ILR refused for late amendments

[PDK2016]

Hi Guys,

Just wanted to know the status for the ilr refusal cases from last couple of Months in this forum.
Did anyone went for AR and what is the status.
Did anyone to PAP and what is the status.
Did anyone went to JR and what is the satus.
As I am in process of AR ...

PDK2016

[appy1234]

Hi All,
I have been a silent reader on this forum for few months now. Am exactly in same boat as many others with tax amendments to self assessment.

Case Summary:
Self employed 2010-11, 2011-12, 2012-13 & 2013-14 Self Assessments filed for all years in January 2016, HMRC SA302 obtained for all year apart from 2010-11 which they are still to update.
Went to Sheffield PEO on 21st May and got refused under 322(5) no HMRC records for self assessment earnings. got an Admin review and mine along with dependents visa expires on 29th May. Need desperate help.
1. I did not apply for dependents at PEO on 21st May so if I go for admin review what would be their status, how do I apply for them?
2. IS their any point in going for admin review or just directly start with pre action protocol?
3. Other seniors in similar shoes with success, could you please kindly advise me of good solicitor urgently as I do not have much time.

Any advice or help is much appreciated.

[sunny_sunny]

Dear All,

Please join Facebook Group.

LETS HAVE A PANEL OF BARRISTERS AND CHARTERED ACCOUNTANTS, ILR REFUSALS

Thanks

Hi, HSMP forum was for injustice from the Govt. on retrospective rules for all HSMP Visa holders.
But here it is about Tax Deception where many failed to pay tax due on that financial year. Many are blaming their accountants and say it is a genuine mistake.
So I'm not sure it makes any sense for joint effort since every case might be different.

[f317633]

There can just be two cases here ( as far as I see it).

1) correct taxes not paid.
2) correct taxes paid late ( in the form of amendment) but before ILR application.

As you rightly said all cases are different. But Ho has to make a single rules to deal with the applications? Do you personally feel tha Ho has been maintaining single rules for all ILR applications?

[CR001]

Topic will now be locked as the tag on posts, general 'support my cause' posts and discussions has detracted from the Original Poster.

[uffaisal]

PAP refused too

hi mk_engr
any update on your case ??

[uffaisal]

hi mk_engr
any update on your case ??

[revanth667]

There is no standard on how UKVI considers applications with amendments. My friends have amended their taxes and got visa. Not one but 4-5 friends have done that. I am not sure why they use 'deception ' clause on others!

[noajthan]

There is no standard on how UKVI considers applications with amendments. My friends have amended their taxes and got visa. Not one but 4-5 friends have done that. I am not sure why they use 'deception ' clause on others!

Probably because every case is different and is assessed on its merits and the evidence/information that is submitted.

[mk_engr]

Just a quick update, my permission for JR has been approved. it was an oral hearing. my barrister used some of grounds to defend my case, however, the ground in cheif was "HMRC is an independant HM's orgnisation if they have accepted my amendments then why HO is interfering in it and saying applicant is dishonest etc". and judge accepted it and granted the permission.

and please before asking silly questions like what is JR , oral hearing read this one first
https://www.gov.uk/government/collectio ... structions

[london2007]

Just a quick update, my permission for JR has been approved. it was an oral hearing. my barrister used some of grounds to defend my case, however, the ground in cheif was "HMRC is an independant HM's orgnisation if they have accepted my amendments then why HO is interfering in it and saying applicant is dishonest etc". and judge accepted it and granted the permission.

and please before asking silly questions like what is JR , oral hearing read this one first
https://www.gov.uk/government/collectio ... structions

congrats...have a happy days....

[manjunathhr]

Hi mk
Could you pls tell us after JR approvals how long
HO took time ... Pls mention dates

[ukishometoo]

Just a quick update, my permission for JR has been approved. it was an oral hearing. my barrister used some of grounds to defend my case, however, the ground in cheif was "HMRC is an independant HM's orgnisation if they have accepted my amendments then why HO is interfering in it and saying applicant is dishonest etc". and judge accepted it and granted the permission.

and please before asking silly questions like what is JR , oral hearing read this one first
https://www.gov.uk/government/collectio ... structions

Hi mk_engr

This is really good news, could you please share a bit more on what is happening now since your JR permission is accepted, is HO reviewing your case and will grant you the ILR now?

Many thanks

[Happy85]

Just a quick update, my permission for JR has been approved. it was an oral hearing. my barrister used some of grounds to defend my case, however, the ground in cheif was "HMRC is an independant HM's orgnisation if they have accepted my amendments then why HO is interfering in it and saying applicant is dishonest etc". and judge accepted it and granted the permission.

and please before asking silly questions like what is JR , oral hearing read this one first
https://www.gov.uk/government/collectio ... structions

hi i applied in august 2016, my bio-metric done in august as well .
but problem is i had amendments for 2010-2011 which i sort out with hmrc. i'm paying every month for hmrc, when i extend my visa i paid tax for that year. only problem is 2010-11 now HMRC is happy i'm paying installments but i know about HOME OFFICER Will be consider my visa , HO grant me ILR or not, pls let me know. many thanks
rajesh

[Happy85]

Just a quick update, my permission for JR has been approved. it was an oral hearing. my barrister used some of grounds to defend my case, however, the ground in cheif was "HMRC is an independant HM's orgnisation if they have accepted my amendments then why HO is interfering in it and saying applicant is dishonest etc". and judge accepted it and granted the permission.

and please before asking silly questions like what is JR , oral hearing read this one first
https://www.gov.uk/government/collectio ... structions

hi
can you give us some information about your case, when you apply and which year was amendment tax year
how you pay to hmrc full or installments, or when you apply first by post or not.
plz give us full details.
many thanks

[CR001]

Just a quick update, my permission for JR has been approved. it was an oral hearing. my barrister used some of grounds to defend my case, however, the ground in cheif was "HMRC is an independant HM's orgnisation if they have accepted my amendments then why HO is interfering in it and saying applicant is dishonest etc". and judge accepted it and granted the permission.

and please before asking silly questions like what is JR , oral hearing read this one first
https://www.gov.uk/government/collectio ... structions

hi
can you give us some information about your case, when you apply and which year was amendment tax year
how you pay to hmrc full or installments, or when you apply first by post or not.
plz give us full details.
many thanks

This topic/thread was started by mk_engr. Suggest read through it from page 1

http://www.immigrationboards.com/indefi ... l#p1328612

[vsk]

Hi Mk_Engr,

Any updates on your JR hearing ?

