ILR refused for late amendments

[mk_engr]

Hello everybody,
I just want to share that my application for Tier 1 General to ILR has been refused due to late ammendments in the tax returns. I got my tier 1 General in April 2011 by showing the mix amount of income as employed and self employed. I went to PEO on 25th of March 2016. However, all my tax liabilities were updated and paid on the HMRC website a week ago as per the figures i gave to home office in intial application. However, Home Office said the HMRC data available as of Janurary 2015. So, amended return for year 10-11 which has been amended in Feburary 2016 is not accessible for them. They said still my old income is showing on their system.
My only query is if as of 25th March 2016 my tax is fully paid on the date of application as per my intial application then how can they refuse it. I know I made an error in first instance while filling the return of 10-11, however, HMRC accepted it then how can Home Office refuse it. I have 14 days for Adm Review and time is running out so please someone who already gone through this process and victorious can share the experience.
Regards

[Wanderer]

Hello everybody,
I just want to share that my application for Tier 1 General to ILR has been refused due to late ammendments in the tax returns. I got my tier 1 General in April 2011 by showing the mix amount of income as employed and self employed. I went to PEO on 25th of March 2016. However, all my tax liabilities were updated and paid on the HMRC website a week ago as per the figures i gave to home office in intial application. However, Home Office said the HMRC data available as of Janurary 2015. So, amended return for year 10-11 which has been amended in Feburary 2016 is not accessible for them. They said still my old income is showing on their system.
My only query is if as of 25th March 2016 my tax is fully paid on the date of application as per my intial application then how can they refuse it. I know I made an error in first instance while filling the return of 10-11, however, HMRC accepted it then how can Home Office refuse it. I have 14 days for Adm Review and time is running out so please someone who already gone through this process and victorious can share the experience.
Regards

Search the forum, there's a lot who have fallen down this hole, not looking good for most, the perception is it's deception, as the main cause was T1G guys inflating their earnings to gain extensions but only declare lower real earnings to pay actual tax on. Hence people frantically amending and even struggle to tax the due tax...

If that's not you you might be ok if you can show that irrefutably, but at the end of the day the decision it's UKVI's not HMRC.

[f317633]

Hello everybody,
I just want to share that my application for Tier 1 General to ILR has been refused due to late ammendments in the tax returns. I got my tier 1 General in April 2011 by showing the mix amount of income as employed and self employed. I went to PEO on 25th of March 2016. However, all my tax liabilities were updated and paid on the HMRC website a week ago as per the figures i gave to home office in intial application. However, Home Office said the HMRC data available as of Janurary 2015. So, amended return for year 10-11 which has been amended in Feburary 2016 is not accessible for them. They said still my old income is showing on their system.
My only query is if as of 25th March 2016 my tax is fully paid on the date of application as per my intial application then how can they refuse it. I know I made an error in first instance while filling the return of 10-11, however, HMRC accepted it then how can Home Office refuse it. I have 14 days for Adm Review and time is running out so please someone who already gone through this process and victorious can share the experience.
Regards

Which PEO did you go to? We're u employed or self employed at the time of your ILR?

[adamsmith]

Hello everybody,
I just want to share that my application for Tier 1 General to ILR has been refused due to late ammendments in the tax returns. I got my tier 1 General in April 2011 by showing the mix amount of income as employed and self employed. I went to PEO on 25th of March 2016. However, all my tax liabilities were updated and paid on the HMRC website a week ago as per the figures i gave to home office in intial application. However, Home Office said the HMRC data available as of Janurary 2015. So, amended return for year 10-11 which has been amended in Feburary 2016 is not accessible for them. They said still my old income is showing on their system.
My only query is if as of 25th March 2016 my tax is fully paid on the date of application as per my intial application then how can they refuse it. I know I made an error in first instance while filling the return of 10-11, however, HMRC accepted it then how can Home Office refuse it. I have 14 days for Adm Review and time is running out so please someone who already gone through this process and victorious can share the experience.
Regards

Hi mk_engr,
I am in same situation as you are. In my case my amendment hasn't been updated yet, I am going to apply by post next week. These kind of cases, it is always advised to apply by post.As far as I understand, your case is very strong. They will eventually give visa as you have rectified your mistake before you applied. Did u take any letters from HMRC to prove that you have done your amendments recently? Did HMRC provided any SA302? HMRC data is not up to date in most of the PSC, therefore they just assume that you havn't done any amendments. Find a good lawyer and make a strong case with all the documents.
Best of luck. Please, keep in touch and post your experiences.

