ILR refused for late amendments

sifanaeem wrote:I sent my amendments to HMRC on 26th Feb, got confirmation they received on 3rd March, 31st March the letter was handed over to a Technical officer to have a look at. Initially they gave me 8th May as the deadline to reply to me, but since 2 weeks ago they have delayed it until 17th May. So fingers crossed///

Yesterday I called HMRC only to find out they have extended the "deadline" they set for themselves to 2nd June...

@sifanaeem

That nothing, I know some one who is waiting for more than 6 month, and to be frank HMRC is not even obliged to amend if tax year in question is more than 4 years old.

screenprint wrote:@sifanaeem

That nothing, I know some one who is waiting for more than 6 month, and to be frank HMRC is not even obliged to amend if tax year in question is more than 4 years old.

I'm absolutely fine with them not amending it, I can go to court and say I tried to amend it after I realized my mistake, the HMRC refused to amend it, so there is no case for the HO to say I was trying to deceive anyone.

sifanaeem wrote:

screenprint wrote:@sifanaeem

That nothing, I know some one who is waiting for more than 6 month, and to be frank HMRC is not even obliged to amend if tax year in question is more than 4 years old.

I'm absolutely fine with them not amending it, I can go to court and say I tried to amend it after I realized my mistake, the HMRC refused to amend it, so there is no case for the HO to say I was trying to deceive anyone.

guys,
you can try calling on hmrc compliance aid number 03000582415 as the number which we're calling ending with 10 is the call centre number where they have no power and they wont know whats going on.compliance aid number worked in many cases. I did sent my amendment on 24th dec but not updated until 15th march. so one of my friend gave me this number,called them asked to speed up and on 18th march it was updated on the system.

Guys, I think this is a best place to seek advice. I am applying for ILR by post by end of this week. There is a difference of 1.6K on income what i shown to HO and HMRC tax paid for my first extension but I am still above threshold(35K) with difference. everything paid on time. Do i still need to amendment to show same figure as application? I hope HO will not make big issue. Today Accountant said, declared income to HO was before financial year end so there will be always difference on income as every month of expense will deducted from income till April.

Haimi123 wrote:Hello, Just for your kind consideration I have been refused ILR due to tax discrepancie. Filed AR got refused. Filed Pre Action Protocol and got ILR. My view if you carry on uptill Pre Action Protocol application it will work your way in most cases. If it doesn't work then think of fresh application with detailed documents obtained from HMRC. Hope you agree.
FROM ILR REFUSAL TO ILR APPROVAL it took about 4 months in my case.

Hi Haimi,

I am the latest victim to HO in the same grounds of ILR refusal yesterday 18th May 2016 .
Details of my case i have amendment the tax returns of 12/13 in first week of this month before going to my ILR PEO CROYDON and i got confirmation from HMRC that these amendments have been updated with them and took all the proofs to PEO, but HO office did not considered the latest amendments and refused my ILR application under section 322(5).
I have gone through you case details and found similar to mine, so could you please let me know contact details
so that i can speak to directly to get some more information.

Thanks ,
PDK2016

PAP refused too

mk_engr wrote:PAP refused too

Hi mk_engr,

Sorry to hear that mk_engr.
Can you please let me know under what section your case was refused.

Regards,
PDK2016

mk_engr wrote:PAP refused too

Sorry to hear that. I thought yours one was very much strong, seems its becoming much more difficult then !
One thing I am not sure that did you amend only initial t-1 period or extension too ! what law says I do not know but if both then may be they will say its deliberate. I hope you will win in JR.

(my case quite similar, one week left to apply)

Hi @ PDK2016

would you please share your initial and ilr earnings status (self or employment only), I believe you have one amendment only. tough time.... wish good luck on the next stage.

Abc499 wrote:Hi @ PDK2016

would you please share your initial and ilr earnings status (self or employment only), I believe you have one amendment only. tough time.... wish good luck on the next stage.

Hi ABC499,

Well in my case my accountant missed to file the SA for year 12-13 and for the same year i have claimed income for my extension, so when i was going through all the history from HMRC i did noticed that year 12-13 was completely missed, it got only PAYEE income, and more over my company accounts were miscalculated for that period.

so i had to update the company accounts and submit the SA for year 12-13. And case worker clearly mentioned that the latest amendments/changes will not be considered.

