ILR Refused 322(5). Suggested for Admin review

krrish_Raj wrote:Discrepency for the Tax year 12-13. ( applied for my Tier-1 extension then). and all my earnings declared are by my limited company. their main concerns was with the earnings declared at the time of first extension.

so I believe your this 12/13 submission may not have create any personal tax liability when submitting SA because the dividend you had drawn from the company were already a net after tax deduction at source am I right?

when i looged in my HMRC account it says you have nothinbg to pay.

But there's some amount which is mentioned for this which i have to pay in Jan 2016. other than that there's nothing there like i have to pay any tax

for krrish_Raj:::

Your post is confusing so i will try to explain a little bit and in return please answer the question . it will help you as well as board members

Q1. What was the income declared to HO during extension just put £10,000 for example ?

Q2. What part of above income ( Gross ) for instance , is Salary part and what part is Dividend ?

Q3. There are now 2 parts on which you have to pay tax to HMRC , CTax and Self assessment . Please tell where your problem lies ?

Q4. Finally what figures went to HMRC . Ok! 2 figures goes to HMRC while speaking in general , Ctax and self assessment ( which will become SA302 for your reference and clearly shows you yearly salary part plus dividend part and your whole salary . This part should match or greater than what you show to HO . Say if your SA302 for that year is £ 10000 , you are green , if it's 10020 good but if it's £2000 you are my friend in big trouble ) .
Are these figures are less than to what you show to HO . While keeping above example i am thinking you paid tax on £ 2000 or nothing .

Impact : In worst case they will put you on next plane . Please arrange a good solicitor

Hi
Any idea on how it will be the Admin review process?
What are the time lines for reply?
Once we submit all the details in the link that they had provided for applying admin review in online, how long will they take to respond? Will they ask us to submit any additional papers as there's no provision to attach docs whole initially applying via link for admin review

Hi aliq,
Sry, didn't checked ur message. Please find my reply as per your questions
1) income declared was 35k(ex). Some part of this income was from permenant employment and some part was from my lomited company as I started contracting from mid of that year.
2) ex: 15 k was gross income and rest amount would be dividends. That dividends aren't reflected in HMRC as SA302 isn't submitted. The same with rest two years.
3) problem is with self assessment.
4) only income figures as per P 60 went to HMRC. But not dividend figures.

Now that I have all the SA302 forms submitted and updated with HMRC as well, the figures will match exactly and there's no tax liability before and after latest submissions. More these figures are in company returns as well which have been submitted to HMRC time to time.
Hope you got some clue on my case. Would be great if you can PM your contact details. Will better explain if you aren't clear from the above explanation.

Thanks

Hi krrish_Raj

From what i have understood is that you have a limited company and all your accounts for past years are good i.e corporation tax etc paid. You/Your accountant didn't filed the self assessment returns for any years as no additional tax was due (although the dividends are declared in company accounts ). Because of these missing self assessments/SA302s the application is refused.

You mentioned that refusal received on 6th Nov. Did you filed for admin review ?

I have a very similar issue so will be interested in your case.

Yes you are right,
Submitted application on Oct-30th. SA returns declared to HMRC
on 8th Nov and got decision letter on Dec 7th. Going to submit admin review this week.

You said you had similar issue. How r u forewarding in this issue. Please let me know as it might be helpful.

Yes i had 2 missing self assessments which the accountant said were not needed as no TAX was due. I filed them 2 days after the application date but got the refusal. I have filed for admin review last week. Kindly share your email address or number and i will contact you.

krrish_Raj i got your details and will call you later today.

@Zullu, Have you got any reply from HO regarding ur AR submission?

Nothing yet. As per solicitor they have 28 days to decide.
Not sure if these are calendar days or working days.

That's 28 calendar days. Ok, do u have option to re apply if AR decision isn't in favour?

Hi Krrish_Raj
Did you have to submit all your past corporate tax paid documents as well? Or is it simply the lack of SA302 documents for the missing years which is the bone of contention?
Best wishes for a successful outcome through the Admin Review.

cheers

I think it was a mistake of not filling SA which has resulted in refusal.

Corporation Tax payment is company liability and you score income on basis of your individual SA which should have contained dividend income to score/match the requisite income points.

Best of Luck

Yes, It was the point of not submitting SA302 forms at the time of ILR appliaction submitted.
All the income and dividends are shown in Company tax returns. Every thing is up to date including PAYE,VAT and CT.
There was no tax liability as well even after submitting SA302 forms later after application submitted and before HO made decision.

krrish_Raj wrote:Yes, It was the point of not submitting SA302 forms at the time of ILR appliaction submitted.
All the income and dividends are shown in Company tax returns. Every thing is up to date including PAYE,VAT and CT.
There was no tax liability as well even after submitting SA302 forms later after application submitted and before HO made decision.

Hi Krrish,

May I know what happened to your ILR, because i am in same boat as like you... please let me know manjunathhratgmaildotcom

Hi all,

Finally some good news to share with you all. Re applied and got ILR. My case details at the glance below

Initially applied ILR on 31-OCt-2015' Refused on basis of 322 deception clause. Applied for AR and there as well same decision. Finally Re applied today ang got ILR approved. Happy to come out of this baseless allegation imposed by HO when initially applied.

