ILR - Further Inquiries

Hi All,

I urgently need some help. I applied for ILR on the basis of 5 years Tier 1 at Croydon PEO on Saturday. I am director and shareholder of a limited company and my last extension was on the same basis. The company, documents, client, accountant were identical to what they were at the time of my extension. However, on this instance the case worker called to get me to fill in a self employment form. The form was essentially designed towards personal tax but my profits are retained in the business (allowed under the ukba rules) so I told her there was no personal tax liability. I have still filed my personal tax returned with HMRC though. On the company side my accountant's letter said that all the taxes for the company were up to date. She didn't seem convinced and said she will discuss it with her manager.

1.5 hours later she called me and gave me a letter stating that there are further inquiries that need to me made. Now the questions that I have are as follows:

1. I know a lot of people have had similar letters mostly due to HMRC issues. When that happens, does the letter says that they need to make inquiries with HMRC or is it left vague? I asked the question and she said it had to be sent to a different department but didnt tell me which department.

2. When I went for my Tier 1 extension the same thing happened to me. They gave me the same weird letter. But they called me two days later and my application was approved. At the time I was told that this was because they had to send my biotmetrics to the police. The issue with that was that I had a fight with somebody a few years ago and got a warning (not a criminal record) because of that. Can it be due to the same reason again? Another thing is that on the progress monitor I was stuck on the biometrics window for a very long time. The token numbers behind me had gone into consideration but I stayed there which wasnt happening with other people.

I am really anxious about all this so would really appreciate you input.

Thanks

Hi

Did you file your self assessments on regular basis / yearly ?

kirankhalil75 wrote:Hi

Did you file your self assessments on regular basis / yearly ?

Yes, all the self assessment tax retruns are already up to date. They show no income as there are the profits are retained in the business.

Many thanks

they are taking very long now a days. i am still waiting about my application. i have submitted on 6th may @ croydon. Just handed me letter about further enquires. no news till yet.

smartofficer wrote:they are taking very long now a days. i am still waiting about my application. i have submitted on 6th may @ croydon. Just handed me letter about further enquires. no news till yet.

Could you please clarify, did you apply via the same day service? If you applied on 6th May. have they just sent you the letter about further inquiries? Or did they send you a letter asking for more information?

Thanks

mianzaidzubair wrote:

kirankhalil75 wrote:Hi

Did you file your self assessments on regular basis / yearly ?

Yes, all the self assessment tax retruns are already up to date. They show no income as there are the profits are retained in the business.

Many thanks

How did you support yourself without drawing salary/dividend?

Wanderer wrote:

mianzaidzubair wrote:

kirankhalil75 wrote:Hi

Did you file your self assessments on regular basis / yearly ?

Yes, all the self assessment tax retruns are already up to date. They show no income as there are the profits are retained in the business.

Many thanks

How did you support yourself without drawing salary/dividend?

I have savings.

Profits are retain in the company, understood, but where is your earning's ?


I mean if you have not taken any income from company ( dividend or Salary ), than how you are except to meet earning requirements ?


The Company profit is Company Profit, not yours.

screenprint wrote:Profits are retain in the company, understood, but where is your earning's ?


I mean if you have not taken any income from company ( dividend or Salary ), than how you are except to meet earning requirements ?


The Company profit is Company Profit, not yours.

According to ukba rules, if you are the sole shareholder of the company you are allowed to retain after tax profits in the company. The accountant's letter needs to state that you are entitled to these profits but choose not to draw the money out of the business. I am 100% sure about this because my last tier 1 extension was done on the same basis. Also, my friend got his ILR last year on the same day following the same principal.

mianzaidzubair wrote:

screenprint wrote:Profits are retain in the company, understood, but where is your earning's ?


I mean if you have not taken any income from company ( dividend or Salary ), than how you are except to meet earning requirements ?


The Company profit is Company Profit, not yours.

According to ukba rules, if you are the sole shareholder of the company you are allowed to retain after tax profits in the company. The accountant's letter needs to state that you are entitled to these profits but choose not to draw the money out of the business. I am 100% sure about this because my last tier 1 extension was done on the same basis. Also, my friend got his ILR last year on the same day following the same principal.

AIUI, the company has no obligation to pay it's directors or distribute profits (as dividends) should it so wish.

Would pay more CT though since salary can be offset against profit for tax purposes.

Wanderer wrote:

mianzaidzubair wrote:

screenprint wrote:Profits are retain in the company, understood, but where is your earning's ?


I mean if you have not taken any income from company ( dividend or Salary ), than how you are except to meet earning requirements ?


The Company profit is Company Profit, not yours.

According to ukba rules, if you are the sole shareholder of the company you are allowed to retain after tax profits in the company. The accountant's letter needs to state that you are entitled to these profits but choose not to draw the money out of the business. I am 100% sure about this because my last tier 1 extension was done on the same basis. Also, my friend got his ILR last year on the same day following the same principal.