[protagonist8]

Hello everybody,
I just want to share that my application for Tier 1 General to ILR has been refused due to late ammendments in the tax returns. I got my tier 1 General in April 2011 by showing the mix amount of income as employed and self employed. I went to PEO on 25th of March 2016. However, all my tax liabilities were updated and paid on the HMRC website a week ago as per the figures i gave to home office in intial application. However, Home Office said the HMRC data available as of Janurary 2015. So, amended return for year 10-11 which has been amended in Feburary 2016 is not accessible for them. They said still my old income is showing on their system.
My only query is if as of 25th March 2016 my tax is fully paid on the date of application as per my intial application then how can they refuse it. I know I made an error in first instance while filling the return of 10-11, however, HMRC accepted it then how can Home Office refuse it. I have 14 days for Adm Review and time is running out so please someone who already gone through this process and victorious can share the experience.
Regards

hi mate
which POE did you go to and when you submitted your Application did you give TAX updated docs as well?

[gwsamanbs]

@mk_engr

I am in the same situation mate .

I have amended before I go ,but I got refuced .

You got options .
1.AR and JR if not sucessful ( may be dead end).
2. Same day agian with good solicitor .
3. Postal application with good Solicitor .

I have seen some cases people have won with the same situations but now its getting more and more . we have to fight .

[mk_engr]

@ gwsamanbs
Do you mean you have ammended and paid all the taxes? and what exact reason did they used?
if they have refused on late ammendments then going again for new application can not be usefull. as your main refusal reason will be same there (not change in circumstances). i am not much hopefull in AR, however, i have a strong beleive in JR and we will be successfull there.

[adamsmith]

@ gwsamanbs
Do you mean you have ammended and paid all the taxes? and what exact reason did they used?
if they have refused on late ammendments then going again for new application can not be usefull. as your main refusal reason will be same there (not change in circumstances). i am not much hopefull in AR, however, i have a strong beleive in JR and we will be successfull there.

Hi mk_engr,
Call HMRC and ask for a letter to prove that you have paid all the dues and their system is updated if you havn't already included in your PSC application. I am pretty sure you will be successful but the problem is, it is going take time and will cost you a lot of money and day by day it is getting harder and harder.
I wish you all the best. And please keep posting your result as it will help a lot of people.

[Manigee]

@ gwsamanbs
Do you mean you have ammended and paid all the taxes? and what exact reason did they used?
if they have refused on late ammendments then going again for new application can not be usefull. as your main refusal reason will be same there (not change in circumstances). i am not much hopefull in AR, however, i have a strong beleive in JR and we will be successfull there.

Hi mk_engr,
Call HMRC and ask for a letter to prove that you have paid all the dues and their system is updated if you havn't already included in your PSC application. I am pretty sure you will be successful but the problem is, it is going take time and will cost you a lot of money and day by day it is getting harder and harder.
I wish you all the best. And please keep posting your result as it will help a lot of people.

hi any update

[Casa]

@ gwsamanbs
Do you mean you have ammended and paid all the taxes? and what exact reason did they used?
if they have refused on late ammendments then going again for new application can not be usefull. as your main refusal reason will be same there (not change in circumstances). i am not much hopefull in AR, however, i have a strong beleive in JR and we will be successfull there.

Hi mk_engr,
Call HMRC and ask for a letter to prove that you have paid all the dues and their system is updated if you havn't already included in your PSC application. I am pretty sure you will be successful but the problem is, it is going take time and will cost you a lot of money and day by day it is getting harder and harder.
I wish you all the best. And please keep posting your result as it will help a lot of people.

hi any update

Over the weekend? Unlikely!

