ILR refused for late amendments

mk_engr wrote:Hello everybody,
I just want to share that my application for Tier 1 General to ILR has been refused due to late ammendments in the tax returns. I got my tier 1 General in April 2011 by showing the mix amount of income as employed and self employed. I went to PEO on 25th of March 2016. However, all my tax liabilities were updated and paid on the HMRC website a week ago as per the figures i gave to home office in intial application. However, Home Office said the HMRC data available as of Janurary 2015. So, amended return for year 10-11 which has been amended in Feburary 2016 is not accessible for them. They said still my old income is showing on their system.
My only query is if as of 25th March 2016 my tax is fully paid on the date of application as per my intial application then how can they refuse it. I know I made an error in first instance while filling the return of 10-11, however, HMRC accepted it then how can Home Office refuse it. I have 14 days for Adm Review and time is running out so please someone who already gone through this process and victorious can share the experience.
Regards

mk_engr wrote:Hello everybody,
I just want to share that my application for Tier 1 General to ILR has been refused due to late ammendments in the tax returns. I got my tier 1 General in April 2011 by showing the mix amount of income as employed and self employed. I went to PEO on 25th of March 2016. However, all my tax liabilities were updated and paid on the HMRC website a week ago as per the figures i gave to home office in intial application. However, Home Office said the HMRC data available as of Janurary 2015. So, amended return for year 10-11 which has been amended in Feburary 2016 is not accessible for them. They said still my old income is showing on their system.
My only query is if as of 25th March 2016 my tax is fully paid on the date of application as per my intial application then how can they refuse it. I know I made an error in first instance while filling the return of 10-11, however, HMRC accepted it then how can Home Office refuse it. I have 14 days for Adm Review and time is running out so please someone who already gone through this process and victorious can share the experience.
Regards

mk_engr wrote:Hello everybody,
I just want to share that my application for Tier 1 General to ILR has been refused due to late ammendments in the tax returns. I got my tier 1 General in April 2011 by showing the mix amount of income as employed and self employed. I went to PEO on 25th of March 2016. However, all my tax liabilities were updated and paid on the HMRC website a week ago as per the figures i gave to home office in intial application. However, Home Office said the HMRC data available as of Janurary 2015. So, amended return for year 10-11 which has been amended in Feburary 2016 is not accessible for them. They said still my old income is showing on their system.
My only query is if as of 25th March 2016 my tax is fully paid on the date of application as per my intial application then how can they refuse it. I know I made an error in first instance while filling the return of 10-11, however, HMRC accepted it then how can Home Office refuse it. I have 14 days for Adm Review and time is running out so please someone who already gone through this process and victorious can share the experience.
Regards

mk_engr wrote:Hello everybody,
I just want to share that my application for Tier 1 General to ILR has been refused due to late ammendments in the tax returns. I got my tier 1 General in April 2011 by showing the mix amount of income as employed and self employed. I went to PEO on 25th of March 2016. However, all my tax liabilities were updated and paid on the HMRC website a week ago as per the figures i gave to home office in intial application. However, Home Office said the HMRC data available as of Janurary 2015. So, amended return for year 10-11 which has been amended in Feburary 2016 is not accessible for them. They said still my old income is showing on their system.
My only query is if as of 25th March 2016 my tax is fully paid on the date of application as per my intial application then how can they refuse it. I know I made an error in first instance while filling the return of 10-11, however, HMRC accepted it then how can Home Office refuse it. I have 14 days for Adm Review and time is running out so please someone who already gone through this process and victorious can share the experience.
Regards

mk_engr wrote:@ gwsamanbs
Do you mean you have ammended and paid all the taxes? and what exact reason did they used?
if they have refused on late ammendments then going again for new application can not be usefull. as your main refusal reason will be same there (not change in circumstances). i am not much hopefull in AR, however, i have a strong beleive in JR and we will be successfull there.

adamsmith wrote:

mk_engr wrote:@ gwsamanbs
Do you mean you have ammended and paid all the taxes? and what exact reason did they used?
if they have refused on late ammendments then going again for new application can not be usefull. as your main refusal reason will be same there (not change in circumstances). i am not much hopefull in AR, however, i have a strong beleive in JR and we will be successfull there.

