overseas stay

ara121 wrote:I had one-week extra stay, Went HO Sheffield. Case worker returned my passport.

We posted our application again for 10 years long stay , taking advantage of time of processing

Not entirely clear what you mean here. But reading between the lines, are you saying that you applied approximately 5 months before you qualify for ILR under the long residence route, purely based on the assumption that there would be a 5 month delay in the HO processing your postal application, & that you would therefore meet the 10 year residence requirement by that time?

If so I'd say you have taken a considerable risk. Both in terms meeting the residence requirement and getting your tax affairs in order.

does tax affair still matter .

Yes, very much so. I'm afraid that your plan is doomed to failure, following very poor advice from your solicitor.

can I readjust & pay my taxes for 2010

Too late for that now. The Case Worker won't even have to make any checks with HMRC for your LR application, the refusal for tax discrepancy will be held on record. It would have been wiser to at least challenge the refusal at AR or JR instead of putting in an invalid LR application.

ara121 wrote:can I readjust & pay my taxes for 2010

Suggest doing some research and get up to speed first. Digging around in ILR forum would be an informative place to start.

I don't have any option of AR or JR review , only fresh application. I withdrew my documents and refused AR.

Any other options please

I don't have any.

ara121 wrote:I had to reverse my tax due to business loss, how can I explain to HMRC

You mean you fiddled it to get extension?

UKVI are on to that one....

ara121 wrote:Hi Guys,

I was Tier 1 General visa was refused last week due tax issues, Away for more than 180 days for medical reasons. In next 5 months time my 10-year is coming.

when I apply for IRL for 10 year long residence , Do I need to show tax documents for 10 year long stay application.

Your valued opinions are welcome.

Thanks

Are you not aware that absence of more than 180 days breaks your continuity of residence for Set(LR) and will very likely fail, combined with the tax issue, a refusal seem very probably and it will be a fairly quick refusal because you don't meet the 10 year residence requirement because you applied far too early.

You should also be aware that your plan to cover the 5 month shortfall for LR by delaying your biometrics is poorly thought out. Biometrics are generally requested before the processing of the application has even begun. You will have 10 days in which to submit your biometrics and if you are 'lucky' (no guarantee) you will be given one more chance to submit them. You'll buy yourself at best, 30 days.
The only person in the scenario who stands to come out well in all of this is your solicitor's bank account!

ara121 wrote:Correct , but can delay bio metrics .

Is this is a homebrew plan of action or are you acting under (mis-)guidance from some sort of 'advisor'?

How to convince HO

I did self-employed only once for my start of my Tier 1 (GENERAL) , extension & ILR. I did two jobs .

The loss was genuine, Once of my project went wrong and business demanded money back. Hence I pad the money back , So I had to adjust loss.

Persuading the HO they had made an error should have been done through an AR or JR (which you chose not to do), not in a later visa application. As noajthan has asked, have you sought legal advice?

ara121 wrote:How to convince HO

I did self-employed only once for my start of my Tier 1 (GENERAL) , extension & ILR. I did two jobs .

The loss was genuine, Once of my project went wrong and business demanded money back. Hence I pad the money back , So I had to adjust loss.

Can you prove that? Correspondence between you and the other business etc?

ara121 wrote:I had to reverse my tax due to business loss, how can I explain to HMRC

Hi ara121.... can you please provide further details and the exact wording of the refusal letter. Genuine business losses outside the 12 month period can be explained and should be supported by evidence such as invoices, bank payments and other business justifications. You can prepare a monthly profit and loss account and show the HO that the loss happened outside the 12 month period but within the financial year. Should not be difficult if you have all the requisite information and the supporting invoices.

Casa,
Yous said|:
"You should seek the advice of a tax specialist. You also need to address the fact that unless you apply for AR or JR your leave won't be extended by section 3C."

is section 3C extended in JR? Several solicitor told me that Section 3C is not extended during JR. Any thoughts?

amar11 wrote:is section 3C extended in JR? Several solicitor told me that Section 3C is not extended during JR. Any thoughts?

Section 3C is not extended in JR, it only becomes valid and if JR is successful. From 6th April 2015, Immigration Appeal under New Immigration Act 2015 does not provide automatic extension of migrant’s visa conditions while they are undergoing appeal process as it used to be in pre-Immigration Act 2014. You have no right to live and work in the UK while you're waiting for JR.

As monty87 has advised, Section 3 is only in play if JR succeeds.

Casa wrote:Too late for that now. The Case Worker won't even have to make any checks with HMRC for your LR application, the refusal for tax discrepancy will be held on record. It would have been wiser to at least challenge the refusal at AR or JR instead of putting in an invalid LR application.

Hi Casa. Am new to this forum and after reading and reviewing many cases of resent refusal on ILR based on tax return issues.

Am now worried with the same issues on my forthcoming ILR based on previous earnings that falls in two financial year
Year.

See the below breakdown of my case. Employed (6kplus)+self employed(£52kplus ) =£59kplus

Earning year to HO - Jul 2011 to June 2012 =£ 59k-note: over the band for earning point as I only need 55 to 60k band
Tax return (sa302 for April 2011 to April 2012 =£28k plus.
Tax return (sa302 for April 2012 to April 2013 =£30kplus
Since earning's falls on two tax year within period claimed prior to extn.

Now on my tax return for self employment figures does not match with the 2nd tax year due to financial year was still ongoing as such expensis/ lost on that year causes different figures to HO within the 12months that falls in two financial year.But when you add the remaining of my pay job on the remains financial year is matches with figures of both HMRC and HO.

Do you think I still need an amendment to my self employment earnings as I still meet the threshold claimed to HO. Please I need your advice and other seniors as am new to forum.

Thanks

Ive no idea. I suggest you seek the advice of a tax specialist.

Thanks Casa. .. please any other senior members views on this .

Hi I am new on this group. I applied for ILR under Tier 1(General) waiting for decision.

I am looking for a person named Omni shanti on this group. His/Her case was exactly same to my case.
Please if someone knows Omni Shanti or the information posted by him/her please let me know.

Many Thanks
Vaneet

Dear Members,

I applied for my ILR on 25th January 2017 and 1st week of February I received my Biometric. Then I submitted my fingerprints on 3rd week of February. Until May didn't hear from HO. Mid-May I received standard tax questionnaire with regards to tax affairs and filled the questionnaire sent on time.

I did self-employment in 2010 and I amended the tax slightly due to bad debts. As per letter mentioned that I should keep the record for 5 years. Hence it has reached the expiry date. Adding salt to wound my accountant passed away in 2012 and the company was sold to different management. Without my knowledge, all the documents were destroyed. I got a letter from accountants wife that her husband died and the company is no more with them. The letter also mentioned documents were also safely destroyed.

As per HO application status mentions the last date of the update was 27th June. Until today's date, I haven't received any response from HO.

What should be my next move? advice please

Many Tier 1G applicants have applied and mostly were refused ILR on the basis of tax amendments, usually after a long period. Search the forum
You are responsible to keep your files for 5 years, NOT your accountant.