ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Tax settlement with HMRC and settle status

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Locked
Ladylondon
Newly Registered
Posts: 2
Joined: Wed Jul 04, 2018 12:15 pm
Germany

Tax settlement with HMRC and settle status

Post by Ladylondon » Wed Jul 04, 2018 12:28 pm

Hi,
I’m European and already have a permanent residency card that I will need to exchange for settled status soon.
I’m worried with my tax affairs. I used some umbrella companies HMRc considers as tax avoidance and I’m now talking to HMRC to reach a settlement and pay what I owe.
I read a lot about the Home Office using the section 322.5 to refuse visas and ask people to leave the country.
Should I delay the settlement and ask for settled status or even citizenship ASAP ?
Any advices appreciated !
Thank you

User avatar
alterhase58
Moderator
Posts: 7599
Joined: Thu Aug 25, 2016 11:02 pm
Location: UK Bucks
Germany

Re: Tax settlement with HMRC and settle status

Post by alterhase58 » Wed Jul 04, 2018 12:46 pm

Recommend you finalise your settlement with HMRC whatever happens. The instances you are referring to relate to ILR under current UK regulations, as I understand it. Settled Status is not a visa. As you say you will just exchange your PR with the new status. Of course you can apply for citizenship now if you held PR for a year. Tax avoidance is not a crime.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

Ladylondon
Newly Registered
Posts: 2
Joined: Wed Jul 04, 2018 12:15 pm
Germany

Re: Tax settlement with HMRC and settle status

Post by Ladylondon » Wed Jul 04, 2018 1:27 pm

Thank you

Richard W
- thin ice -
Posts: 1947
Joined: Wed Oct 17, 2012 3:25 am
Location: Stevenage

Re: Tax settlement with HMRC and settle status

Post by Richard W » Thu Jul 05, 2018 7:30 am

alterhase58 wrote:
Wed Jul 04, 2018 12:46 pm
Settled Status is not a visa. Tax avoidance is not a crime.
I fear Ladylondon meant 'tax evasion', not 'tax avoidance'.

Settled status *will* be a form of (indefinite) leave to remain, so in principle rule 322 may be applicable. However, I think we can extrapolate from the agreement on criminality, especially if Ladylondon is an EU national. If the tax evasion would not justify excluding an EU national under the current free movement directive, then it will not be grounds to refuse settled status. The stricter provisions of the Immigration Rules on criminality only come into play after Brexit.

User avatar
alterhase58
Moderator
Posts: 7599
Joined: Thu Aug 25, 2016 11:02 pm
Location: UK Bucks
Germany

Re: Tax settlement with HMRC and settle status

Post by alterhase58 » Thu Jul 05, 2018 7:58 am

Richard W wrote:
Thu Jul 05, 2018 7:30 am
I fear Ladylondon meant 'tax evasion', not 'tax avoidance'.
OP has PR now which can be exchanged for "settled", well within the transition period.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

Richard W
- thin ice -
Posts: 1947
Joined: Wed Oct 17, 2012 3:25 am
Location: Stevenage

Re: Tax settlement with HMRC and settle status

Post by Richard W » Thu Jul 05, 2018 7:25 pm

alterhase58 wrote:
Thu Jul 05, 2018 7:58 am
Richard W wrote:
Thu Jul 05, 2018 7:30 am
I fear Ladylondon meant 'tax evasion', not 'tax avoidance'.
OP has PR now which can be exchanged for "settled", well within the transition period.
The EU Settlement Scheme will operate under the Immigration Rules. We may see the scope of Immigration Rule 322 modified to exclude the EU Settlement Scheme.

Locked
cron