ILR Application Dilemma - PEO or Post ?

[AML2015]

Hello Everyone

Hope you all are doing well.

I am currently in a dilemma about whether to apply for my ILR (+ Dependent ILR) in person at the PEO or by post, and would be grateful if you could pour in your suggestions based on your experience either first hand or through knowledge via this forum.

Current Situation

PEO appointment booked for 13 Feb 2016 (Solihull) (As a backup)
Tier 1 Visa expiry - 04 March 2016 (same for dependent)
Employment - LTD Company Director (initial + extension + current ILR application)
Initial T1 - March 2011
Extension - Feb 2013

ILR qualifying period - Feb 2011 to Feb 2016 (28 days prior to 04 March 2016)

I have all documents in place for the application, but reading through forums about the SA302's and the HO checking for self assessment history and income, I have an outstanding SA to be processed by HMRC for 2011(considering I am claiming as February 2011 as the start of my ILR qualification period). I realized this last week and asked my accountant to be prepare them ASAP but unfortunately since they are outside the 4 year window, they can only be submitted as paper based assessments to HMRC. I have sent these submissions to HMRC on 14 Jan 2016 (to ensure I have covered my back to avoid being rejected under the deception clause and hence sent them prior to my ILR application).

Up until a couple of weeks back, SA for myself were only submitted for 2014 and 2015 (registered for SA as I received a letter from HMRC to be registered as I took extra dividends in 2013 to pay off my home mortgage, so went over the income threshold of £31865). Prior to that the accountant advised me that I do not need to register for SA since my income was below the threshold. (I agree I shouldn't blame the accountant and should have known for myself about SA,but genuinely you wouldn't not trust your accountant considering they have better knowledge of tax laws and hence they charge money to clients to sort out their tax submissions and issues).

Anyways, last week my accountant prepared all pending SA's and now my HMRC profile shows SA calculations and no outstanding payments for the years 2012,2013,2014 and 2015 (4 years out of 5). I have also called up HMRC to send me a letter to confirm my SA history along with my employment history.

To add, my LTD company taxation history is clear with all taxes paid prior to time (interest received from HMRC for every year for early payment), along with PAYE and VAT, but I guess it does not matter now due to the SA talk to up. I have received repayment for SA from HMRC for 2015 due to paying extra tax, but I am sure the case worker would not be impressed by the SA brownie points. I am guessing they would still be keen on seeing the SA302 for 2011. (I was hoping I could submit the covering letter + SA submissions which I sent to HMRC on 14 Jan 2016 as a proof that it is under review).

The options I think I have are,

1. Apply in PEO on 13 Feb 2016, and hope to be lucky considering I have all the paper work required except the SA302 for 2011. The caseworker might either reject it or put it on hold for further checks. (Considering I submit the docs which I sent to HMRC last week for 2010 and 2011 submissions as a proof that I realized my mistake and in the processing of correcting it). Its unlikely that I will receive a letter within the next 3-4 weeks from HMRC to confirm that they have received my SA submissions for 2010/11 and are processing it.

2. Apply by post closer to 04 March 2016, and once I send the application then chase HMRC regularly hoping they would process my outstanding SA's (2011) prior to HO reviewing my ILR application.

In both instances I have to play it by luck, but unsure which is the safest route forward. HO did not ask for any SA's or P60's during the initial T1 and extention applications, but are seeking for them now during ILR. This does not make sense. If required then they should clearly mention it in the policy guidance to ensure people are walking on the right path, rather than learning about new requirements and surprises through first hand experiences shared by people on such forums.

I have read posts by people that they have been granted ILR without the submission of any SA302's previously even after being a LTD company director, where they have only submitted company accounts and letter from an accountant detailing their earnings for the last 5 years. I am guessing it all depends on the caseworker assigned to your case and your luck.

Any thoughts from members on my situation would be highly welcomed.

Thanks

[f317633]

I will send it by post to avoid even 1% chance of rejection. Can't play by luck in this at least.

[kirankhalil75]

HI

Well from my side i think postal is good for this time, as now a days they are taking about 4 to 6 months for ILR application to process, so you will buy some time.

[Samsaro]

Hi AML,

I am almost in the same situation as you are, but I have my T1G visa valid until 2017 and eligible to apply for ILR on 15th Feb, 2016. So I have decided to wait until HMRC amends my TAX. I have spoken to my Solicitor, and he advised me that I can put a covering letter explaining the fact with the evidence of tax amendment submitted to HMRC. But it is up to case worker to accept it or not. I would advise better consult a solicitor before you take any decision.

Thanks..

[usernew123]

It better to sort out your tax before you apply. If you have time sort that out that first.

[AML2015]

Hi Everyone

Thanks for your replies and support.

I got in touch with HMRC today and they have received my paper based returns for 09-10 and 10-11 today and have told me that they will be processed by 9 April 2016. I advised that it will be too late since my visa runs out in March 2016, and if they could send me a letter confirming that they have received my paper based returns and are processing it along with my SA302's from year 12-15.

