ILR REFUSED APRIL 2015

I need help please

My ILR has been refused at PEO due to deception.

He mentioned it was not genuine income when i obtained Tier1 initial visa in 2010.

No appeal rights / admin review failed again.

What was the exact text of the refusal?

Do you still have validity on your Tier 1 visa?

Bri2015 wrote:I need help please

My ILR has been refused at PEO due to deception.

He mentioned it was not genuine income when i obtained Tier1 initial visa in 2010.

No appeal rights / admin review failed again.

Were u self employed at the time of ur initial tier 1 application. .?....wat did u show at the time of extension n dis time in ilr for ur earnings(employed or self employed)..?.....strenght of ur case is depends on how ur interview went n wat u told dem.....thanks

Hi Guys

Thank you for your replies

Tier 1 in 2010 - self employed [33 000, no records in HMRC] and PAYE [5600]
Tier 1 extension 2013 - self employed and PAYE
ILR - only PAYE

Now I dont have visa, But within 2 weeks since 28 / 04 / 2015 i need to do something.

Reason for refusal - no record in HMRC for self employed in 2010

Now another accountant amended tax return for year 2009 / 2010 and waiting for updates in HMRC to pay the tax.

Could I re apply ILR as a fresh copy once I paid the tax.

EXACT TEXT OF REFUSAL is

You previously submitted an application for further leave as a Tier1 category on 2010. claimed 33 000 from self employed and HMRC have no record for any self employed income this period. When we asked you about this in your interview, you said that your accountant took care of your tax affairs and that 'i dont know how tax works, that's why my accountant did it.' On the balance of probabilities it is not accepted that these earning are genuine.

Well the refusal seems correct as they do check HMRC records.

Did you pay tax on the £33k as that would have been quite an obvious omission if you did not? At the end of the day, it is your responsibility to check and sign your self assessments for income earned.

Does your accountant not have any records from that time?

Hi cr001

yes, He had, but another accountant corrected and sent HMRC via post now.

Please provide me solutions

I suspect you might run out of time if it has only been corrected now and sent by post as HMRC is not known for speedy responses.

I honestly don't know what solution or advice to offer you other than in hindsight, you perhaps should have checked all was in order before applying and perhaps should have applied for a Tier 1 ext before that route was closed in April this year.

On what date did your Tier 1 expire?

How long have you been in the UK?

your case now has 2 different angles what you are doing now will resolve your tax matter with HMRC, you still need to have arrangements in place to justify not paying tax on said income on time for your appeal.
it looks hard even if you were innocent unless could prove to the court to a satisfying level that it was not your fault and best of your knowledge you had paid tax in question on said income.

wish you all the best

Cr0001 is right.....seek legal advice wiv good strong lawyer cuz hmrc mite take long to update n u shud start process of pre action protocol(provided we dont kno ur whole case n how long u ve been in uk)...dont loose hope as ur interview was good enough(da way u answered in interview)to defend....thanks

With no right of appeal, I am not sure what OPs next step could even be as Tier 1 extension is no longer possible.

pm m ur num one of friend got same prb and in appeal he won

iffi786 wrote:pm m ur num one of friend got same prb and in appeal he won

OP has stated that he has not been given appeal rights and admin review failed

In case you haven't noticed, the PM function is not working at the moment.

hi iffi786

My number is xxxxxx. I dont have right of appeal. Thank you.

I have removed your mobile number as it is very unwise to publish personal contact information on such a public forum.

http://www.immigrationboards.com/announ ... ns-t3.html

If you wait until you have 10 posts and once the pm function is up and running again, it would be safer to send such details privately.

For example if someone who visa is valid for 2to 3 yeas will they just refuse and ask to sort this out and come back beacuse of valid visa

He hasnt got right to appeal thts the reason I said pre action protocol.....or see good lawyer n if he says u can do fres application which considered as in time den apply flro till u sort ur tax matter so u can be covered by 3c....thanks

FLR(O) is being abused by applicants trying to just buy some time, HO is aware of this.

