ILR Feb 2016(Tier 1 General route)

[gops1]

Hi folks,

I've my ILR in person appointment end of next week on 20th Feb 2016. While preparing my ILR file, I noticed an error in my 2010/11 tax return(understated income from my self-employment in 2010/11). I've immediately sent the amended tax return for 2010/11 along with tax payment proof in post to HMRC last week. I called HMRC this morning and I was been told that the amended return of 2010/11 are less priority for HMRC and so I will get the amended calculation sheet of 2010/11 sometime in April 2016. Now my worry is, what if HO asks my SA302 of 2010/11 as I got my initial Tier 1 General visa approved in March 2011. I was been advised that SA302 of last 5 years is not a mandatory requirement for ILR but looking at the other topics on this forum it appears that in recent cases HO is also requesting SA302 of the previous years and can use absence of SA302 as grounds for rejection. Can you pls advise on the below queries?-

1) Should I postpone my appointment from 20th feb to 12 March 2016 as my current visa is valid until 16 March 2016. This may give some time to HMRC to work on amended 2010/11 return.

2) Will HO reject my application due to missing SA302 of 2010/11 straight away or will put my application on hold while I can get amended calculation from HMRC? What is the standard timeframe HO gives to get additional/missing documents. I guess it's std 14 days generally but as said before HMRC told me that they won't be able to give me revised 2010/11 income calculations until April 2016 and neither can provide any letter confirming that they have received my amendment request. This means that 14 days timeline if given will not be enough to provide amended calculation to HO. Will HO understand that the delay is from HMRC and will give more time to provide amended 2010/11 calculation? (fyi- I have SA302 for rest years- 2011/12,12/13, 13/14, 14/15 years).

3) In unfortunate scenario of rejection, how many days of time does HO gives for appeal? If I apply on 20th feb and face rejection, will HO give me 14 days to appeal from the date of appointment? If I apply on 12th March and face rejection, will HO give 14 days time for appeal or not as my visa is expiring on 16 March 2016.

Your valuable advice will help me to decide whether to postpone my current PEO appointment date or to keep as it is i.e-20th Feb if SA302 of 2010/11 is not really a concern. Any advice will be much appreciated.

Thanks

[Tina0311]

SA302 is not part of the application. You dont have to submit that. It is only when they enquire that you need to provide.
To be in a safe side, if it is possible, send it by post on 12th March to buy more time. Don't send SA302. If HO asks to provide, it will be probably be around May, by that time HMRC might sort out the error.

[gops1]

Hi Tina0311, Many thanks for your kind advice. Much appreciated. I am more keen to go for same day in person appointment(don't want to go through postal as it sometimes takes too long by postal application and keeps us under pressure throughout the process:D ). Was just wondering, if there is any option where I can buy more time from HO(or from Jury once appeal is in place) by providing proof of when amendment document were sent to HMRC(e.g- proof of postage, tax paid payment confirmation, copy of amended tax return form which was submitted for amendment etc) and justification about the HMRC's delayed timelines to provide amended calculations.

Thanks

[ukuserilr]

To be on the safer side, go via post on 09/10th Mar 2016 so that you get more time simply.

[tfk123]

Hi Seniors,

My new accountant had discovered an error in my 2011/12 (£26,000 was declared instead of £36,000) return to HMRC and was amended in 2014. The tax balance due to HMRC (£2000 and £72 penalty ) on the amended return of £10,000 was paid and the £2072 amount has been showing on HMRC website since 2014 but the SA302 still shows £26,000 with less tax paid instead of the revised £36,000.

Will this affect my ILR application which is due next week ?

I will appreciate a quick help from you any forum members.

Thanks

Tfk123

[noajthan]

Hi Seniors,

My new accountant had discovered an error in my 2011/12 (£26,000 was declared instead of £36,000) return to HMRC and was amended in 2014. The tax balance due to HMRC (£2000 and £72 penalty ) on the amended return of £10,000 was paid and the £2072 amount has been showing on HMRC website since 2014 but the SA302 still shows £26,000 with less tax paid instead of the revised £36,000.

Will this affect my ILR application which is due next week ?

I will appreciate a quick help from you any forum members.

Thanks

Tfk123

May well be a problem.

Another member posting today had ILR refused
(apparently even with zero tax owing) due to some sort of mismatch or disconnect between HO & HMRC systems.

See http://www.immigrationboards.com/indefi ... 03107.html

[tfk123]

Hi noajthan,
Thanks for your response and sharing the link.
But,'i am just thinking that in my case the return was filed at the right time. Amend was only made later or what do you think .


Thanks

[Casa]

The Case Worker won't see that.

[tfk123]

Thanks Casa.
Luckily, few minutes ago while searching the house I was able to stumble and locate a Notice of Further Assessment letter ( dated March 2014) for 2011/12 from HMRC which shows the fully reassessed SA including the initial £26000 and the later £10000 ( all totalling £36000) plus the extra £2000 tax + £64 (penalty) due which has since been paid in 2014.
With this do you think everything is ok now and do I need to include the SA302's and the Letter with my application or not necessary. Then, If they demand for more information I can provide them.

Thanks,

Tfk123

[tfk123]

Hi Seniors,

Any senior able to help and comment on the below. Thanks for your usual help.

"Luckily, few minutes ago while searching the house I was able to stumble and locate a Notice of Further Assessment letter ( dated March 2014) for 2011/12 from HMRC which shows the fully reassessed SA including the initial £26000 and the later £10000 ( all totalling £36000) plus the extra £2000 tax + £64 (penalty) due which has since been paid in 2014.
With this do you think everything is ok now and do I need to include the SA302's and the Letter with my application or not necessary. Then, If they demand for more information I can provide them."

Regards,

[gops1]

SA302 is not part of the application. You dont have to submit that. It is only when they enquire that you need to provide.
To be in a safe side, if it is possible, send it by post on 12th March to buy more time. Don't send SA302. If HO asks to provide, it will be probably be around May, by that time HMRC might sort out the error.

I've decided to send my application by post as it seems to be more safer option. Can anyone advise if I can post my wife's application(PBS dependent-Tier 1 General) together will my ILR application (as that we normally do for in person same day appointment) or should her application be posted separately. Her current visa expiry date is same as mine i.e- 16th March 2016.

Thanks

[mulderpf]

Your wife's application will be on your form, so yes, it will go with yours.

[Rudev]

Tier 1 General visa, spouse and child our on dependent visa.
VIsa is valid till 25 April 2017.
Does the dependent child and spouse also need to in uk for 5 years to be eligible for ILR.
And out of uk for not more than 180 days?