The adviser said that they could do that, and will send me the letter and the SA302s by next week.

I also have copies of the paper based returns which I sent to HMRC, and based on the figures there is no outstanding tax to pay for 09-10 and 10-11. (Hope HMRC includes the 'No outstanding Tax liability' in this letter)

In this situation, should I apply with the HMRC letter, SA302s from 12-15 and all other supporting docs in perfect shape ?

@Samsaro - I am not sure how helpful the solicitor will be in my case, considering the outstanding thing is between myself and HMRC and the solicitor cannot do anything more to help process the returns quicker.Please correct me if I am wrong.Thanks.

[raaji]

Hi which address u post amended docs ?
lots of different address ?

[raaji]

ANY UPDATES?

[AML2015]

@raaji

Posted my paper based self assessments to the address below,

Self Assessment
HM Revenue and Customs
BX9 1AS
United Kingdom

[immuser]

I will send it by post to avoid even 1% chance of rejection. Can't play by luck in this at least.

if we applying by post as amendments are still in process with HMRC. Do we need to include any evidence to show Home office in advance that we are amending tax returns for past years ( such as accountant letter , copy of amended document which is posted to HMRC) or

just leave it and apply with regular documents then let home office to come back and request for it .

[f317633]

Personally I will not include any documents which shows any red flag. Apply with the normal documents and provide the extra documents only if it is requested. This is my personal opinion.

[AML2015]

@immuser

I plan to send my paper based self returns along in the postal application. This is to ensure that they do not reject my application on the basis of deception. Sending the amendments along with a HMRC letter to say that it is under process will give them confidence that I was genuinely trying to sort out my taxation history before my application.
My visa runs out on 04 March 2016 and I would not have any choice other than AR or JR if they reject my application based on deception (either in person or if I apply by post).
So logically, it makes sense for me to be fully open with my situation with HO, and I am hopeful that HMRC will process my 09-10 and 10-11 returns prior to HO reviewing my application.

Yesterday I spoke to HMRC, and they gave me a tentative date of 12 April 2016 to process my paper based returns. So fingers crossed, it works out well.

[immuser]

@immuser

I plan to send my paper based self returns along in the postal application. This is to ensure that they do not reject my application on the basis of deception. Sending the amendments along with a HMRC letter to say that it is under process will give them confidence that I was genuinely trying to sort out my taxation history before my application.
My visa runs out on 04 March 2016 and I would not have any choice other than AR or JR if they reject my application based on deception (either in person or if I apply by post).
So logically, it makes sense for me to be fully open with my situation with HO, and I am hopeful that HMRC will process my 09-10 and 10-11 returns prior to HO reviewing my application.

Yesterday I spoke to HMRC, and they gave me a tentative date of 12 April 2016 to process my paper based returns. So fingers crossed, it works out well.

Thank you AML2015 for your inputs, i am in the same situation as you. My visa runs out feb 20, i sent amendments to hmrc in end of Dec .i spoke to Hmrc and they confirmed it will process by March 18 .
if i post my application feb 16 th its taking 4 months(June end ) to make any decisions or leaving at least 3 months( may 2nd week) to open case by case worker .

i am hoping HMRC will update Tax Amendments by the time case worker open my case .

Have you taken any professional guidance from any soclicter about to include copy of amendments with postal application.

Thank you

[f317633]

@immuser

I plan to send my paper based self returns along in the postal application. This is to ensure that they do not reject my application on the basis of deception. Sending the amendments along with a HMRC letter to say that it is under process will give them confidence that I was genuinely trying to sort out my taxation history before my application.
My visa runs out on 04 March 2016 and I would not have any choice other than AR or JR if they reject my application based on deception (either in person or if I apply by post).
So logically, it makes sense for me to be fully open with my situation with HO, and I am hopeful that HMRC will process my 09-10 and 10-11 returns prior to HO reviewing my application.

Yesterday I spoke to HMRC, and they gave me a tentative date of 12 April 2016 to process my paper based returns. So fingers crossed, it works out well.

This is bit tricky situation to be in. They cannot reject your application because u have not included the old tax documents. That's intact not a requirement. But they have the right to verify your tax history. When they don't see the tax document in your application which they are looking to verify they can contact HMRC and check the figures. Else they can give you 14 days time to submit the requested documents to them. It is also possible that caseworker doesn't request for any additional papers from u nor does he contact the HMRC to verify. In that case there is no issues at all and u will get ur ILR. Now when u include ur amendment papers we don't know how caseworker will see it? They can very well say that all these years the tax affair was not in place and now for your ILR u r correcting it. I am not an expert but this is what my personal opinion is. Just keep the documents to the minimum required (mandatory).