I am happy to help who are sailing in same boat.

Thanks
Krrish.

Congratulations!!

Very well done mate and thanks for sharing. A good news after such a long wait. Wish you all the best for life bro.

Kind Regards,

krrish_Raj wrote:Hi all,

Finally some good news to share with you all. Re applied and got ILR. My case details at the glance below

Initially applied ILR on 31-OCt-2015' Refused on basis of 322 deception clause. Applied for AR and there as well same decision. Finally Re applied today ang got ILR approved. Happy to come out of this baseless allegation imposed by HO when initially applied.

I am happy to help who are sailing in same boat.

Thanks
Krrish.

Hi mate can you contact me on xxxxxxx

krrish_Raj wrote:Hi all,

Finally some good news to share with you all. Re applied and got ILR. My case details at the glance below

Initially applied ILR on 31-OCt-2015' Refused on basis of 322 deception clause. Applied for AR and there as well same decision. Finally Re applied today ang got ILR approved. Happy to come out of this baseless allegation imposed by HO when initially applied.

I am happy to help who are sailing in same boat.

Thanks
Krrish.

Moderator edit: The Board policy is to remove personal email addresses to protect members from spammers who regularly trawl the forum.

please which of the PSC offices did you attend?

krrish_Raj wrote:Hi all,

Finally some good news to share with you all. Re applied and got ILR. My case details at the glance below

Initially applied ILR on 31-OCt-2015' Refused on basis of 322 deception clause. Applied for AR and there as well same decision. Finally Re applied today ang got ILR approved. Happy to come out of this baseless allegation imposed by HO when initially applied.

I am happy to help who are sailing in same boat.

Thanks
Krrish.

Hi Krish,

Congrats on securing ilr finally after long wait which is giving new hope to members like me.

Could you please tell us have you send any amendments to hmrc before going for visa if yes has it amended in hmrc systems or did you provide any evidence that amendments are in process.


Could you please advise based on your experience, i have tax differences for the year 2010/11 .
i have already sent amendments to hmrc they are in process and they advised it will process by march 2016.
mean time my visa expiring in feb 2nd week.
My question is would it be safer to go for PEO showing that amendments already in process , i have acknowledgement letter from hmrc about tax amendments are in process.

Thank you.

Hi Ceasar,
Read Kirssh's case from his first post and follow. His ILR was rejected as SA did not match with his HO declarations. But now as everything matches he got granted.

Are you same Ceasar from my blog refused ilr tax issues. Saw your comment there as well.

All the best bro.

ceaser wrote:

krrish_Raj wrote:Hi all,

Finally some good news to share with you all. Re applied and got ILR. My case details at the glance below

Initially applied ILR on 31-OCt-2015' Refused on basis of 322 deception clause. Applied for AR and there as well same decision. Finally Re applied today ang got ILR approved. Happy to come out of this baseless allegation imposed by HO when initially applied.

I am happy to help who are sailing in same boat.

Thanks
Krrish.

Hi Krish,

Congrats on securing ilr finally after long wait which is giving new hope to members like me.

Could you please tell us have you send any amendments to hmrc before going for visa if yes has it amended in hmrc systems or did you provide any evidence that amendments are in process.


Could you please advise based on your experience, i have tax differences for the year 2010/11 .
i have already sent amendments to hmrc they are in process and they advised it will process by march 2016.
mean time my visa expiring in feb 2nd week.
My question is would it be safer to go for PEO showing that amendments already in process , i have acknowledgement letter from hmrc about tax amendments are in process.

Thank you.

Hi Krish,

Congrats bro. I have the same situation , can you please call me on my number mobile number removed by moderator. Need to discuss case.I would be very thankful.
Many Thanks,
regards

Edited by CR001 : personal contact details have been removed for your own safety due to spammers/scammers also visiting this site.

Hi,

I am not sure, how HO would consider tax amendments applications. My case is not about the TAX amendments. SA's weren't submitted at all for 12/13,13/14,1/15. How ever the amount i declared to HO and the amount i declared to HMRC are matching in Company tax returns that were filed and submitted to Companies house and HMRC on time to time basis. When initially ILR refused, then I have immediately submitted SA's as well for those years and with all those proofs and documents and my accountant suporting letter. I had re applied . Mentioned with detailed explanation in a cover letter..

Luckily this went thru and happy . As long as there's no tax liability post SA submissions, and if the amount is already declared in Company tax returns and if you are 100% share holder operating via limited company,then i am sure your applicaiton will get thru. All the best.

Thanks
Krrish.

"

Hi all,

Finally some good news to share with you all. Re applied and got ILR. My case details at the glance below

Initially applied ILR on 31-OCt-2015' Refused on basis of 322 deception clause. Applied for AR and there as well same decision. Finally Re applied today ang got ILR approved. Happy to come out of this baseless allegation imposed by HO when initially applied.

I am happy to help who are sailing in same boat.

Thanks
Krrish."

How long did it take for the admin review results mate.