[masterpeas]

@PDK2016
I know it is applicant responsibility to make sure all return accurately submitted but still I think accountant letter explaining this will add something. As nothing more to lose, you give try then with fresh app as you are not going backward from where you are now.

Hi Abc499, how would accountant admit missing filling for us? that will threaten their chartered accountant title, wont' it? I approached my accountant and he did not want to do anything but only late file any missed tax return. He said i can write a personal cover letter, thats all....

any other thoughts please? I am so lost in how to write a strong cover letter to explain why tax was not filled correctly initially. it seems 322(5) has put a lot of people in danger!!

GOD BLESS US ALL...

[SM03KUW]

Hi Seniors,

From your experience please suggest me future action.
I came in this country in 2007 on student visa, after that PSW and Tier 1 General till 21/05/2016.
I have applied for FLR (O) which is still under process and recently I had interview in which HO ask each and every question about tax amendment. I had tax amendments for year 2010-11 & 2012-13 which is updated in HMRC and I am paying by DD, I have also send updated tax document to HO after posting my postal application.

Now I am varying my FLR (O) to FLR (LR), is there any chance HO can reject variation?
And if HO gives rejection on FLR (O) based on deception (even through tax amendment was sent before posting application), can I still apply for FLR (LR), as a fresh application?

Thanks in advance.

[Casa]

If your ILR application is refused due to tax amendments any subsequent application under long residence will also fail.

[SM03KUW]

Thanks casa,

If I get rejection on SET (o), and if I apply for SET (LR), in that case what would be my working status.
Would I get right to appeal in case of rejection on SET (LR). Thanks

[ouflak1]

Thanks casa,

If I get rejection on SET (o), and if I apply for SET (LR), in that case what would be my working status.
Would I get right to appeal in case of rejection on SET (LR). Thanks

They are looking at tax issues for all applications, even non-Tier 1, non-ILR. If you were rejected for those reasons previously, it's hard to imagine you won't get the same result again.

[ez_1234]

Hi guys,

Quite surprised by the number of tax amendment cases while trawling through various topics and forum. I received a letter like so many others asking to fill up a questionnaire and inviting me to submit sa302 and tax year overview with audited/unaudited company accounts. Got this letter before few days.

My case - I was self employed during initial HSMP application. IT - Education consultant. 2010-2011.

Extension - Self-employed + Company director 2012-2013 with income from self-employed and dividends from company shown during my extension.

Amendment Issue is My tax year for company was from 1 Jan 2012 to 31 Dec 2012 but my visa 12 month income period was from 1 April 2012 - 31 March 2013 for extension. Because my regular accountant was not Acca approved I had to do my tax filing for visa from a different accountant. So everything in place for 1st March 2012 - till 31 December 2012. For some reason my company account was shown as dormant from 1st Jan 2013 to 31st March 2013 the period for which I had shown my income during my extension. So I had to amend figures for those three months.

My company was functional till I applied for ilr in may 2016 and again I have shown part of my income from that + Salary. While preparing documents for visa I just had a cursory check on old sa302 and found some discrepancy. Then back tracked and figured out where the issue really was. Immediately cancelled my peo and applied for by post in may2016 and in the meantime got the tax amended.

I couldn't believe my eyes from the posts I have seen on this forum where so many applications are rejected primarily due to oversight and genuine mistakes.

For me HMRC didn't provide updated sa302 although it has been 11 months since I updated the record and paid all the remaining tax etc. But I been in touch with them couple of days ago and presume they will send me revised returns.

Any advice on what could be done, if anything at all to ensure successful application is much appreciated.


Seen few posts by handle monty87, mk_engr and couple other who fought their cases in jr. any advice from these guys would be invaluable.

[strada]

Hi All,

Advice needed here.

My ILR was refused after 13months of waiting and interview . I need the gurus to advise me on the way forward.

The reasons given were
1) Accountant error on my cost of sales
2) Advertising cost on P/L
3) Tax amendment issue - I had amended the previous one and I currently have a DD payment to HMRC.

In light of the issues am confused as to the next step to take should I go for the AR or do a fresh application or apply under FLR (M) as am also married to a British citizen.

My accountant and Lawyer messed me up big time.

[tom.draper]

Hi All,

Advice needed here.

My ILR was refused after 13months of waiting and interview . I need the gurus to advise me on the way forward.

The reasons given were
1) Accountant error on my cost of sales
2) Advertising cost on P/L
3) Tax amendment issue - I had amended the previous one and I currently have a DD payment to HMRC.

In light of the issues am confused as to the next step to take should I go for the AR or do a fresh application or apply under FLR (M) as am also married to a British citizen.

My accountant and Lawyer messed me up big time.

Sorry to hear that strada.

what's the exact clause home office gave for the refusal?

and what were the mistakes done by your accountant & solicitor.

your experience would be helpful for us.