There was one paragraph states for refusal:

" It is acknowledged that Paragraph 322(5) of the Immigration Rule is not a mandatory refusal,
however the evidence submitted does not satisfactorily demonstrate that the failure to declare to
HMRC at the time any of the self-employed earnings declared on your previous application for the
leave to remain in the United Kingdom as a Tier 1 (General) Migrant was a genuine error. It is noted
that there would have been a clear benefit to yourself either by failing to declare your full earnings to
HMRC with respect to reducing your tax liability or by falsely representing your earnings to UKVI
to enable you to meet the points required to obtain leave to remain in the UK as Tier 1(General) Migrant"

Regards,
PDK2016

@PDK2016
many thanks for the reply.
Actually the way they are refusing, seems its depend on the case worker also. Some are still getting with amendment. I have done amendment for 2010-11 (amendment done in 2013 but SA302 not updated and HMRC give me revises tax calculation). Don't know what will be my luck but seems its becoming tough day by day.

Abc499 wrote:@PDK2016
many thanks for the reply.
Actually the way they are refusing, seems its depend on the case worker also. Some are still getting with amendment. I have done amendment for 2010-11 (amendment done in 2013 but SA302 not updated and HMRC give me revises tax calculation). Don't know what will be my luck but seems its becoming tough day by day.

@ABC499
When are you applying?
Are going through any solicitor or by your self?

PDK2016 wrote:

Abc499 wrote:@PDK2016
many thanks for the reply.
Actually the way they are refusing, seems its depend on the case worker also. Some are still getting with amendment. I have done amendment for 2010-11 (amendment done in 2013 but SA302 not updated and HMRC give me revises tax calculation). Don't know what will be my luck but seems its becoming tough day by day.

@ABC499
When are you applying?
Are going through any solicitor or by your self?

I decide for postal application, seniors here advise that too. Though postal application will not increase chance but somehow decide for postal. My visa expiring 28th so will post sometime next week. I am sending myself not through solicitor. Is that good via solicitor ! never sent via solicitor so no idea on this.

Abc499 wrote:

PDK2016 wrote:

Abc499 wrote:@PDK2016
many thanks for the reply.
Actually the way they are refusing, seems its depend on the case worker also. Some are still getting with amendment. I have done amendment for 2010-11 (amendment done in 2013 but SA302 not updated and HMRC give me revises tax calculation). Don't know what will be my luck but seems its becoming tough day by day.

@ABC499
When are you applying?
Are going through any solicitor or by your self?

I decide for postal application, seniors here advise that too. Though postal application will not increase chance but somehow decide for postal. My visa expiring 28th so will post sometime next week. I am sending myself not through solicitor. Is that good via solicitor ! never sent via solicitor so no idea on this.

@ABC499
Good luck with your application mate.
My solicitor suggested to go vai AR,PAP and JR route.
for second opinion i have consulted another solicitor firm and they
suggested to do a postal application with more evidence for missing SA in that way i will get some more time to think other options as my visa is expiring on 1st of june 2016.
now i am in 2 minds.
any suggestions from this forum.

mk_engr wrote:PAP refused too

Hi mk_engr,

Really sorry to hear the news. If you can afford to stay in the country without job for few months until JR result everything will be fine I hope. You must win the case

Also could you tell me did you meet the threshold of previous applications before amendments to tax returns.

Thanks in Advance[/quote]
Hi ddeshaval,
the same thing was happend with me on PEO. mine was ammended but i did not submit the proof that it was ammended e.g. letter from HMRC. they made the excuse in AR that they had record updated as of Jan 2015 and mine was amended in March 2016. did you submit the proof with your application from HMRC?
just want to know did you had the same scenario or lit a bit diffrent?[/quote]


Hi mk_engr,

I have shown proof and records were all updated in HMRC before i went for PEO.

I have no outstanding at all and paid what i have shon in my previous application. Infact paid all charges as well.

I am worried if it will go through or not in PAP or JR....?

And can I work if I go for PAP.....?

