ILR Application Dilemma - PEO or Post ?

[AML2015]

@wasi

I did submit my NI contribution history letter from HMRC in my application which showed all my NI submissions from 2009-2015..

There is no clause of £32.50 NI submission for each quarter if ur income is below the threshold..if there is NI contribution you need to make then it will be on your payslip.Which in my case have been paid on time each month for all 6 years..

As i previously said,the reason for rejection is that I did not file my returns for 2011 & 2013 in the respective tax year end period even though tbere was £0 tax liability and filed them in Jan 2016..So HO think that i have manipulated my tax figures..which has never been the case in any of the 6 years..

[AML2015]

Am I allowed to work once I file my pre-action protocol and subsequently for a judicial review?

[HarryJones]

i think the details should be given in the refusal letter

[karg_g]

Hi AML2015,

I am no expert. After reading your post i felt really bad the way your application was treated. I hope you win your case and if possible recover the PEO cost as well.

Good luck

[AML2015]

@HarryJones

The refusal letter only gives the details of the admin review process and I am allowed to work until my admin review decision is not concluded.

My question to the seniors is, if the admin review fails and I go to court (Pre-action protocol/JR) am I allowed to work during the time when my case is under consideration at the court of appeal?

[AHD2016]

Hi. We are exactly sailing in the same boat. The PEO Solihull is a very very bad choice to make. Particularly for Ltd. Company guys. I am director of my limited company and have been through the same non-sense at solihull on feb. 3rd this year.

I had amended my dividend figures for year 2012-13 in Oct. 2015. All amendments done. HMRC had no issues. But CW thinks amendments have been made retrospectively and proved me deceitful. Don't worry. Hire a good immigration barrister. I can understand how frustrating it is when you have an absolutely clean history with HMRC. I am still not able to sync in the fact that my application is refused. Apply for AR only after consulting a barrister. Good luck to you... And me!

May we win the fight.

And yes you are legal to work till any decision is made for your application. All through AR and JR you can work legally.

[noajthan]

Without entering into a discussion about tax discrepancies, members should be aware that only applications which are 100% straightforward should be submitted in person at a PSC. The PSC Case Workers are of a junior level and simply don't have the authority (or the knowledge) to process any application with requires further verification. The application will either be rejected on the day, or if fortunate it will be passed to senior level Case Workers for further checks and will join the postal queue at the premium fee.

+1
Sage advice & food for thought in light of recent happenings.

[AML2015]

@AHD2016

Thanks for the advice and support. I have sent you a PM.Can you send me your solicitor details, as I am struggling to find a competitive one in the Midlands.

[Casa]

@AHD2016

Thanks for the advice and support. I have sent you a PM.Can you send me your solicitor details, as I am struggling to find a competitive one in the Midlands.

Members are only able to receive and send PMs after 30 posts. AML2015 has made only 1.

[HarryJones]

Without entering into a discussion about tax discrepancies, members should be aware that only applications which are 100% straightforward should be submitted in person at a PSC. The PSC Case Workers are of a junior level and simply don't have the authority (or the knowledge) to process any application with requires further verification. The application will either be rejected on the day, or if fortunate it will be passed to senior level Case Workers for further checks and will join the postal queue at the premium fee.

Does it mean that cases that are not 100% straightforward would receive better hearing through postal applications?

[noajthan]

...

Does it mean that cases that are not 100% straightforward would receive better hearing through postal applications?

That would be my conclusion based on this respected member's advice (& of others from the collective hive mind of the forum).

[HarryJones]

Interesting to hear that from honourable @noajthan

[adamsmith]

@F317633 - I will be applying for an admin review. Then if needed go for a pre-action protocol and then finally a JR. Wont let them go so easily.

@Casa - The lady who handed me in the decision said she discussed my case with the senior CW and then they concluded the rejection. So I am really not sure if even the senior CW's have the knowledge of things work with HMRC.

They blatantly refused to believe the HMRC returns and letters which I submitted with my application, and she was adamant on relying on her system (not sure what they use whether its a web application/ bespoke HO-HMRC windows based application) and said she did not find any employment history for me for the last 6 years. I then asked her how about the HMRC documents I had submitted with my application, and she said that they are secondary and they rely on their system. Who in their right state of mind would believe that ? Would you Casa ?