AIUI, the company has no obligation to pay it's directors or distribute profits (as dividends) should it so wish.

Would pay more CT though since salary can be offset against profit for tax purposes.

Thay is partly correct. The director has the decision to declare dividends if the company can sustain it.

Agree regarding the salary/tax point.

That is not my query though. I am definitely sure this is allowed under the ukba rules.

Can somebody please respond to my actual query?

mianzaidzubair wrote:

smartofficer wrote:they are taking very long now a days. i am still waiting about my application. i have submitted on 6th may @ croydon. Just handed me letter about further enquires. no news till yet.

Could you please clarify, did you apply via the same day service? If you applied on 6th May. have they just sent you the letter about further inquiries? Or did they send you a letter asking for more information?

Thanks

i applied via PCO Croydon same day services. After 4 hours they handed me and my partner letter of further enquiries. No documents asked till so ever. They just said we need further investigation on your case. when asked them how long, they said can be 1 day, 1 week and can be 6 months cannot say any time.
situation is tier 1, general. all taxes paid all class 2 NI paid, Employment + self employment.

smartofficer wrote:

mianzaidzubair wrote:

smartofficer wrote:they are taking very long now a days. i am still waiting about my application. i have submitted on 6th may @ croydon. Just handed me letter about further enquires. no news till yet.

Could you please clarify, did you apply via the same day service? If you applied on 6th May. have they just sent you the letter about further inquiries? Or did they send you a letter asking for more information?

Thanks

i applied via PCO Croydon same day services. After 4 hours they handed me and my partner letter of further enquiries. No documents asked till so ever. They just said we need further investigation on your case. when asked them how long, they said can be 1 day, 1 week and can be 6 months cannot say any time.
situation is tier 1, general. all taxes paid all class 2 NI paid, Employment + self employment.

When did you apply? Thanks

already told u in previous post.

smartofficer wrote:already told u in previous post.

Sorry didnt realise you were the same person.

hi all,
I got ILR approved today after 83 days. I applied for Same day application. At last big relief.
Does anyone know procedure to get refund of PEO services £ 500. As i was not given decision same day.
thank you All.

smartofficer wrote:hi all,
I got ILR approved today after 83 days. I applied for Same day application. At last big relief.
Does anyone know procedure to get refund of PEO services £ 500. As i was not given decision same day.
thank you All.

Was there a fire?

If just a deferred case then, unfortunately, no dice.

Your application may take longer than a day if extra checks are needed. If your application is delayed for other reasons, eg IT problems or a fire evacuation, you may be able to get a refund of the premium service fee

https://www.gov.uk/ukvi-premium-service ... s/overview

noajthan wrote:

smartofficer wrote:hi all,
I got ILR approved today after 83 days. I applied for Same day application. At last big relief.
Does anyone know procedure to get refund of PEO services £ 500. As i was not given decision same day.
thank you All.

Was there a fire?

If just a deferred case then, unfortunately, no dice.

Your application may take longer than a day if extra checks are needed. If your application is delayed for other reasons, eg IT problems or a fire evacuation, you may be able to get a refund of the premium service fee

https://www.gov.uk/ukvi-premium-service ... s/overview

hahaha...No No there was not any fire.
but on 4th may there was major IT failure, which leads to many backlogs.

hi guys,
#I recieved letter from my MP which is dated 26 july, in which he mentioned he spoken to Home Office and could not see any reason to hold my file. He is expecting results very soon and let me know.

Now see guys. my ILR is granted on 27 july, so I believe its the effect of MP spoken to H.O.
hope that works with you guys as well.

Note *****:- Different situation can lead to different decisions.

Hello geeks
My partner is on Flr(m ) and we are blessed with baby. He got british and visa for india as i m on ILR. Now they are planning to visit home country. My questions is.
How long my wife can stay in india so that stay does not affect ILR and flr m rules.
Best Regards

smartofficer wrote:Hello geeks
My partner is on Flr(m ) and we are blessed with baby. He got british and visa for india as i m on ILR. Now they are planning to visit home country. My questions is.
How long my wife can stay in india so that stay does not affect ILR and flr m rules.
Best Regards

Hello geeks i need help.in.this topic
I am confused. Some body says 90 days max out of country. Some says 180. Can u plz help me..

Hi mianzaidzubair,

Congratulations on your AR success. The information provided by you is very helpful. I am planning to do AR myself and I have seen somebody's AR is been rejected. Can you please let me know what cautions need to be done to submit AR right?


Thanks

whicky wrote:Hi mianzaidzubair,

Congratulations on your AR success. The information provided by you is very helpful. I am planning to do AR myself and I have seen somebody's AR is been rejected. Can you please let me know what cautions need to be done to submit AR right?


Thanks

Can you please stop tagging your question onto so many other members topic and continue in your own topic.