information or returns etc?

[keth001]

From my point of view if you have declared any self employment during your stay in UK you better disclose it. But some others have better knowledge can comment on this.

[paboluuk]

Hi keth001,
Thanks for the reply. Not exactly in same situation. I've sent docs to HMRC for amendment.

[keth001]

Hi keth001,
Thanks for the reply. Not exactly in same situation. I've sent docs to HMRC for amendment.

Have you applied for the ILR?

[paboluuk]

hi keth001,
Yet to apply for ILR. But I'm worried what might be the outcome. Has anyone who got ILR after amending their a/c ?

Thanks,
Sudhakar

[keth001]

hi keth001,
Yet to apply for ILR. But I'm worried what might be the outcome. Has anyone who got ILR after amending their a/c ?

Thanks,
Sudhakar

I did not see anyone posting that the got the ILR after the amendments

[shiv_singh]

Hi Keth001

Can you please provide further details of the discrepancy in the amount declared to HO and the HMRC.... also what was the reason for the error on the accountant's part ?

[keth001]

Hi Keth001

Can you please provide further details of the discrepancy in the amount declared to HO and the HMRC.... also what was the reason for the error on the accountant's part ?

the discrepancy was £1,000.00 and the reason was the accountant used someone else data to file my accounts

[keth001]

Hi,

I am back, sorry for not updating all these days...

1. Visa Category: T1G
2. Application By Post/PEO: PEO Birmingham
3. 03/05/16 - Application Date
4. 03/05/16 - Refused. Reason For Refusal:Tax discrepancy - 2012/13 under 322(5)
5. 06/05/16 - Amended Tax
6. 23/05/16 - Fresh application submission Date
7. 24/05/16 - Visa Expired
8. 17/08/16 - Amended Tax Calculation sent to HO, letter and updated SA302
9. 26/08/16 - Sent the letter from HMRC saying that the amendments will not show online in their system as it was done after 2 years
10. 06/04/17 - Interview at VFS London
11. 18/04/17 - Sent my and my wife's other bank account statements and proof for the cash deposits. Cash deposits are from borrowing from friends for personal needs and Forex Trading. Provided letters from them with their PP copies and proof of addresses
12. 28/03/18 - still waiting for a decision

I am completing 10 years on 23rd June and can apply for 10 years visa on 28th May 18

Seniors Gurus please advise

1. Should I apply for FLRFP and vary my application to ILR(LR) to secure my working rights?

2. Should I wait until i get a decision?
a. If so and If I am refused before i complete 10 years if I then apply for FLRFP will I loose my working rights? and will I loose my continuity of stay?

3. If I apply for ILR(LR) if get refused will I be able to work? Will I get Appeal rights?

I am in a juncture to make a decision soon as i do not want to loose my working rights as I can not survive even for a month without income

Please guide me.

Thanks in advance

[zimba]

You cannot apply for a new application as you have been an overstayer for more than 14 days. You need to wait to hear back or pursue JR. You do not have 10 lawful years to get SET(LR) anyway

[keth001]

You cannot apply for a new application as you have been an overstayer for more than 14 days. You need to wait to hear back or pursue JR. You do not have 10 lawful years to get SET(LR) anyway

Hi Zimba,

Am i an over stayer? Did not understand. I applied a fresh application before my visa expires and still waiting for a decision.

+++
6. 23/05/16 - Fresh application submission Date
7. 24/05/16 - Visa Expired
++++

Kindly clarify as I am terrified now

[zimba]

Oh sorry my mistake in not seeing your visa expiry date You should be able to vary to SET(LR) when eligible however the tax issue will lead to refusal even under long residence. At least under long residence you get the right to an appeal which is good but it would be lengthy process I am afraid. The good news for you is that you will be protected under section 3C all the way and you can keep working

[keth001]

Oh sorry my mistake in not seeing your visa expiry date You should be able to vary to SET(LR) when eligible however the tax issue will lead to refusal even under long residence. At least under long residence you get right to an appeal which is good but it would be length process I am afraid. The good news for you is that you will be protected under section 3C all the way and you can keep working

Ohhh Thank you Zimba... bit relaxed. The thing I want to clarify is, If my current application is refused before I vary my application to ILR(LR), will I loose my working rights?