Anyways, the CW's at all PEO's need some serious immigration and tax related training and consequently have a HOTLINE DIRECT TO HMRC where they can speak to a person and confirm an applicants tax details, rather than rely on a piece of software/application which works crap.

Apologies for the outburst, but this response from the CW is unacceptable. Why do they ask us to submit papers/documents from other government organisations when they consider them as 'SECONDARY' and want to just rely on a system/software which doesnt seem to work or give them the right data.

I called up HMRC as soon as I got home, and they could see all my details along with the income figures and tax payments for all 6 years. So how about HO going for a revised IT consultant who could actually fix their system.

Sorry moderators, but I have been disgusted with the refusal after being an honest tax payer since I started working and then I was knighted by the HO as a being 'DECEITFUL'. Apologies once again.

Hi AML2015,
I think you have every rights to be angry about judging by the scenario you are in and how unfairly they treated you. I think HO are trying to refuse as many ILR as they can just to scare people up, so that applicants give up half way through. This is utterly and completely ridiculous. Regardless of whether you have to extend your visa or not, in this country, every organisation make mistakes about tax matter, simply because they made it so complicated. Believe or not me, I have asked same information to different accountants and they gave me different answers. Even HMRC can't give you straight forward answers to some of the tax matters. It is that ambiguous.

And also please, don't be so judgemental. I realised one thing that, in this forum people are quick to be judgemental about other's matters. And please, my humble request to moderators, give us chance to discuss tax matters if its relevant to a particular application as it is such an important issue for so many of us now. I would understand if they (moderators) block someone because he/she indulging criminal activity or giving suggestions that are deemed as illegal. But, blocking someone simply because he/she wants to discuss his case which happened to be tax related, is a bit harsh. Having said that, I am ever more grateful to the forum members and of course to the moderators for their wonderful job in helping people those who otherwise wouldn't have any help. I can gladly admit that I learned more in this forum than anywhere else. No solicitor can give me solutions to so many scenarios.

Brother, I hope and pray that you will get ILR asap. Please post your experiences so that others can learn.

[shahz123]

Hi. We are exactly sailing in the same boat. The PEO Solihull is a very very bad choice to make. Particularly for Ltd. Company guys. I am director of my limited company and have been through the same non-sense at solihull on feb. 3rd this year.

I had amended my dividend figures for year 2012-13 in Oct. 2015. All amendments done. HMRC had no issues. But CW thinks amendments have been made retrospectively and proved me deceitful. Don't worry. Hire a good immigration barrister. I can understand how frustrating it is when you have an absolutely clean history with HMRC. I am still not able to sync in the fact that my application is refused. Apply for AR only after consulting a barrister. Good luck to you... And me!

May we win the fight.

And yes you are legal to work till any decision is made for your application. All through AR and JR you can work legally.

Hi brother best of luck for your AR, can you confirm that. are we allow to work in case AR refuse and apply for JR or in appeal?

regards

[AHD2016]

@AHD2016

Thanks for the advice and support. I have sent you a PM.Can you send me your solicitor details, as I am struggling to find a competitive one in the Midlands.

Please don't waste your time in Midlands. Go for some good barrister in London. That's what I have done. I have an appointment today with one in London. Will let you know how it goes. Then can suggest you the same.

[AHD2016]

Hi. We are exactly sailing in the same boat. The PEO Solihull is a very very bad choice to make. Particularly for Ltd. Company guys. I am director of my limited company and have been through the same non-sense at solihull on feb. 3rd this year.

I had amended my dividend figures for year 2012-13 in Oct. 2015. All amendments done. HMRC had no issues. But CW thinks amendments have been made retrospectively and proved me deceitful. Don't worry. Hire a good immigration barrister. I can understand how frustrating it is when you have an absolutely clean history with HMRC. I am still not able to sync in the fact that my application is refused. Apply for AR only after consulting a barrister. Good luck to you... And me!

May we win the fight.

And yes you are legal to work till any decision is made for your application. All through AR and JR you can work legally.

Hi brother best of luck for your AR, can you confirm that. are we allow to work in case AR refuse and apply for JR or in appeal?

regards

I have had a word with few barristers, they have suggested that you are legal to work even during JR.

