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SET(LR) application queries
Posted: Thu Jan 07, 2016 7:47 pm
by misaw1
Hi Everyone
Thanks for sharing this important update with us and have some queries regarding my ILR (long residence) so need your help guys
1. 10 years residence period of me is (student+PSW+Tier-1 general) got refusal for PSW but appeal successful.
(it took HO 8months to give me PSW so does it effect my visa status or not??)
2. Tier-1 general ( employment+self-employment) initial and extension.
(Paid all self-employment tax for the initial and extension) waiting for SA 302 form from HMRC. My query is when I was about to pay tax my accountant tweek some of the tax in self-assessment and reduce the final amount bit less and I did not realize at that time but when i got my SAR docs the final figure in TIER-1 general application of self-employment income is different to what was submitted in self assessment, so does this effect my ILR application and what can I do before I submit my application at PEO??
3. I did not paid any tax inbetween 5years (after initial and extension of TIER-1)period of Tier-1 general as i was self-employed but did not have massive income but did do tax return for self employment, so how does this effect my application, does income for 5years should be 35k for Tier-1 general??
Please everyone i am very nervous till this time everyone on this website (moderators and all members) were very helpful this is biggest thing for me after spending so much time in UK.....Please anyone with any information about this do reply and do not ignore....every suggestion is valuable does not matter big or small.....
Many thanks in advance
Abs
Re: SET(LR) application queries
Posted: Thu Jan 07, 2016 8:25 pm
by geriatrix
1. No problem.
2. Get your tax issues in order before you apply for settlement. Consult a tax advisor / competant accountant to assist you in doing submitting tax amendments, if there is need for it.
3. There is no requirement to have earned a "minimum salary" during all of the 5 years spent as Tier 1 (General) migrant.
Re: SET(LR) application queries
Posted: Thu Jan 07, 2016 9:13 pm
by immuser
sushdmehta wrote:1. No problem.
2. Get your tax issues in order before you apply for settlement. Consult a tax advisor / competant accountant to assist you in doing submitting tax amendments, if there is need for it.
3. There is no requirement to have earned a "minimum salary" during all of the 5 years spent as Tier 1 (General) migrant.
Can you please advise , what else if amended tax returns not updated in HMRC by the time of applying my visa. would it be Safe to go for same day application by showing the proof of amendments already in place and covering letter from accountant OR
applying by post it will take another 2 to 3 months extra time. so there will be possibility that HMRC can update tax returns by that time.
Re: SET(LR) application queries
Posted: Thu Jan 14, 2016 3:51 pm
by muqeem.ahmad
I need to apply for ILR IN 3 Months.
initial visa got in 2010.
applied extension in 2013(employed+self employed)
visa refused and then granted by court.
paid all self employed tax for that year which was 2013-2014.
but i got a letter from HMRC local compliance team that i have had on fuel and car benefit from my last emplyer during 2013-14 year and i did not mention in my tax return.Hmrc asked me to pay extra tax 1219 for the year of 2013-14.
my first question is if HMRC adjust this amount with my next year tax code will it allright to apply for ILR?
will it not a issue for me or affect on my ILR Application?
second question is if HMRC make installment of this amount ,will it allright to apply for ILR ,i mean will it not affect on my ILR application?
thanks for your help guys
Re: SET(LR) application queries
Posted: Thu Jan 14, 2016 7:13 pm
by mylook
Can you please advise, if there was an error with tax return payment to HMRC used for Tier 1 general application visa and I am due to apply for ILR , what else if amended tax returns not updated in HMRC by the time of applying my visa. would it be Safe to go for same day application by showing the proof of amendments already in place and covering letter from accountant OR
applying by post it will take another 2 to 3 months extra time. so there will be possibility that HMRC can update tax returns by that time.[/quote]
Re: SET(LR) application queries
Posted: Sun Jan 24, 2016 6:56 pm
by misaw1
Dear sushdmehta
Thank you for reply. As you have answered all my queries and I have already applied for tax amendment which HMRC told me that will take 8-10weeks. I got few questions to ask if you could help me with that it will be much appreciated.
Q.1 Now I have submitted my tax returns and once the HMRC update the returns if I pay this tax on monthly instalments if agreed by HMRC is that effect my ILR application(long residence)??
Q.2 Can Home office officials ask about why you have made later tax amendments does this have any impact on points claimed for income in TIER-1 general??
Please let me know your valuable suggestions and any information that can help me with ILR application.
