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Civil Penalties

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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RAJ007
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Posts: 156
Joined: Thu Sep 27, 2012 2:43 pm
India

Civil Penalties

Post by RAJ007 » Sat Jul 30, 2016 8:04 am

Hello Everyone,

Anyone who has any idea on this please help.

Do we need to mention FPN ( Parking tickets) or HMRC penalties without any court judgement on the form ?

And are they considered as Civil Penalties ?


Many Thanks.

RAJ007
Member
Posts: 156
Joined: Thu Sep 27, 2012 2:43 pm
India

Re: Civil Penalties

Post by RAJ007 » Sat Jul 30, 2016 8:49 am

Hello Everyone,

Anyone who has any idea on this please help.

Do we need to mention PCN( Parking tickets) or any kind of HMRC penalties without any court judgement on the form ?

And are they considered as Civil Penalties ?


Many Thanks.

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CR001
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Re: Civil Penalties

Post by CR001 » Sat Jul 30, 2016 8:54 am

You posted your first query less than an hour ago! :shock: It is Saturday, family and errands time. When someone is online who is willing to and can offer advice, I am sure they will.

Stand by.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

SetO guy
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Posts: 46
Joined: Mon Jun 13, 2016 9:43 pm

Re: Civil Penalties

Post by SetO guy » Sat Jul 30, 2016 9:18 am

Hi I don't think these need to be mentioned as the there is a wording in the application that fixed term legalities do not need to be mentioned.

Read that wording again. As long as there is no court involved I think it's fine.

RAJ007
Member
Posts: 156
Joined: Thu Sep 27, 2012 2:43 pm
India

Re: Civil Penalties

Post by RAJ007 » Sat Jul 30, 2016 9:48 am

I am not sure about this below point in the form;

7.5 Have you or any dependants applying with you had any UK court judgment against you for
non-payment of a debt, or received a civil penalty under UK Immigration Acts?


Do I need to mention PCN ( Parking Tickets) or HMRC penalties for the same ?

Many thanks

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Re: Civil Penalties

Post by Wanderer » Sat Jul 30, 2016 9:53 am

If you have tax issues, amendments, mismatches etc you could be in a world of pain.
An chéad stad eile Stáisiún Uí Chonghaile....

RAJ007
Member
Posts: 156
Joined: Thu Sep 27, 2012 2:43 pm
India

Re: Civil Penalties

Post by RAJ007 » Sat Jul 30, 2016 10:03 am

Hi Wanderer,

Could you please elaborate more on this please. ?

Many Thanks.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Re: Civil Penalties

Post by Wanderer » Sat Jul 30, 2016 11:48 am

RAJ007 wrote:Hi Wanderer,

Could you please elaborate more on this please. ?

Many Thanks.
Have a look in the ILR forum for folks with tax issues being denied ILR.
An chéad stad eile Stáisiún Uí Chonghaile....

RAJ007
Member
Posts: 156
Joined: Thu Sep 27, 2012 2:43 pm
India

Re: Civil Penalties

Post by RAJ007 » Sat Jul 30, 2016 12:26 pm

I had a look to couple of posts, seems like HO is saying as, they have claimed the earnings for their extension and showed less to HMRC based on the record they have.


My case is as below;

I have not claimed for that financial year earnings to HO .

Basically I had 2 full time employment for financial year 2010-2011 where in all the tax were deducted by the employer.

I had registered as sole trader with HMRC just in case I get some extra work. But I had zero earnings as Sole Trader for that year.

Because I was registered as Sole trader, I have to do self assessment. So I did that but by mistake earning for only 1 employment was given by my accountant. I just want that to be corrected.

Will that have any Issue with My ILR and what steps I should follow before I go ahead with my application.

Experts please advice me on this

Many Thanks.

SetO guy
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Posts: 46
Joined: Mon Jun 13, 2016 9:43 pm

Re: Civil Penalties

Post by SetO guy » Sat Jul 30, 2016 1:22 pm

Hi.

As your employer has directly paid taxes with HMRC.You will not have a problem. But as per your self assessment one job is reflected. I think you should speak to your accountant and lawyer.

Sometimes HMRC does not update records that are more than 4 yrs ago. I think you should order an SA302 document from Hmrc. The documt shows your total earnings including profits from self assessment. Check for your visa years whether you are more than than threshold.

It would be useful to mention in the cover letter to HO. Please wait for more suggestions from seniors.

RAJ007
Member
Posts: 156
Joined: Thu Sep 27, 2012 2:43 pm
India

Re: Civil Penalties

Post by RAJ007 » Sat Jul 30, 2016 2:07 pm

Hi SetO guy,

What you mean by "Check for your visa years whether you are more than than threshold."

Also I would like to know what exactly they check with HMRC and for how many years. I really dont know what they are looking for .

Many Thanks.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Re: Civil Penalties

Post by Wanderer » Sat Jul 30, 2016 2:17 pm

RAJ007 wrote: Also I would like to know what exactly they check with HMRC and for how many years. I really dont know what they are looking for .

Many Thanks.
They check the earnings/tax you declared to UKVI for visa purposes, extensions etc match what has been declared to HMRC, over the whole term of the period required for settlement, be it 5 or 10 years.
An chéad stad eile Stáisiún Uí Chonghaile....

SetO guy
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Posts: 46
Joined: Mon Jun 13, 2016 9:43 pm

Re: Civil Penalties

Post by SetO guy » Sat Jul 30, 2016 2:52 pm

Hi.

I think these are details HO is checking.

1. If self employed, whether the profits declared to HO in the visa application match the self assessment declared to HMRC and amendments recently done.

2. If self employed , were all returns filed correctly to date.

3. No outstanding taxes.

I think the same applies to self employed and self owned companies. These are some of the imp checks they are doing these days.

I hope this helps. As you can see from previous posts that every application is different.

RAJ007
Member
Posts: 156
Joined: Thu Sep 27, 2012 2:43 pm
India

Re: Civil Penalties

Post by RAJ007 » Sat Jul 30, 2016 3:29 pm

Hi Wanderer,

So does that mean HO is only looking for the HMRC record for the last 5 years if we go via 5 years route.

And also how does the HO knows about any amendment done to previous tax year ?

Many Thanks.

RAJ007
Member
Posts: 156
Joined: Thu Sep 27, 2012 2:43 pm
India

Re: Civil Penalties

Post by RAJ007 » Sat Jul 30, 2016 3:35 pm

Hi SetO guy,

First question is how would HO know if tax amendment is done for previous tax years.

Also how does this impact to the ILR application if the amendment is done but that has never been claimed in any application to HO.

I personally think amendment should be done but not sure if it will impact the ILR application.

Many Thanks

SetO guy
Newbie
Posts: 46
Joined: Mon Jun 13, 2016 9:43 pm

Re: Civil Penalties

Post by SetO guy » Sat Jul 30, 2016 4:43 pm

HI.

I am not sure how HO would react on those tax amendments that have not been used on visa applications.

I am sure seniors would be able to help. Apologies as my knowledge is limited to those applications in which self assessment has been used for visa applications.

All I can say, these days HO can access any tax records they want. They have unprecedented access to tax records these days.

RAJ007
Member
Posts: 156
Joined: Thu Sep 27, 2012 2:43 pm
India

Re: Civil Penalties

Post by RAJ007 » Mon Aug 01, 2016 9:34 am

Hello Seniors and Moderators,

Please advise me on this.

Many Thanks.

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