Settled person stopped at immigration

Hi there

I have an enquiry to make and my name is satish.
I am in the UK since 2004,when I came as a student and then did Post study worker and then in 2010 I got HSMP.
On completion of 5 years of HSMP I Did ILR.
I did my ILR in Feb 2015 on the basis of my employer royal mail and was granted ILR same day by croydon.
(I also made an application for ILR in sep 2014 on the basis of 10 years long residency but my applicatiton was refused as their was a gap of over 28 days which was due to out of date application, so I was not legal in UK for certain period of time)

Now my question is - on my recent visit to India last month, on my arrival to heathrow immigration control, I was asked several questions regarding my ILR, then I was given a letter saying that UKBA will do certain enquiries and on the basis of these enquiries will decide whether to cancel my ILR etc., and then I was asked to wait in an area where other people were also given the same type of a letter.
Later after 15 minutes the same immigration officer came to me and gave my passport and BRP to me and said its all clear, on asking why I was stopped she said that I will be stopped everytime as something flagged on their system which could be that I had a refusal initially of ILR on the basis of 10 years long residency.

Now the quesiton is that when I did the application of HSMP in 2010 I was a director of the company, holding 100% shares of the company and the 100% profit as well, I did hsmp on the basis the profit withdrawn from this company (in the year jan 2009 till dec 2009) and i got an approval on HSMP, then later after 8 months (Aug 2010) this company was stuck off and dissolved. My accountant said to me I am not responsible to pay any tax on the earning I withdraw from this company from which I did the HSMP. And then time passed by and i did my ILR now.

When I was stopped at the immigration just on my recent visit it was in my mind that i did not pay any tax at the time of HSMP, so when I came home I checked the history of the company and found that I am still the active director of the company but the company is dissolved.

Now is this a matter of concern.

Now will this cause an issue in future when I am travelling back to UK at the immigration control, Can the immigration at the airport cancel my ILR on this basis?
My child has a british passport and me and my wife on ILR, will we be stopped at the airport and is their any chance they can revoke our ILR even our child is british ?
Shall I call HMRC to find out about this company ?
Shall i be travelling through heathrow immigration or shall avoid travelling till I get british passport.

please help

Thanks

satish


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vineetramdayal wrote:...when I came home I checked the history of the company and found that I am still the active director of the company but the company is dissolved.

A dissolved company can not have any active directors. Like the Norwegian parrot in Monty Python's sketch, it has ceased to be.

vineetramdayal wrote: Now will this cause an issue in future when I am travelling back to UK at the immigration control, Can the immigration at the airport cancel my ILR on this basis?
My child has a british passport and me and my wife on ILR, will we be stopped at the airport and is their any chance they can revoke our ILR even our child is british ?

The Immigration Officer at the airport can alter or cancel leave, but it is in limited circumstances. Your child's status is irrelevant to the decision, given that the bar for cancelling entry clearance is relatively high.

thanks for the reply simon...but this doesnt answer my question

Shall I call HMRC to find out about this company ?
Shall i be travelling through heathrow immigration or shall avoid travelling till I get british passport.

also am I liable to pay any taxes for this company ?
Can i be stopped and if asked bout the HSMP done in 2010, do i tell them i did it using the earnings claimed at this company, and then what else can they ask about this company, s i am worried that I did not pay any tax.....and heard that the UKBA can cancel or revoke the ILR on this basis....

Hi

I dont understand that why you did not pay any tax at income claimed in 2010. And Did you get ILR via Limited company as well?

Thanks
Regards
Kashif

I would suggest requesting SARs from the Home Office and HMRC. That should list all the documentation the Home Office and HMRC has on you. The UKBA and HMRC share data on applications and it may be that that is what flagged up on the immigration officer's system.

Be aware that if the Home Office considers this deception, that could have an impact on any future naturalisation applications, as it would go against the "good character" requirement.

hi
what is SARs and how to request such an information from home office and HMRC? will they provide all information holding which relevant to me ? please

SAR is short for a Subject Access Request. All government bodies must provide, within 40 days of a written request (by either email or by post), data that they hold on you. They can and most of they do charge upto £10 per request.

Typically, what they tend to do is they just print out all the data files and/or make copies of the paper files they have on you and send it to you.

So, if you want to find out, if you are an overstayer, you will likely not find a single document that states that. But you will have a copy of all the applications that you made, with the stamps put in by the relevant department about when it was received and so, you can calculate if you were in time or not. Some of the information, such as the names of caseworkers who have accessed the files, will have been redacted.

Essentially, you would be able to see all the data that the caseworker would see and hence can tailor your application in a better manner.

More information on SARs is on the Information Commissioner's website.