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ILR/refusal/tax discrepancy/fresh app/add doc/tax amendment

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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keth001
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ILR/refusal/tax discrepancy/fresh app/add doc/tax amendment

Post by keth001 » Fri Aug 26, 2016 5:35 pm

Hello All,

Our (me & my wife) ILR got refused on 03rd May 2016. Reason was tax discrepancy being myself is the main applicant.

1. Visa Category: T1G
2. Application By Post/PEO: PEO Birmingham
3. Application Date:03/05/16
4. Reason For Refusal:Tax discrepancy
5. Fresh application submission Date: 23rd May 2016
6. Status: Pending

My T1G visa expired on 24th May 2016. Hence did not go to AR as it is a mistake on my tax 2012/13 and want to make the application before my leave expired.

I came to know about the tax discrepancy only on my refusal as I was believing that my accountant has done everything correctly; should have checked but did not. My bad.

I submitted the amended correct tax calculation by post on 6th May 2016. Got a reply from HMRC with the amended calculation on 12th August.

Sent that letter as additional documents on 17th August 2016 to HO which was received on 18th bu HO.

Requested HMRC to confirm in writing that this amendment will not show online in their system on 5th August and received that confirmation letter saying the same on 25th August.

Sent that confirmation to HO on 26th as additional document. Figures crossed and waiting for the decision.

My questions are:

1. Will my two sets of additional documents will be considered along with my fresh application?
2. Are there anyone in the same situation now or been before? or know about anyone whom had the situation and the outcome of the decision?

Please let me know so that I will have plenty of time to decide if the decision is a refusal, whether to go for AR or PAP or some other option available.

Thanking you all in advance.

paboluuk
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Re: ILR/refusal/tax discrepancy/fresh app/add doc/tax amendm

Post by paboluuk » Mon Aug 29, 2016 9:28 pm

Hi @keth001,
Were you self-employed or LTD company director during 2012-13 ?

Thanks

keth001
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Re: ILR/refusal/tax discrepancy/fresh app/add doc/tax amendm

Post by keth001 » Tue Aug 30, 2016 6:10 pm

paboluuk wrote:Hi @keth001,
Were you self-employed or LTD company director during 2012-13 ?

Thanks
Self employed and PAYE. on this recent application full time PAYE employment. Are/Were you on the same situation?

cyborg001
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Re: ILR/refusal/tax discrepancy/fresh app/add doc/tax amendm

Post by cyborg001 » Wed Aug 31, 2016 2:55 pm

For people like me who have only been on PAYE work do we need to declare any tax information or returns etc?

keth001
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Re: ILR/refusal/tax discrepancy/fresh app/add doc/tax amendm

Post by keth001 » Wed Aug 31, 2016 5:45 pm

From my point of view if you have declared any self employment during your stay in UK you better disclose it. But some others have better knowledge can comment on this.

paboluuk
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Re: ILR/refusal/tax discrepancy/fresh app/add doc/tax amendm

Post by paboluuk » Thu Sep 01, 2016 4:57 am

Hi keth001,
Thanks for the reply. Not exactly in same situation. I've sent docs to HMRC for amendment.

keth001
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Re: ILR/refusal/tax discrepancy/fresh app/add doc/tax amendm

Post by keth001 » Thu Sep 01, 2016 12:43 pm

paboluuk wrote:Hi keth001,
Thanks for the reply. Not exactly in same situation. I've sent docs to HMRC for amendment.
Have you applied for the ILR?

paboluuk
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Re: ILR/refusal/tax discrepancy/fresh app/add doc/tax amendm

Post by paboluuk » Fri Sep 09, 2016 5:16 am

hi keth001,
Yet to apply for ILR. But I'm worried what might be the outcome. Has anyone who got ILR after amending their a/c ?

Thanks,
Sudhakar

keth001
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Re: ILR/refusal/tax discrepancy/fresh app/add doc/tax amendm

Post by keth001 » Fri Sep 09, 2016 7:01 am

paboluuk wrote:hi keth001,
Yet to apply for ILR. But I'm worried what might be the outcome. Has anyone who got ILR after amending their a/c ?

Thanks,
Sudhakar
I did not see anyone posting that the got the ILR after the amendments

shiv_singh
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Re: ILR/refusal/tax discrepancy/fresh app/add doc/tax amendm

Post by shiv_singh » Sat Sep 17, 2016 7:15 pm

Hi Keth001

Can you please provide further details of the discrepancy in the amount declared to HO and the HMRC.... also what was the reason for the error on the accountant's part ?

keth001
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Re: ILR/refusal/tax discrepancy/fresh app/add doc/tax amendm

Post by keth001 » Mon Oct 10, 2016 5:12 pm

shiv_singh wrote:Hi Keth001

Can you please provide further details of the discrepancy in the amount declared to HO and the HMRC.... also what was the reason for the error on the accountant's part ?
the discrepancy was £1,000.00 and the reason was the accountant used someone else data to file my accounts

keth001
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Re: ILR/refusal/tax discrepancy/fresh app/add doc/tax amendment

Post by keth001 » Wed Mar 28, 2018 9:31 pm

Hi,

I am back, sorry for not updating all these days...