There needs to be a solid basis for applying for FLR(O) or FLR(FP).

The alternative is for the OP to urgently find a Tier 2 sponsor, although I am not sure that this will help in the immediate future.

Its happend to my friend last year he won in applea he revised tex and paid ......just ask to on more question my brother going to apply next month lucky he got 2nd ext for 3 years in march 2015 ...if same thing hsppen to him whst options will b available for him He got some tax issues as well

Most likely he ll get chance to re apply after tax amendment as his visa wud be still valid.....unless ho curtail.....u never know.....so better amend tax before u apply....wats the difference as u still ve to later on.....precaution is better than cure

smeer123 wrote:Most likely he ll get chance to re apply after tax amendment as his visa wud be still valid.....unless ho curtail.....u never know.....so better amend tax before u apply....wats the difference as u still ve to later on.....precaution is better than cure

Could you perhaps indicate by quote, which post you are replying to as it becomes very confusing when the original posters thread is hijacked with a discussion by other members.

Most likely he ll get chance to re apply after tax amendment as his visa wud be still valid.....unless ho curtail.....u never know.....so better amend tax before u apply....wats the difference as u still ve to later on.....precaution is better than cure

quote="iffi786"]Its happend to my friend last year he won in applea he revised tex and paid ......just ask to on more question my brother going to apply next month lucky he got 2nd ext for 3 years in march 2015 ...if same thing hsppen to him whst options will b available for him He got some tax issues as well[/quote]

Bri2015 wrote:Hi Guys

Thank you for your replies

Tier 1 in 2010 - self employed [33 000, no records in HMRC] and PAYE [5600]
Tier 1 extension 2013 - self employed and PAYE
ILR - only PAYE

Now I dont have visa, But within 2 weeks since 28 / 04 / 2015 i need to do something.

Reason for refusal - no record in HMRC for self employed in 2010

Now another accountant amended tax return for year 2009 / 2010 and waiting for updates in HMRC to pay the tax.

Could I re apply ILR as a fresh copy once I paid the tax.

EXACT TEXT OF REFUSAL is

You previously submitted an application for further leave as a Tier1 category on 2010. claimed 33 000 from self employed and HMRC have no record for any self employed income this period. When we asked you about this in your interview, you said that your accountant took care of your tax affairs and that 'i dont know how tax works, that's why my accountant did it.' On the balance of probabilities it is not accepted that these earning are genuine.

Sorry to hear mate

When did apply at PEO and how much total income you had to show for earnings point. You told that you applied ILR on the basis of only employment. So HO checked your Tier1 general initial application earnings and what about extension you said you applied extension on self employment and employment too so it means you had paid tax on extension self employment otherwise Case worker also mentioned in your refusal letter about 2012. So did you pay some amount of tax in 2010 or did not pay at all.

Thanks
Kashif

I have always been saying this before going for ILR. Check all 5 years tax records esp SA302, SA and tax /NI bills/ P60s/Statement of Earnings/ P800s

HO will find flaws in your application and under 322(2) reject on the balance of probabilities. Their refusal policy is very stringent and is revised now, so for any applicant they DO CHECK HMRC/ DWP records for all qualifying years esp previous Tier 1 applications.

so If you have any tax / NI issues please check before applying at PEO. Also if you are self employed and not paying tax and NI its a crime, and there is no way out.

Bri2015 wrote:Hi cr001

yes, He had, but another accountant corrected and sent HMRC via post now.

Please provide me solutions

Hi,

Was a tax return filed or not filed?
If it was filed, then the previous accountant would have received an acknowledgement for submission. Did he give you this?. Normally, accountants won't give you this but they keep a record on your file for trail purposes.
Is there any record that a tax return was filed? And if it was filed, did you not pay the income tax due?. If you did, is it not showing on your bank statement?