Many thanks
Abs
Re: SET(LR) application queries
Posted: Fri Feb 05, 2016 10:41 pm
by Karthick1100
can you pl post me covering letter for correcting previous tax return. I am in process of amending my tax return.
many
Re: SET(LR) application queries
Posted: Sat Feb 06, 2016 2:16 am
by tazpk
**Request for Urgent HELP**
Hello,
I hope I can get the right advise regarding my application for SET(LR) on this forum, I am very upset as my application is quite complicated, I have completed my 10 years in the UK on 4 Feb 2016 but my last application of Tier 1 Entrepreneur was refused with the right of appeal in June 2013.
I had 7 years of proper visa 5 years Student and 2 years PSW (all fine)
But when my last Entrepreneur application was refused I went for administrative review (refused) and first tier tribunal for oral hearing but was NOT successful and after that I applied for a new entrepreneur application within time. But again 2nd application was also refused with no right of appeal and my solicitor applied for Judicial Rev with in 90 days (Max TIME LIMIT FOR JUDICIAL REV).
Judicial Review was refused and oral hearing (upper tribunal) for right of appeal was also refused (applied within 28 days).
After upper tribunal, my solicitor applied in court of appeal for the permission but again refused with no right of appeal to the supreme court. After exhausting all appeal rights in the UK I applied to EU court as a last resort (within 28 days) and waiting for their decision. During this time I have completed my 10 years on 4 Feb 2016.
My questions are:
1. will this time in the court be considered lawful (under section 3C) in the UK towards my 10 years as my application was under process in appeal.
2. Because my solicitor applied for judicial Rev in 90 days, will this have an effect on my application.
3. Does time in EU court also come under section 3C?
I shall be highly thankful and obliged for any assistance in this serious matter.
Regard's
Taz
Re: SET(LR) application queries
Posted: Sat Feb 06, 2016 7:33 pm
by avjones
JR doesn't count towards s. 3C leave.
Re: SET(LR) application queries
Posted: Sun Feb 07, 2016 12:21 am
by tazpk
Thanks Amanda for your reply, but one of my friend has got his ILR last year and his case was exactly the same as mine.
**ANY Recommendations**
Also can you please advise about appeal to the EU court. is my stay legal in the UK until the EU court decide on my application?
thanks for your kind assistance
Taz
Re: SET(LR) application queries
Posted: Sun Feb 07, 2016 4:22 am
by avjones
tazpk wrote:
But when my last Entrepreneur application was refused I went for administrative review (refused) and first tier tribunal for oral hearing but was NOT successful and after that I applied for a new entrepreneur application within time. But again 2nd application was also refused with no right of appeal and my solicitor applied for Judicial Rev with in 90 days (Max TIME LIMIT FOR JUDICIAL REV).
My questions are:
1. will this time in the court be considered lawful (under section 3C) in the UK towards my 10 years as my application was under process in appeal.
No, because your JR failed. So you've been an overstayer since whenever it was your second application was refused, and you have not continued to accrue lawful residence. You've not therefore reached 10 years *lawful* residence
2. Because my solicitor applied for judicial Rev in 90 days, will this have an effect on my application.
No, because your JR was not successful
3. Does time in EU court also come under section 3C?
Do you mean the European Court of Justice, or the European Court of Human Rights? Either way, if you went to the ECJ or the ECHR after your JR of an out-of-time application was refused, there is no 3C leave.
I shall be highly thankful and obliged for any assistance in this serious matter.
Regard's
Taz
Re: SET(LR) application queries
Posted: Sun Feb 07, 2016 1:16 pm
by tazpk
thanks Amanda, my application is in ECHR now, so this time does not considered under 3C?
what would you recommend now, what option can I avail because I have been in the UK since last 10 years and my last application was in appeals.
Also as my current application is in ECHR on basis of article 6 and 8 which does not be included under 3C(that I understand) but am I legal in the UK (Like JR) until the case is finalised in the court of ECHR.
thank you for your assistance Amanda
Taz
Re: SET(LR) application queries
Posted: Mon Feb 08, 2016 3:16 pm
by avjones
tazpk wrote:thanks Amanda, my application is in ECHR now, so this time does not considered under 3C?
No. Nor was the JR under 3C either
what would you recommend now, what option can I avail because I have been in the UK since last 10 years and my last application was in appeals.
I'm sorry, I can't possibly say in any detail, I just don't know about your case.
Also as my current application is in ECHR on basis of article 6 and 8 which does not be included under 3C(that I understand) but am I legal in the UK (Like JR) until the case is finalised in the court of ECHR.
No, you aren't legal - and you weren't under the JR either.
thank you for your assistance Amanda
I don't think I'm saying anything you want to hear, sorry.
Taz