[zimba]

Not until you have section 3C cover, which is either 14 days from your refusal or until AR is concluded.

[keth001]

Not until you have section 3C cover, which is either 14 days from your refusal or until AR is concluded.

Sorry but I am not getting it clear.

Let say I am getting a refusal tomorrow. I am applying for FLRFP within 14 days with the intention of varying it with ILR(LR) on May 28th. Will I have I have the working rights?

Sorry to be a pain, but please do clarify.

[zimba]

Let say I am getting a refusal tomorrow. I am applying for FLRFP within 14 days with the intention of varying it with ILR(LR) on May 28th. Will I have I have the working rights?

No as in that case your section 3C will end when you put in a new application and you become an overstayer. As I said before, you stick to AR and appeal instead of applying for new applications

[Venkat999]

Let say I am getting a refusal tomorrow. I am applying for FLRFP within 14 days with the intention of varying it with ILR(LR) on May 28th. Will I have I have the working rights?

No as in that case your section 3C will end when you put in a new application and you become an overstayer. As I said before, you stick to AR and appeal instead of applying for new applications

Hi,
I have received a refusal letter for ILR(LR) today on basis of tax amendments, actually i made amendments for the corporation tax only not my self assessment but self assesment submitted late on may 2016 for 2010/11(i provided information in home office questionnaire why that has not filed on time ) , ilr application has been refused on basis of late personal tax returns and clearly mentioned in refusal letter that not able to give 15 points on current earning
my previous account said that to me i don't need any personal tax returns to HMRC in 2012 ( i have copy of email) any chances to win in AR or JR please

[keth001]

Let say I am getting a refusal tomorrow. I am applying for FLRFP within 14 days with the intention of varying it with ILR(LR) on May 28th. Will I have I have the working rights?

No as in that case your section 3C will end when you put in a new application and you become an overstayer. As I said before, you stick to AR and appeal instead of applying for new applications

Ok. But I am planning to apply before I get a decision. Let see. Will update thanks a lot zimba

[keth001]

Let say I am getting a refusal tomorrow. I am applying for FLRFP within 14 days with the intention of varying it with ILR(LR) on May 28th. Will I have I have the working rights?

No as in that case your section 3C will end when you put in a new application and you become an overstayer. As I said before, you stick to AR and appeal instead of applying for new applications

Hi,
I have received a refusal letter for ILR(LR) today on basis of tax amendments, actually i made amendments for the corporation tax only not my self assessment but self assesment submitted late on may 2016 for 2010/11(i provided information in home office questionnaire why that has not filed on time ) , ilr application has been refused on basis of late personal tax returns and clearly mentioned in refusal letter that not able to give 15 points on current earning
my previous account said that to me i don't need any personal tax returns to HMRC in 2012 ( i have copy of email) any chances to win in AR or JR please

Hi Venkat, if you provide all your timeline from your initial application it will be useful for others and anyone to comment.

[Venkat999]

Let say I am getting a refusal tomorrow. I am applying for FLRFP within 14 days with the intention of varying it with ILR(LR) on May 28th. Will I have I have the working rights?

No as in that case your section 3C will end when you put in a new application and you become an overstayer. As I said before, you stick to AR and appeal instead of applying for new applications

Hi,
I have received a refusal letter for ILR(LR) today on basis of tax amendments, actually i made amendments for the corporation tax only not my self assessment but self assesment submitted late on may 2016 for 2010/11(i provided information in home office questionnaire why that has not filed on time ) , ilr application has been refused on basis of late personal tax returns and clearly mentioned in refusal letter that not able to give 15 points on current earning
my previous account said that to me i don't need any personal tax returns to HMRC in 2012 ( i have copy of email) any chances to win in AR or JR please

Hi Venkat, if you provide all your timeline from your initial application it will be useful for others and anyone to comment.

