ILR TAX AMMENDMENT WITHIN TIME ALLOWED BY HMRC

[sidsays]

Hi Guys,

I need your help. I had applied for ILR based on Tier 1, 5 year completion.

My first extension was based on employed + self employed.

I made mistake during self assessment filing which I corrected within the 12 months deadline for correction provided by HMRC.

After amendment I applied for my second extension. Which was successfull.

Later I applied for ILR, now ukvi has refused sighting my old amendment as 322(5).

Can senior guys pls help and provide some guidance.

This is unfair I made the correction as soon as possible within hmrc deadline long before settlement application even before my second extension.

[CR001]

Was your income for the extension inflated to get the points and meet the requirement for the extension?

Was the 'amendment' done to 'reduce your tax liability'?

What is the self employment amount you claimed for extension and what is the amount of the amendment or difference of income decleared to HMRC?

[sidsays]

Was your income for the extension inflated to get the points and meet the requirement for the extension?

Was the 'amendment' done to 'reduce your tax liability'?

What is the self employment amount you claimed for extension and what is the amount of the amendment or difference of income decleared to HMRC?

Hi CR001,

I don't know what you mean by inflating income. I claimed what I earned provided bank statement and invoice

The ammendment was done to report correct figures which is same as reported ukvi.

I Claimed 15 k, and by miscalculation as the earning were spread across two tax years got reduced to 7k , but correct it within deadline to 15k.

This was way even before second extension.

[zimba]

You seem to have bumped several threads from months ago on this sub forum. Stick to this topic with your question or you will be banned

[sidsays]

Hi Zimba,

I am not a spammer, I am just trying to get help by asking people in similar situation.

Thanks

[zimba]

Hi Zimba,

I am not a spammer, I am just trying to get help by asking people in similar situation.

Thanks

Those people who were in your situation have not visited the forum for many months (click on their username to see last logins), therefore it is highly unlikely that you can get help from them. It is important to avoid tagging your questions in every similar topic just because you need help

[sidsays]

Hi zimba,

Thanks for your comment. Is it possible for me to sent a Personal message to them.


Thanks

[sidsays]

Hi Guys,

I need your help. I had applied for ILR based on Tier 1, 5 year completion.

My first extension was based on employed + self employed.

I made mistake during self assessment filing which I corrected within the 12 months deadline for correction provided by HMRC.

After amendment I applied for my second extension. Which was successfull.

Later I applied for ILR, now ukvi has refused sighting my old amendment as 322(5).

Can senior guys pls help and provide some guidance.

This is unfair I made the correction as soon as possible within hmrc deadline long before settlement application even before my second extension.

Hello seniors pls could somebody help.

[Casa]

Hi zimba,

Thanks for your comment. Is it possible for me to sent a Personal message to them.


Thanks

Members only have the privilege of the PM facility after they have contributed 30 posts on the forum.

[monty87]

@sidsays

Sorry to hear about your refusal. Its a very harsh refusal by HO if you amended your tax returns over 3 years ago.

What was the reason for amendement and on what grounds HO refused you in relation to 322(5)?

[sidsays]

Good morning Mont,

The letter says that "you misrepresented your earnings to reduce your tax liability" reflects poorly on your character.

Whereas I made sure I have correct tax reported within hmrc correction deadline of 12 months for 2013 tax year.

If I wanted to reduce I would have kept wrong.

When I have corrected within allowed time , why are they referring to old sa302, which becomes invalid.

I dont know how to deal with this can you guys help.

[monty87]

Yes, you are right. You corrected it far before your ILR. Did you provide explanation for this amendment in your application?

I am afraid, your only option is JR. You can apply again within permitted timeframe and addressing your character shortcomings with documentary evidence explaining errors. 2nd application will take time in post unless you go for peo and you possibly cant work if your visa has run out. Its very likely that HO will refuse 2nd application again.