[tg2016]

Hi AML2015,

It's sad that your ILr has been refused. Although I stay in the midlands my solicitor advised me to attend in Croydon so I visited the Croydon PEO earlier this month and although I am self employed and even my previous applications too were based on employment + self employment no questions were asked. The CW approved it within 1 hour as per the applications timelines shown on the display monitor.

My history is as follows:

Initial Tier 1 application - 2010
Employment + Self Employment (sole trader) - all tax paid but took 2 years to pay it along with teh penalty

But in this case i noticed that in my SA i had mentioned total earnings from employment 2 + self employment as shown in the Tier 1 application. But HMRC had my earnings as Employment 1 + Emplyment 2 + Self employment. So as a result I had paid 200 pounds more as tax. I was worried that CW may bring this up but nothing happened.

Extension - 2013
Employment + Self Employment (Ltd Company) - All tax paid

Had filed the SA returns 8 months late and paid the tax and penalty a year later.

ILR - 2016
Employment + Self Employment (Ltd Company)

Both me and my spouse were approved.

On looking back I feel maybe I was plain lucky to not be asked any questions though my solicitor assured me that my case is pretty straightforward or since I am currently contracting through a reputed agency which provided invoices with its logo on it and the way my solicitor arranged teh documents making it easy for the CW to look through teh documents thereby creating a good impression.

Anyways all the best and hope your AR will be successful.

[AHD2016]

I just came back after meeting the barrister in london. Let me correct that you are legal to work only during AR not JR. during JR you are overstaying and shouldn't work.
He said that in last few weeks many cases like ours have come up. Probably things are changing now and even amendments are an issue to them.
Fingers crossed lets see what happens next. filed my AR today.

All the best everyone.

And yes for people who still have to make an application, please don't go to solihull. Worst place to apply ever. Go for Cryodon. There the case workers are much more experienced.

[love_uk1]

I just came back after meeting the barrister in london.
He said that in last few weeks many cases like ours have come up. Probably things are changing now and even amendments are an issue to them.

I dont understand whats going on but i think picture is clear that there is no eazy to deal with HO even taxations are up to date .never seen before like now's worst time

[AML2015]

All

Thanks for your support and inputs.

I have had a meeting with a solicitor today, and will be submitting my AR next Thursday. Hoping for the best.

[AHD2016]

All

Thanks for your support and inputs.

I have had a meeting with a solicitor today, and will be submitting my AR next Thursday. Hoping for the best.

Hi AML. How positive was your solicitor about the case. My barrister said 50-50 chances in JR as even judges are becoming strict these days.

[AML2015]

@AHD2016

My solicitor seemed pretty positive since the late filing of my SA's have not caused any loss of revenue to HMRC. Since tax owed for 2010/11/12/13 is £0.

So in essence, if I had filed them in the respective tax years or in Jan 2016 (a month prior to my PEO application) the tax liability would still be £0. Additionally I took due diligence a month prior to my application to ensure HMRC receive the SA's even though there is no tax liability, but to ensure that the records are updated.

She reckons this argument would work in my favour. So hoping for the best. Left the rest to God...

Additionally we plan to add more documents to the admin review filing since I have an option to file them to clear myself of deception charges.

[AML2015]

I was also advised that I could work during JR if the HO agree to it in writing prior to the first hearing. She did get one of her clients the right to work during a JR if you can justify it with the right reasons.

[AHD2016]

@AHD2016

My solicitor seemed pretty positive since the late filing of my SA's have not caused any loss of revenue to HMRC. Since tax owed for 2010/11/12/13 is £0.

So in essence, if I had filed them in the respective tax years or in Jan 2016 (a month prior to my PEO application) the tax liability would still be £0. Additionally I took due diligence a month prior to my application to ensure HMRC receive the SA's even though there is no tax liability, but to ensure that the records are updated.

She reckons this argument would work in my favour. So hoping for the best. Left the rest to God...

Additionally we plan to add more documents to the admin review filing since I have an option to file them to clear myself of deception charges.

Hi AML,

Is it possible for you to share the details of your solicitor. I can't PM you because I am new to the board and don't have enough posts to do so.

[noajthan]

Members are reminded of Board T&Cs (click);
eg points 2 & 7.