**Please help me- Tier1G ILR Tax issues**

[krishna321]

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]

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

[naveediiqbal]

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

what do you mean by I showed £43000 to HMRC and paid only £39000 to HMRC

[makky86]

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

Unfortunately this may/will lead to your ILR refusal. This is the reason alot of people are waiting on decision for more than 16 months.

You showed £43K to HO to get Tier 1 where you only paid £39K to HMRC. CW are quite familiar with this and scrutizing it great details. Some people hae got refusals as well. So be prepared. Also, this will be applied even if you apply based on 10 years long residence.

It look like there is no escape unless you switch to Tier 2 and complete 5 years on that.

[Casa]

This is an example of a significant factor in the closure of the TIer1G route.

[Wanderer]

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

Too late; you've blown it by defrauding the tax system.

[10020132]

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

[sheraz78]

Unfortunately HO will refuse on the general grounds.

[makky86]

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?

[naveediiqbal]

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.

[10020132]

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

[krishna321]

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

[vinny]

Why was there a mismatch? Can your accountant explain?

[naveediiqbal]

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]

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?

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]

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 ?

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.

[krishna321]

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.

As I said before they fall in one tax year April 2012 to April 2013 ( Payments / Salary shown from Sep'12 to Feb'13 like 19th one month, 21st, 22nd etc ). After Feb 2013 I got the enough income and applied for extension in Mar 2013.

Please help me / guide me what I can do now ?

[krishna321]

hI Friends,

My ILR ( from Tier 2 after 5 yrs ) got rejected due to tax amendments and now planned to switch to Tier 2 General. My lawyer says that excluding the first two years of my Tier 1 ( which had the tax amendments ) you have good record of last 3 years and for Tier 2 you can take 2 years ( so 3+2 = 5 years - you are eligible for ILR again ) Is that true ? or after switching to Tier 2 I need to wait again for 5 years for ILR ?

Please help me friends on this ....

Thanks

[krishna321]

Hi Gurus,

I applied for ILR last year ( Tier 1 thro'post ) and got rejected in Jan 2019, Then I applied for FLR(O) and varied the application to Tier 2 General. While applying for the variation from FLR(O) to Tier 2 G Visa to Sheffield Home office, I got my Tier 2 BRP and the passport in April 2019. ( But I received only the passport which I submitted for my ILR application last year ).

What about the original documents ( Life UK certificate, English test certificate, other original documents, contracts etc which I submitted for the ILR application initially ) and how to get them back ?

I need to know which home office I need to contact to get all these documents back -

- Home office address to which I made the initial ILR application (or)
- Home office address to which I made the FLR(O) to extend leave (or)
- Tier 2 Home office address to which I made the new Tier 2 application

Please let me know the correct contact to get my ILR documents back.

Thanks guys !

[zimba]

https://eforms.homeoffice.gov.uk/outrea ... ments.ofml

[krishna321]

Hi Tier2 G experts,

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 ).
I'm worried with 2 questions now.

1.Will this affect my ILR in the future? If so what can I do to correct it ? ( 3 months - no salary flowing ). My friends suggested me to get job ASAP, better to get permanent job ( switch it - better for permanent monthly salary ) instead of risky contracts which might or not extend.

2. So I now preferably applying more for perm or fixed term contracts for 1 year or something which might or not extend . If I get such permanent or fixed term contract ( for 1 year or so ), what are the things involved here ?
If I'm right my current CoS will be automatically cancelled and a new CoS from the new employer will be issued right having the same validity of my Tier 2 VISA till 2022 ? Do I need to talk to my current employer and get his permission to cancel the CoS or just leave it ? How far this affects my VISA or my ILR (or) it doesn't affect at all as it's a matter of switching your employer for perm / fixed term employer.

Hope you got my questions clear. Please help me in explaining about switching to different employers in Tier 2 General VISA. ( with respect to ILR also )


Thanks
Krishna

[zimba]

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]

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

Thanks Zimba for your reply !

Reg the payroll what can I do now ? Can I switch over to other sponsor who can do the payroll properly from this month ( again I need to spend money for that ? How does that it affects my ILR - Please explain in detail all about the requirements / switching - maintaining the employers in our 5 yrs

Secondly about the fixed term contract, if they extend the contract to 1 more year , say 2 years or more still will that be a problem for ILR.....please explain

Thanks Zimba

[CR001]

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'??

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

[krishna321]

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