I think you should go for JR as you amended it within permitted hmrc timeframe and well before ILR.It is the HO case that they are relying on old figures by HMRC.

[sidsays]

Hi Monty,

I submitted up-to-date sa302 with correct figures, when they send a questionnaire I have honestly mentioned that I did amendment, then they asked for post - pre details.
I have explained that it was miscalculation and oversight which I corrected on time with proof.of tax payment.

Instead of referring to the correct sa302, they are referring to old and outdated sa302.

I was honest to them and hmrc.

I have leave till feb 2018.

How about AR ?

[monty87]

Go for AR>PAP>JR

2nd application will not help in this case as you have already explained errors pertaining to your amendments. In your AR, Explain the errors caseworker made by relying on old income which was rectified over 3 years ago, revised sa302s invalidate old incomes, No attempt to avoid tax liability as you corrected errors long before ilr, cw has not considered material facts of application etc.

JR takes average 3 months to get Upper Tribunal determination on papers and further 2 months on oral hearing for permission if paper permission is refused. I think, looking at your case you can fight this as you have not failed to disclose anything and corrected it well before ILR. Even if you corrected it out of time, you can still argue this as stated in legal framework of self assessment.

Section 9ZA of HMRC SALF204 Regulations states:

'Where an error is discovered after the time limit for a correction, or an amendment, has passed, action may nonetheless be taken to correct it. Where the error has resulted in an underpayment of tax it may be open to HMRC either to commence an enquiry, or make a discovery assessment, depending on when the error is discovered. Where taxpayers become aware of an underpayment after the expiry of the time limit for amendments, they should notify HMRC so that corrective action may be taken accordingly.'

[sidsays]

Thanks Monty valuable points, Do you know any good solicitor.

I don't know how we can share the details. Can you PM, I hope admins give me waiver as I am in emergency situation

[monty87]

I don't mind sharing details but I think you need minimum 30 posts to send/recieve pm.

[tom.draper]

Hi Sidsays,

Sorry to hear about your refusal.
When did you get the refusal letter?

Was your ILR application with full employment or self employment?

Could you please give timeline of your application.

Thank you.

[sidsays]

@tom

My ILR was based on Employed earnings.

I had appllied by post it took nearly a year for them to make decesion.

[sidsays]

I don't mind sharing details but I think you need minimum 30 posts to send/recieve pm.

@monty87,

UKVI has refused my AR could you please help me with Grounds for JR.

Thanks in advance.

Sid

[tom.draper]

sorry to head that. this is so unfair.

When did you apply for AR? how long did they take to give AR decision?

[sidsays]

sorry to head that. this is so unfair.

When did you apply for AR? how long did they take to give AR decision?

@tom

Around 21 days. What are your case details ? did you apply for JR ?

[tom.draper]

My case is similar to your case. applied for AR. no hopes though!

already waited for 18 months for this result.

though I know I have good grounds in JR for approval. not sure I can wait for another 1 year for JR.

[sidsays]

My case is similar to your case. applied for AR. no hopes though!

already waited for 18 months for this result.

though I know I have good grounds in JR for approval. not sure I can wait for another 1 year for JR.

Wondering if you can share your case details and circumstances so that i can understand and help each other ?

[CR001]

My case is similar to your case. applied for AR. no hopes though!

already waited for 18 months for this result.

though I know I have good grounds in JR for approval. not sure I can wait for another 1 year for JR.

Wondering if you can share your case details and circumstances so that i can understand and help each other ?

Users post on his refusal here (click)

[sidsays]

My case is similar to your case. applied for AR. no hopes though!

already waited for 18 months for this result.

though I know I have good grounds in JR for approval. not sure I can wait for another 1 year for JR.

Wondering if you can share your case details and circumstances so that i can understand and help each other ?

Users post on his refusal here (click)

@tom

Thanks for the link, it helped me understand your circumstances.

What arr your grounds for JR ?

Syed