[immuser]

@immuser

I plan to send my paper based self returns along in the postal application. This is to ensure that they do not reject my application on the basis of deception. Sending the amendments along with a HMRC letter to say that it is under process will give them confidence that I was genuinely trying to sort out my taxation history before my application.
My visa runs out on 04 March 2016 and I would not have any choice other than AR or JR if they reject my application based on deception (either in person or if I apply by post).
So logically, it makes sense for me to be fully open with my situation with HO, and I am hopeful that HMRC will process my 09-10 and 10-11 returns prior to HO reviewing my application.

Yesterday I spoke to HMRC, and they gave me a tentative date of 12 April 2016 to process my paper based returns. So fingers crossed, it works out well.

This is bit tricky situation to be in. They cannot reject your application because u have not included the old tax documents. That's intact not a requirement. But they have the right to verify your tax history. When they don't see the tax document in your application which they are looking to verify they can contact HMRC and check the figures. Else they can give you 14 days time to submit the requested documents to them. It is also possible that caseworker doesn't request for any additional papers from u nor does he contact the HMRC to verify. In that case there is no issues at all and u will get ur ILR. Now when u include ur amendment papers we don't know how caseworker will see it? They can very well say that all these years the tax affair was not in place and now for your ILR u r correcting it. I am not an expert but this is what my personal opinion is. Just keep the documents to the minimum required (mandatory).

Thank you for your suggestion.

Can you please clarify one more thing , winch route is safer ILR 10 year route or ILR Tire 1 route.
I knew they check tax history in both occasions. i am looking to buy more time as i have to post my application by Feb 18 th and hmrc has given update to amend returns in march 3rd week. i am looking for options to drag my application to leave more time before case worker make any decision.

In my case i am eligible in both routes , which is the safest rote for me to proceed.

Thanks

[AML2015]

@immuser

I have NOT taken any professional advice, since I believe the solicitor cannot do much in this case. Its a case of getting your tax right, and then applying for ILR. I am not sure how a solicitor will be able to help in this instance.

Just praying that my missed SA's are processed before HO reviews my application. Thats my only hope.

I plan to post my application on 01 March. My visa expires on 04 March.

What do you think?

[AML2015]

@f317633

Thanks for your inputs and guidance. Much appreciated.

In my case, I have SA302 for 4 years (2012/2013/2014/2015)

My accountant did not file SA for 2010 and 2011, and 2011 was when my intial T1 was granted. In this instance I just need to get 2011 sorted with HMRC.

Hopefully the caseworker might see that the 4 years out of 5 as intact and might overlook the 2011 returns with confidence considering that I will submit the tax returns for 2010/2011 I sent to HMRC on 15 Jan 2016 for processing plus a letter from them that they are under consideration.

This is just to make my case stronger to ensure they dont reject based on deception.

What do you think of my approach ?

[AML2015]

All

I have cancelled my PEO appointment for 13 Feb 2016 at Solihull and requested a refund.

Looking at the multiple cases related to the SA302 issues and rejections, I believe the safest route forward is to apply by post. I have 5 weeks before I plan to send my application by post, and hoping for a miracle from HMRC to process my 09-10 and 10-11 (no amendments, but they were never submitted by my accountant) and send me a letter within these 5 weeks.

Will keep you updated if I hear anything from HMRC.

[immuser]

All

I have cancelled my PEO appointment for 13 Feb 2016 at Solihull and requested a refund.

Looking at the multiple cases related to the SA302 issues and rejections, I believe the safest route forward is to apply by post. I have 5 weeks before I plan to send my application by post, and hoping for a miracle from HMRC to process my 09-10 and 10-11 (no amendments, but they were never submitted by my accountant) and send me a letter within these 5 weeks.

Will keep you updated if I hear anything from HMRC.

Hi AML2015,


When did you sent amendments to HMRC and did they gave any time lines to process your 2009-10 and 10-11 amendments.


Regards

[AML2015]

@immuser

I sent my paper based returns (not amendments, filing missing returns for 09-10 and 10-11) to HMRC on 15 Jan 2016. They said they could only process it by 12 April.

I have asked them to send me a letter to state that they have received them and the tentative date for processing them is 12 April. They agreed to it. Just waiting for the paper based returns to be scanned using the DMS system, so the HMRC person can see them in their system. They said this would be done by end of this week or early next week.

Hope this helps.

[kirankhalil75]

AML2015


Hope you will sorted soon.......

Please keep us update.

How much you have paid to PEO ?

[AML2015]

@kirankhalil75

I paid £3800 for the PEO appointment. Cancelled it last week. Now waiting for the refund.

[AML2015]

All

I received the documents from HMRC last night. They include,

1. Employment History Letter (2010-2015)
2. SA302's (2012-2015)
3. Covering letter which states that they have received my returns for 09-10 and 10-11 and they will be processed in due course. They have not mentioned any dates when they expect to process them by.

Will update once I hear more from them regarding my paper based returns. Calling them daily and pleading. Hope that works and turns into a miracle.

[f317633]

Did they gave you a tentative timeline by when they may process ur paper returns? They would have given a deadline.

[AML2015]

@f317633

HMRC have stated a tentative date of 12th April 2016 to process my returns.