Please advice... Thanks[/quote]

Hi ddeshaval, through consultations with solicitors my understanding is you can't work at pap stage. Works rights finish after AR stage.

could you please tell me did you meet the threshold of previous applications before amendments to tax returns

Good luck with your application mate.
My solicitor suggested to go vai AR,PAP and JR route.
for second opinion i have consulted another solicitor firm and they
suggested to do a postal application with more evidence for missing SA in that way i will get some more time to think other options as my visa is expiring on 1st of june 2016.
now i am in 2 minds.
any suggestions from this forum.[/quote]



@PDK2016
I am reading a lot online last three weeks. Its good that you have time till 1st June. After reading what I found that fresh application may be you can do if and only if you provide any additional documents to support but without additional document they might not over rule there colleague decision. It is also true that with fresh application still you will not lose anything (but fees). Even if negative then still you will have the AP-PAP-JR. only one case on another place I read that with fresh application and with same document someone got ILR 3 weeks go but may be its rare.

So did you already provide the HMRC revised tax calculation and the tax overview from your online account? If HMRC document already provided then its also hard that what is the new document you can provide ! only thing may be if the accountant letter they will will explain about the mistake and the amendment.

My opinion if you can produce new documents (you know what you provided so based on that any new doc possible or not) then you can think fresh application or else AR-PAP. And for the new Application I think postal will be good. Personally I think for PEO before the appointment they check who is coming so have some mind set before seeing application and for postal they will see the application first then.

cruis wrote:

mk_engr wrote:PAP refused too

Hi mk_engr,

Really sorry to hear the news. If you can afford to stay in the country without job for few months until JR result everything will be fine I hope. You must win the case

Also could you tell me did you meet the threshold of previous applications before amendments to tax returns.

@mk_engr,

unfortunately it did not meet the threshold before amending.
I dont know what to do shall i go with AR,PAP and JR route for initial refusal or go with fresh postal application and if my visa gets approve thats fine or else i can go with AR,PAP and JR route.

Any suggestions/experiences much needed as i am running out of time...

Abc499 wrote:Good luck with your application mate.
My solicitor suggested to go vai AR,PAP and JR route.
for second opinion i have consulted another solicitor firm and they
suggested to do a postal application with more evidence for missing SA in that way i will get some more time to think other options as my visa is expiring on 1st of june 2016.
now i am in 2 minds.
any suggestions from this forum.

@PDK2016
I am reading a lot online last three weeks. Its good that you have time till 1st June. After reading what I found that fresh application may be you can do if and only if you provide any additional documents to support but without additional document they might not over rule there colleague decision. It is also true that with fresh application still you will not lose anything (but fees). Even if negative then still you will have the AP-PAP-JR. only one case on another place I read that with fresh application and with same document someone got ILR 3 weeks go but may be its rare.

So did you already provide the HMRC revised tax calculation and the tax overview from your online account? If HMRC document already provided then its also hard that what is the new document you can provide ! only thing may be if the accountant letter they will will explain about the mistake and the amendment.

My opinion if you can produce new documents (you know what you provided so based on that any new doc possible or not) then you can think fresh application or else AR-PAP. And for the new Application I think postal will be good. Personally I think for PEO before the appointment they check who is coming so have some mind set before seeing application and for postal they will see the application first then.[/quote]


@ABC499:

Thanks for the suggestions.
In my case new solicitor said that there is going to be document from Accountant explaining why it was missed in first place and a letter from solicitor.
As per the HMRC documents everything is clear and i did provided all the proofs which i got from HMRC.

@PDK2016
I know it is applicant responsibility to make sure all return accurately submitted but still I think accountant letter explaining this will add something. As nothing more to lose, you give try then with fresh app as you are not going backward from where you are now.

Abc499 wrote:@PDK2016
I know it is applicant responsibility to make sure all return accurately submitted but still I think accountant letter explaining this will add something. As nothing more to lose, you give try then with fresh app as you are not going backward from where you are now.

Thanks ABC499

cruis wrote:

mk_engr wrote:PAP refused too

Hi mk_engr,

Really sorry to hear the news. If you can afford to stay in the country without job for few months until JR result everything will be fine I hope. You must win the case

Also could you tell me did you meet the threshold of previous applications before amendments to tax returns.

please check your inbox

I am going to apply for ILR on tier 1 general route I need to amend my 2010-2011 and 2012-2013 return my visa will expire on 24th June, any suggestions what should I do? Please help. Thanks

israrahmed wrote:I am going to apply for ILR on tier 1 general route I need to amend my 2010-2011 and 2012-2013 return my visa will expire on 24th June, any suggestions what should I do? Please help. Thanks

Are you meeting the threshold before amendments? If yes No need to make amendments as they may be genuine expenses that you could show. Don't overcomplicate if you already meet threshold.