Re: ILR Refused @ PEO - LTD Company Director

devdl · Post by **devdl** » Sat Apr 30, 2016 11:52 am

Hi @AML
I to had a an appointment on 29th april for Ilr(tier 1 general) and it has being refused under paragraph 245CD, they said they checked the HMRC records Jan 15 and according to them i haven't filled my SA for the following year (2010,2011-12, 2012-13, 2013-14) but according to my accountant i do not need to file SA as below threshold. I applied my personal UTR number in Nov 2015 and in Jan 2016 i apllied for SA for the following years (2010,2011,2012,2013,2014,2015) and as well attached the copies of SA till 2016.I also attached CT600 for the aboe following years and paid all the taxes for the following years.I have to apply for AR by 11th of May and my Visa is getting expired on 18th of May 2016.Please provide me the guidance as you are as well under the same circumstances and what documents need to be attached for AR.

devdl · Post by **devdl** » Sun May 01, 2016 9:13 am

@AML2015
PLS Advice me about AR

devdl · Post by **devdl** » Sun May 01, 2016 2:40 pm

Hi Seniors
Need ur advice pls
My ilr has been refused on 29th April in Croydon.
I have paid all taxes on time but I have not file SA302 as I was not aware and my accountant said I don't need as my income below threshold but I have asked to my accountant to file sa302 as I have already paid taxes on time so my accountant apply personal UTR num in nov15 .I have received notice for SA in dec15 for the following years 11/12/13/14 ... 0 liabilities no penalties . I have recieved all my sa from Hmrc in Feb .
Reason for refusal was they have checked Hmrc records till jan15 but I have applied all SA in Jan 16 but I have attached my all ct600 nd accountant letter with Employement history last 5 years p60 aswell but they refused they can't see my income in SA

Casa · Post by **Casa** » Sun May 01, 2016 3:30 pm

You don't need to repeat your post. Someone will answer if and when they have the answer. You will appreciate that this isn't a tax forum and there has been a flood of posts requesting help for refusals due to Tier1G tax discrepancies.

geriatrix · Post by **geriatrix** » Sun May 01, 2016 6:28 pm

Do you have any document issued by HMRC certifying that the tax assessments for the years in question have been filed and that there is no tax due / tax payment outstanding?

In absence of any such document, AR may not result in a different outcome.

mike799 · Post by **mike799** » Sun May 01, 2016 6:48 pm

devdl wrote:Hi Seniors

I have paid all taxes on time but I have not file SA302 as I was not aware and my accountant said I don't need as my income below threshold but I have asked to my accountant to file sa302 as I have already paid taxes on time so my accountant apply personal UTR num in nov15 .I have received notice for SA in dec15 for the following years 11/12/13/14 ... 0 liabilities no penalties . I have recieved all my sa from Hmrc in Feb .
Reason for refusal was they have checked Hmrc records till jan15 but I have applied all SA in Jan 16 but I have attached my all ct600 nd accountant letter with Employement history last 5 years p60 aswell but they refused they can't see my income in SA

It is wrong perception company director don't need self assessment read this documents
https://www.gov.uk/self-assessment-tax- ... tax-return
your accountant is wrong he filled only CT600 to companies house and report your company income to HMRC but he failed to submit director SA in HMRC.
Now the only option is do your self assessments for all years as a director of the company. and apply by post on 18th May fresh application with all SA of the required years and write a cover letter explaining your mistake and also include all record of CT600 and HMRC taxes paid already.

devdl · Post by **devdl** » Sun May 01, 2016 6:56 pm

Hi@Geriatrix,
Thanks for replying back, I have tax overview for the last five years recieved with self assessment in February 2016 and I have paid corporation tax every year and in that tax overview their 0 liability from HMRC.I have attached all self assessments with tax overview showing 0 liabilities.

geriatrix · Post by **geriatrix** » Sun May 01, 2016 6:58 pm

mike799 wrote:apply by post on 18th May fresh application with all SA of the required years and write a cover letter explaining your mistake and also include all record of CT600 and HMRC taxes paid already.