You have mentioned that your new accountant has sent in an amended tax return - you can only send an amended one if a previous tax return was done incorrectly. So was a tax return filed in the first place or not?. If not, why not?. And didn't it incur to you after a while if you hadn't heard from HMRC or your accountant, that something was wrong as obviously, you had tax to pay?. You receive the tax due amount immediately, if done online by an accountant.

On the event that a tax return wasn't filed;

Is there a reason why your accountant has done a paper filing instead of an online filing?
Is that because he can't go that far back on his software or HMRC doesn't allow an online filing for late filing 2010 and onwards?. Can you ask your accountant this question please.

As Char mentioned upthread, HMRC won't process paper filing so quickly and you need your tax calculations ( SA302) fairly quick.

I would suggest this, although you have filed a paper one, you can still send in an online one.
HMRC will ignore the paper one, there won't be a duplication as all your records go to the same file they hold on you.
If you do an online one, you can request the SA302 after a couple of days and this will take two weeks to arrive. In the meantime, you can make the payment as your accountant would have told you the figures for the income tax due.

When you call for your SA302, you can ask HMRC to send you all the interest accrued, surcharges and penalties notice as well; so you can clear those as well. Just be mindul that as it's a very late filing, the surcharges will be quite a lot. You can refer to the charges online on the HMRC website etc. yourself.

Can you not ask your accountant why he can't file an online one?. You will receive the submission receipt and know how much tax to pay immediately. You can make these payments immediately. And as above, call HMRC after a tax, get your SA302 and notices of charges, and pay those charges.

Good luck. I am sorry for your trouble.

hellonewhere wrote:

Bri2015 wrote:Hi cr001

yes, He had, but another accountant corrected and sent HMRC via post now.

Please provide me solutions

Hi,

Was a tax return filed or not filed?
If it was filed, then the previous accountant would have received an acknowledgement for submission. Did he give you this?. Normally, accountants won't give you this but they keep a record on your file for trail purposes.
Is there any record that a tax return was filed? And if it was filed, did you not pay the income tax due?. If you did, is it not showing on your bank statement?

You have mentioned that your new accountant has sent in an amended tax return - you can only send an amended one if a previous tax return was done incorrectly. So was a tax return filed in the first place or not?. If not, why not?. And didn't it incur to you after a while if you hadn't heard from HMRC or your accountant, that something was wrong as obviously, you had tax to pay?. You receive the tax due amount immediately, if done online by an accountant.

On the event that a tax return wasn't filed;

Is there a reason why your accountant has done a paper filing instead of an online filing?
Is that because he can't go that far back on his software or HMRC doesn't allow an online filing for late filing 2010 and onwards?. Can you ask your accountant this question please.

As Char mentioned upthread, HMRC won't process paper filing so quickly and you need your tax calculations ( SA302) fairly quick.

I would suggest this, although you have filed a paper one, you can still send in an online one.
HMRC will ignore the paper one, there won't be a duplication as all your records go to the same file they hold on you.
If you do an online one, you can request the SA302 after a couple of days and this will take two weeks to arrive. In the meantime, you can make the payment as your accountant would have told you the figures for the income tax due.

When you call for your SA302, you can ask HMRC to send you all the interest accrued, surcharges and penalties notice as well; so you can clear those as well. Just be mindul that as it's a very late filing, the surcharges will be quite a lot. You can refer to the charges online on the HMRC website etc. yourself.

Can you not ask your accountant why he can't file an online one?. You will receive the submission receipt and know how much tax to pay immediately. You can make these payments immediately. And as above, call HMRC after a tax, get your SA302 and notices of charges, and pay those charges.

Good luck. I am sorry for your trouble.

Good explained but the reason is that if he pay all tax which he claimed points for earnings will home office accept this or not because if he pays tax what he showed income from self employed £ 33000 . Will it come under deception or not because home office can raise the point that when we checked than he paid the tax if home office had not checked he would not have paid after approval i think this point csn be raised from HO side in court of appeal.

What do think mate?

I feel very sorry for him

Thanks