[mk_engr]

just applied for AR. let see what happen

[mk_engr]

Dear Friends,
Can anyone please share his/her experience of Refusal to AR to JR process. specially in Tier 1 General cases. if anone can share their experience then it will be a lot beneficial for those who are seeking for justice.
please share and suggest if someone can
Good luck all

[r_shanam]

Hi mk_Engr,

Which PEO did you went, and did you fill any questionaire about self employment tax. please let me know the details.

thanks

[Nice2MU]

I have the same situation but it was for 2012-2013 not 2010 or 2011.

My income was divided into two financial years (2011-12 and 2012-13) as self employed. So almost half was paid in one year and half in next and it was very genuine error in filing the correct return as I had already paid more than 78% tax so it shouldn't be considered as the case of deception.

I came to know in last June or July, there was mistake in my return. After many months, I had to managed to amend it November and paid on 24 December 2015 and got the updated SA302 from HMRC in February 2016.

Today on 7th April 2016, in PSC Sheffield the refused my visa by saying that there was discrepancies in my 2012-13 return. I had argued with her (the case worker) that I have amended and updated the return and paid it as well. Her reply was that they decide on original.

What I am guessing from this is:

1) They have just viewed my 2012-13 return and had ignored the 2011-12 return because I had a big transaction (more than half of the total) on the 5th April 2012 that's why they didn't see it and considered it a very big discrepancies (which made her furious )

2) They hadn't seen the my updates and only decided on my old returns

3) She had already printed the decision so was not in the mode to listen or to change the result so asked me to go for Admin Review instead of explaining anything to her.

Please suggest what should I add or explain in my Admin Review. I am in a contact with a solicitor as well.

Regards

[Obie]

If indeed you have paid all the taxes , and you are able to get a confirmation in writing, then an Admin review or pre - action protocol should solve the matter.

[Nice2MU]

Thanks buddy for your kind reply.

Yes, I had contacted with a solicitor who had dealt with such cases in recent past.

I had called to HMRC on Friday, the 8th April 2016, and asked them that if my return was amended and I was sent the bill for payment, then why it was not shown to HO? The customer Service lady gave me very strange answer that 'Normally we don't update but I am doing it right now for you and sending out the updated SA-302'......... After hearing this I got the whole scenario that why the case worker didn't see my corrected return or figure but at the same time I am still 100% sure that she didn't see my 2011-12 return because when she came to me she had straight away told me that 'There is a discrepancies in my 2013 return....' and she didn't mention anything about 2012 return otherwise if there was any difference in shown income to HO and HMRC, then there should be discrepancies in both returns as both returns shows the combined figure.

Anyway I am not sitting idle now and will call them on daily bases so that I should get the updated SA 302 for 2013 as soon as possible.

One question came to my mind that if the return was previously or recently updated, can the HO people can find it that when it was updated?

I have the same situation but it was for 2012-13 not 2010 or 2011.

My income was divided into two financial years (2011-12 and 2012-13) as self employed. So almost half was paid in one year and half in next and it was very genuine error in filing the correct return as I had already paid more than 78% tax so it shouldn't be considered as the case of deception.

I came to know in last June or July that there was mistake in my return. After many months, I had managed to amend it in November and paid on 24 December 2015 and got the updated SA302 from HMRC in February 2016.

Today on 7th April 2016, in PSC Sheffield has refused my visa by saying that there was discrepancies in my 2012-13 return. I had argued with her (the case worker) that I have amended and updated the return and paid it as well. Her reply was that they decide on original.

What I am guessing from this is:

1) They have just viewed my 2012-13 return and had ignored the 2011-12 return because I had a big transaction (more than half of the total) on the 5th April 2012 that's why they didn't see it and considered it a very big discrepancies (which made her furious )

2) They hadn't seen the my updates and only decided on my old returns

3) She had already printed the decision so was not in the mode to listen or to change the result so asked me to go for Admin Review instead of explaining anything to her.

Please suggest what should I add or explain in my Admin Review. I am in a contact with a solicitor as well.