The OP says he provided all this in the application that has been refused, so why do you think enclosing the same documents again in a new application without any additional evidence will have a different outcome?

devdl wrote:in Jan 2016 i apllied for SA for the following years (2010,2011,2012,2013,2014,2015) and as well attached the copies of SA till 2016.I also attached CT600 for the aboe following years and paid all the taxes for the following years.

devdl · Post by **devdl** » Sun May 01, 2016 7:02 pm

@mike799
Hi thx for reply
I have attached last 6 years SA with tax overview and last 4 years ct600 and accountant letter explaining there is no tax due all paid on time in my application

mike799 · Post by **mike799** » Sun May 01, 2016 7:17 pm

devdl wrote:Hi @AML
I to had a an appointment on 29th april for Ilr(tier 1 general) and it has being refused under paragraph 245CD, they said they checked the HMRC records Jan 15 and according to them i haven't filled my SA for the following year (2010,2011-12, 2012-13, 2013-14)

''Oh I misunderstood bcz of your this statment''

but according to my accountant i do not need to file SA as below threshold.
I applied my personal UTR number in Nov 2015 and in Jan 2016 i apllied for SA for the following years (2010,2011,2012,2013,2014,2015) and as well attached the copies of SA till 2016.
''You flled your SA quite late so it is possible HMRC record not updated yet did you request your SA302 before going to appointment'' most people did mistakes on that point when they send late tax returns and got reply from HMRC their tax returns has been accepted and you need to pay xyz outstanding tax now. but they dont send this amendments to technical/IT department unless further requested to them by asking SA302 unfortunately Home office only have access of SA302 they cannot see amendments unless SA302 ameded.

devdl · Post by **devdl** » Sun May 01, 2016 8:48 pm

@mike799
I have requested sa302 before applying and there is no tax due and I have attached all SA 302 last 6 years

mike799 · Post by **mike799** » Sun May 01, 2016 8:53 pm

How did you claim your earning points in initial application and in extension ?
my mean did you claim dividends ?

devdl · Post by **devdl** » Sun May 01, 2016 9:11 pm

@mike799
My inital nd extension claim dividend and paid tax on time

mike799 · Post by **mike799** » Sun May 01, 2016 9:22 pm

If your SA302 for the years in which your initial and extension made clearly showing dividend income you claimed then it might be administrative error made by UKBA.

devdl · Post by **devdl** » Sun May 01, 2016 9:43 pm

@mike799
yes mike but in refusal they have mentioned that there was no dividend earning showing in initial nd extension as per hmrc records jan15 but i have applied my all sa in jan16

mike799 · Post by **mike799** » Sun May 01, 2016 9:52 pm

did you call HMRC and try to find out why home office is unable to see dividend amount ?

kirankhalil75 · Post by **kirankhalil75** » Sun May 01, 2016 9:57 pm

HI

Were you interviewed by caseworker ?

Did they give you any questioner to fill ?

how long it take to process ?

did you claim self employment & employment in current application or only employment ?

devdl · Post by **devdl** » Mon May 02, 2016 6:09 am

@kirankhalil75
Yes interviewed by caseworker
Fill the questioner
Claim only self employed income
Wages nd dividends
Took 4 hours

kirankhalil75 · Post by **kirankhalil75** » Tue May 03, 2016 12:14 pm

HI

Very sorry about your case.

Hopefully you will successful in your case, but you need to fight........ maybe JR

i have few questions

What questions were ask by caseworker ? Did they ask only about your earnings only ?

what questionnaire did you fill in ?

also why they have record only for Jan 2015 ? Did you asked caseworker this ?

Immigrationboards.com: Immigration, work visa and work permit discussion board

Re: ILR Refused @ PEO - LTD Company Director