Hi mk_engr,
Call HMRC and ask for a letter to prove that you have paid all the dues and their system is updated if you havn't already included in your PSC application. I am pretty sure you will be successful but the problem is, it is going take time and will cost you a lot of money and day by day it is getting harder and harder.
I wish you all the best. And please keep posting your result as it will help a lot of people.

Manigee wrote:

adamsmith wrote:

mk_engr wrote:@ gwsamanbs
Do you mean you have ammended and paid all the taxes? and what exact reason did they used?
if they have refused on late ammendments then going again for new application can not be usefull. as your main refusal reason will be same there (not change in circumstances). i am not much hopefull in AR, however, i have a strong beleive in JR and we will be successfull there.

Hi mk_engr,
Call HMRC and ask for a letter to prove that you have paid all the dues and their system is updated if you havn't already included in your PSC application. I am pretty sure you will be successful but the problem is, it is going take time and will cost you a lot of money and day by day it is getting harder and harder.
I wish you all the best. And please keep posting your result as it will help a lot of people.

hi any update

sunny_sunny wrote:

Nice2MU wrote:I have the same situation but it was for 2012-13 not 2010 or 2011.

My income was divided into two financial years (2011-12 and 2012-13) as self employed. So almost half was paid in one year and half in next and it was very genuine error in filing the correct return as I had already paid more than 78% tax so it shouldn't be considered as the case of deception.

I came to know in last June or July that there was mistake in my return. After many months, I had managed to amend it in November and paid on 24 December 2015 and got the updated SA302 from HMRC in February 2016.

Today on 7th April 2016, in PSC Sheffield has refused my visa by saying that there was discrepancies in my 2012-13 return. I had argued with her (the case worker) that I have amended and updated the return and paid it as well. Her reply was that they decide on original.

What I am guessing from this is:

1) They have just viewed my 2012-13 return and had ignored the 2011-12 return because I had a big transaction (more than half of the total) on the 5th April 2012 that's why they didn't see it and considered it a very big discrepancies (which made her furious )

2) They hadn't seen the my updates and only decided on my old returns

3) She had already printed the decision so was not in the mode to listen or to change the result so asked me to go for Admin Review instead of explaining anything to her.

Please suggest what should I add or explain in my Admin Review. I am in a contact with a solicitor as well.

Regards

It is better get a proper advice from Solicitor and write a clear document on why there was a Tax discrepancy and submit for Admin review. Now the ball is in your court to prove it was a genuine oversight from you. Lot of people are showing different salaries to HO to get points and HRMC for tax avoidance

mk_engr wrote:what one can see that someone in HO misusing their powers. what my lawyer said if someone admit before submitting their application to HO that they made the mistake then it is not deception. it is considered only an error to HMRC. and who paid everthing to HMRC then there is no point to refuse people. at the end they will only learn the lesson from JR as they learn from English test scandal when they deported 50K students unlawfully. I will suggest all we need to do is to make a combine struggle like HSMP FORUM LTD who will collectivley fight for us in very less amount otherwise it will be a RAT RACE.

jarraj1102 wrote:Hi Shaffa 2629 and Nice2MU,

The suggestion put forwarded by both you members is definitely the way to go ahead. With the number of cases being deffered by HO even after the updates. Its begs the question what is the need to do the amendments with HMRC? IF

The HMRC has done the amendment and HO refuses to recognise this?
Why is deception used when changes have been voluntary and done before the application?

I am up for starting a forum and willing to contribute towards it. Other members in similar situation kindly endorse and lets put our case forward.And can anyone suggest on how to go about challenging similar cases from HO collectively?

Regards

Casa wrote:It appears that the HO are taking the view that the attempts to amend tax 'discrepancies' were only made once applicants were aware that their visa applications were facing refusal...following previous deception in their tax returns. The innocent will obviously be disadvantaged by the actions of the guilty.