Hi Keth,
tier 1 1st application made March 2011
tier 1 extension june 2013
corporation tax amendments for 2010/11 : March 2016
Self assessment first submission 20 may 2016( confirmation letter from HMRC submitted to HO stated that personal tax returns received and processed on 20th may)
ilr application 16th June 2016
ILR Refusal reason: as stated above letter from HMRC on self-assessment submission date no dividends were originally declared to HMRC on correct time so when you made teir 1 general to HO your earning claimed is not consistent with income declarations made to HMRC during the similar period so you can claim only 5 points for earnings
i can see many people in the same situation please help for chances to winning at AR/PAP/JR etc... if have less chances to win i will go back to home to save money and time
it is more frustrating on lawyer charges for further proceeds

thank you
vekat

[Venkat999]

Hi Guru,

tier 1 1st application made March 2011
tier 1 extension june 2013
corporation tax amendments for 2010/11 : March 2016
Self assessment first submission 20 may 2016( confirmation letter from HMRC submitted to HO stated that personal tax returns received and processed on 20th may)
ilr application 16th June 2016
ILR Refusal reason: as stated above letter from HMRC on self-assessment submission date no dividends were originally declared to HMRC on correct time so when you made teir 1 general to HO your earning claimed is not consistent with income declarations made to HMRC during the similar period so you can claim only 5 points for earnings
i can see many people in the same situation please help for chances to winning at AR/PAP/JR etc... if have less chances to win i will go back to home to save money and time
it is more frustrating on lawyer charges for further proceeds please help for next steps

thank you
Venkat

[keth001]

Oh sorry my mistake in not seeing your visa expiry date You should be able to vary to SET(LR) when eligible however the tax issue will lead to refusal even under long residence. At least under long residence you get the right to an appeal which is good but it would be lengthy process I am afraid. The good news for you is that you will be protected under section 3C all the way and you can keep working

Hi Zimba,

It seems HO made the same mistake like you as not seeing my visa expiry- just joking

OK now I got the decision today and it is a REFUSAL for the ILR LR application I varied in June 2018.

extracted details from my refusal letter: (Please note my visa expiry is on 24/05/2016)

+++++++++++++
On 03/05/2016 you applied for further leave to remain

On 03/05/2016 you applied for further leave to remain as a Tier 1 general migrant which was refused on 07/05/2016 and an administrative review not requested and therefore completed on 08/07/2016

On 23/05/2016 you applied for further leave to remain which was subsequently varied to indefinite leave to remain.

…
…
…
As outlined in your immigration history above, you only arrived in the United Kingdom on 24/06/2008 and you submitted an application on 23/05/2016 whilst you had an outstanding administrative review on your application of 03/05/2016. An Administrative review is not pending when:

1. (a) an administrative review waiver form has been signed by an individual in respect of whom an eligible decision has been made. An administrative review waiver form is a form where the person can declare that although they can make an application in accordance with paragraphs 34M to 34Y of these Rules, they will not do so;
2. (b) administrative review has previously been pending and the individual in respect of whom the eligible decision has been made submits a fresh application for entry clearance, leave to enter or leave to remain. In this case the day prior to the day on which the fresh application is submitted is the last day on which administrative review is pending.

Therefore, your administrative review ended on the 22/05/2016 and as of a consequence, you lawful leave also ended on that date. Consequently, you have not accrued 10 years continuous lawful residence in the United Kingdom,

For the reasons outlined above, your application for indefinite leave to remain on the grounds of long residence is refused as you have failed to meet the requirements of the Immigration Rules
under Paragraph 276D with reference t. o Paragraph 276B(i)(a) of HC395 (as amended).
++++++++++++

Is this correct? As per my understanding i made an in time application and think I am still in lawful leave.

I am not sure about what they are mentioning above on 2. (b) is it only applicable for an out time application?

Kindly share your thoughts.

NOTE: They did not mention the word "TAX" anywhere in the refusal letter