Regards

It is better get a proper advice from Solicitor and write a clear document on why there was a Tax discrepancy and submit for Admin review. Now the ball is in your court to prove it was a genuine oversight from you. Lot of people are showing different salaries to HO to get points and HRMC for tax avoidance

[Wanderer]

Don't forget there is interest and penalties due on late tax payments, it's not enough just to pay the then owed balance.

[mk_engr]

what one can see that someone in HO misusing their powers. what my lawyer said if someone admit before submitting their application to HO that they made the mistake then it is not deception. it is considered only an error to HMRC. and who paid everthing to HMRC then there is no point to refuse people. at the end they will only learn the lesson from JR as they learn from English test scandal when they deported 50K students unlawfully. I will suggest all we need to do is to make a combine struggle like HSMP FORUM LTD who will collectivley fight for us in very less amount otherwise it will be a RAT RACE.

[Nice2MU]

what one can see that someone in HO misusing their powers. what my lawyer said if someone admit before submitting their application to HO that they made the mistake then it is not deception. it is considered only an error to HMRC. and who paid everthing to HMRC then there is no point to refuse people. at the end they will only learn the lesson from JR as they learn from English test scandal when they deported 50K students unlawfully. I will suggest all we need to do is to make a combine struggle like HSMP FORUM LTD who will collectivley fight for us in very less amount otherwise it will be a RAT RACE.

I agree the suggestion of a forum like HMSP forum because many people are treated unlawfully just on their own doubts of being deceitful. Everyone can make mistake. If one pay the maximum tax and mistakenly miss the small amount like in my case, how can they call it a deception? As the right of Appeal is no more there that's why they became bold and 'Free' in their acts hence they are using their discretion powers unevenly.

And you are right, they would get their treatment in JR because the judges will not think in their way. Does any one know any decision of Pre-Action Protocol or JR in such cases?

Regards

[shaffa2629]

Whoever got visa refused and going for admin review. Please as soon as you do the admin review than go for the fresh postal application which you are entitled to under section 3(C). It will give your application a chance for acceptance because you have done the amendments and all previous tax years are clear now.

[jarraj1102]

Hi Shaffa 2629 and Nice2MU,

The suggestion put forwarded by both you members is definitely the way to go ahead. With the number of cases being deffered by HO even after the updates. Its begs the question what is the need to do the amendments with HMRC? IF

The HMRC has done the amendment and HO refuses to recognise this?
Why is deception used when changes have been voluntary and done before the application?

I am up for starting a forum and willing to contribute towards it. Other members in similar situation kindly endorse and lets put our case forward.And can anyone suggest on how to go about challenging similar cases from HO collectively?

Regards

[Casa]

It appears that the HO are taking the view that the attempts to amend tax 'discrepancies' were only made once applicants were aware that their visa applications were facing refusal...following previous deception in their tax returns. The innocent will obviously be disadvantaged by the actions of the guilty.

[Nice2MU]

Mate when you make any such forum, please let us know. Whether I get visa or not before any such forum but I will support it so that these HO people should learn a lesson like it did in HMRC JR case.

There is a group of people who are working on it as well and had collected some money as well.

You will challenge it through Judicial Review in upper tribunal I guess. You can, however, get best advice from a good solicitor or barrister.

Hi Shaffa 2629 and Nice2MU,

The suggestion put forwarded by both you members is definitely the way to go ahead. With the number of cases being deffered by HO even after the updates. Its begs the question what is the need to do the amendments with HMRC? IF

The HMRC has done the amendment and HO refuses to recognise this?
Why is deception used when changes have been voluntary and done before the application?

I am up for starting a forum and willing to contribute towards it. Other members in similar situation kindly endorse and lets put our case forward.And can anyone suggest on how to go about challenging similar cases from HO collectively?

Regards

[Nice2MU]

It appears that the HO are taking the view that the attempts to amend tax 'discrepancies' were only made once applicants were aware that their visa applications were facing refusal...following previous deception in their tax returns. The innocent will obviously be disadvantaged by the actions of the guilty.

That's very true.

[Nice2MU]

Today, some people suggested me to go for fresh Postal apply before my visa expiry on 1st May 2016 instead of AR as there are maximum chances of being refused. I think I should get the visa then? Any comments or suggestions please.