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tier 1 to ILR- tax issue - scared of refusal

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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NAVRAF
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tier 1 to ILR- tax issue - scared of refusal

Post by NAVRAF » Wed Oct 26, 2016 10:11 pm

Hi all,
I am fairly new to this site. After reading a number of ILR refusal cases from previous Tier 1 General applicants on this forum I have gotten very discouraged and to be honest I am frightened for my own application now. The following is my story:
Granted Tier 1 general in May 2011: income claimed from employment and self-employment. Self-employment tax (nearly £11k) paid on time.
Granted Tier 1 general extension in June 2013: income claimed from employment and a ltd company (myself being the director/ tax accrued was £5k). Due to my accountant’s disappearance back home, I couldn’t complete the tax return for the company and in early 2015 I got a letter from companies house saying that my company has been dissolved. Although I did go to other accountants in the absence of my accountant but I found them to be very dodgy! And they were claiming an enormous fee for their services. My accountant came back in late 2015 and we sent HMRC a letter with cheques of £5000 to clear my taxes for the dissolved company. The cheques were accepted but HMRC isn’t sending any sort of acknowledgement to me as to say that the dissolved company’s taxes have been cleared as they are telling me that there’s no tax liability on a dissolved company and that’s why I shouldn’t have sent them any monies. My bank statements and bank’s cheque copies clearly shows that they have cashed the cheques.
Now I have sent my ILR application on 11/06/2016, claiming earnings from employment and self-employment ((£5k tax liability) declared taxes from the self-employment to HMRC and will be paid in a couple of months). I am worried about the tax problems with the ltd company, even though I have paid HMRC but it won’t show on their records and HO will refuse my application due to HMRC not having any records of it.
Just needs advise on what to do in case the worst happens…
Regards
navraf

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Re: tier 1 to ILR- tax issue - scared of refusal

Post by Wanderer » Thu Oct 27, 2016 4:17 pm

Your accountant/you should have got the company reinstated, and resolved the ussue from there, there may well be other taxes/penalties/interest due.

I wouldn't hold out much hope on this one.
An chéad stad eile Stáisiún Uí Chonghaile....

NAVRAF
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Re: tier 1 to ILR- tax issue - scared of refusal

Post by NAVRAF » Fri Oct 28, 2016 12:54 am

thanks wanderer for your response, there are many things I could have done but the time has passed now :oops: .Surprisingly I got a letter from HMRC saying that my payment have been traced and requests have been made to the HMRC banking unit to allocate them to the company's corporation tax. I hope this letter serve as an evidence to prove that I have paid the taxes of the company.
By the way I have been in the UK for 9 years and 2 months now. I need another 10 months to complete my 10 years and go for FLR on that basis.
what should I do if I get a refusal?
does the time spent under JR count towards my 10 years legal stay?
can I continue to work after AR refusal?
regards
navraf

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CR001
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Re: tier 1 to ILR- tax issue - scared of refusal

Post by CR001 » Fri Oct 28, 2016 7:07 am

The same checks on tax etc will done whether you apply for ILR based on Tier 1 G or ILR based on 10 years long residence. It is a misconception that 10 years LR is a 'safe' option.

Time under JR will ONLY count IF your JR is successful.
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NAVRAF
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Re: tier 1 to ILR- tax issue - scared of refusal

Post by NAVRAF » Tue Nov 01, 2016 5:42 am

Thank you CR001,
I am not scared of tax checks after getting this letter from HMRC anymore.
People on this site have claimed to have got their ILR after completing their 10 years stay whilst still being on JR but withdrew JR before applying for the 10 years route. Are they correct in claiming so?

NAVRAF
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Re: tier 1 to ILR- tax issue - scared of refusal

Post by NAVRAF » Tue Nov 01, 2016 5:51 am

also can we work after AR refusal whilst being on JR?? THANKS

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Casa
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Re: tier 1 to ILR- tax issue - scared of refusal

Post by Casa » Tue Nov 01, 2016 9:08 am

NAVRAF wrote:also can we work after AR refusal whilst being on JR?? THANKS
You do not have Section 3c protection of leave while under JR. This is only re-instated if the JR is successful.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: tier 1 to ILR- tax issue - scared of refusal

Post by CR001 » Tue Nov 01, 2016 9:14 am

Casa wrote:
NAVRAF wrote:also can we work after AR refusal whilst being on JR?? THANKS
You do not have Section 3c protection of leave while under JR. This is only re-instated if the JR is successful.
In addition to what Casa said, as you won't have section 3C protection, if your visa has already expired, then no, you cannot work.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
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NAVRAF
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Re: tier 1 to ILR- tax issue - scared of refusal

Post by NAVRAF » Wed Nov 02, 2016 3:47 am

thanks casa and CR001 for your response.

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