1. Visa Category: T1G
2. Application By Post/PEO: PEO Birmingham
3. 03/05/16 - Application Date
4. 03/05/16 - Refused. Reason For Refusal:Tax discrepancy - 2012/13 under 322(5)
5. 06/05/16 - Amended Tax
6. 23/05/16 - Fresh application submission Date
7. 24/05/16 - Visa Expired
8. 17/08/16 - Amended Tax Calculation sent to HO, letter and updated SA302
9. 26/08/16 - Sent the letter from HMRC saying that the amendments will not show online in their system as it was done after 2 years
10. 06/04/17 - Interview at VFS London
11. 18/04/17 - Sent my and my wife's other bank account statements and proof for the cash deposits. Cash deposits are from borrowing from friends for personal needs and Forex Trading. Provided letters from them with their PP copies and proof of addresses
12. 28/03/18 - still waiting for a decision

I am completing 10 years on 23rd June and can apply for 10 years visa on 28th May 18

Seniors Gurus please advise

1. Should I apply for FLRFP and vary my application to ILR(LR) to secure my working rights?

2. Should I wait until i get a decision?
a. If so and If I am refused before i complete 10 years if I then apply for FLRFP will I loose my working rights? and will I loose my continuity of stay?

3. If I apply for ILR(LR) if get refused will I be able to work? Will I get Appeal rights?

I am in a juncture to make a decision soon as i do not want to loose my working rights as I can not survive even for a month without income :(

Please guide me.

Thanks in advance

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Zimba
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Re: ILR/refusal/tax discrepancy/fresh app/add doc/tax amendment

Post by Zimba » Wed Mar 28, 2018 10:33 pm

You cannot apply for a new application as you have been an overstayer for more than 14 days. You need to wait to hear back or pursue JR. You do not have 10 lawful years to get SET(LR) anyway
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

keth001
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Re: ILR/refusal/tax discrepancy/fresh app/add doc/tax amendment

Post by keth001 » Wed Mar 28, 2018 10:47 pm

zimba88 wrote:
Wed Mar 28, 2018 10:33 pm
You cannot apply for a new application as you have been an overstayer for more than 14 days. You need to wait to hear back or pursue JR. You do not have 10 lawful years to get SET(LR) anyway
Hi Zimba,

Am i an over stayer? Did not understand. I applied a fresh application before my visa expires and still waiting for a decision.

+++
6. 23/05/16 - Fresh application submission Date
7. 24/05/16 - Visa Expired
++++

Kindly clarify as I am terrified now :(

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Zimba
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Re: ILR/refusal/tax discrepancy/fresh app/add doc/tax amendment

Post by Zimba » Wed Mar 28, 2018 11:05 pm

Oh sorry my mistake in not seeing your visa expiry date :oops: You should be able to vary to SET(LR) when eligible however the tax issue will lead to refusal even under long residence. At least under long residence you get the right to an appeal which is good but it would be lengthy process I am afraid. The good news for you is that you will be protected under section 3C all the way and you can keep working
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

keth001
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Re: ILR/refusal/tax discrepancy/fresh app/add doc/tax amendment

Post by keth001 » Wed Mar 28, 2018 11:13 pm

zimba88 wrote:
Wed Mar 28, 2018 11:05 pm
Oh sorry my mistake in not seeing your visa expiry date :oops: You should be able to vary to SET(LR) when eligible however the tax issue will lead to refusal even under long residence. At least under long residence you get right to an appeal which is good but it would be length process I am afraid. The good news for you is that you will be protected under section 3C all the way and you can keep working
Ohhh Thank you Zimba... bit relaxed. The thing I want to clarify is, If my current application is refused before I vary my application to ILR(LR), will I loose my working rights?

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Zimba
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Re: ILR/refusal/tax discrepancy/fresh app/add doc/tax amendment

Post by Zimba » Wed Mar 28, 2018 11:44 pm

Not until you have section 3C cover, which is either 14 days from your refusal or until AR is concluded.
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

keth001
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Re: ILR/refusal/tax discrepancy/fresh app/add doc/tax amendment

Post by keth001 » Thu Mar 29, 2018 12:19 am

zimba88 wrote:
Wed Mar 28, 2018 11:44 pm
Not until you have section 3C cover, which is either 14 days from your refusal or until AR is concluded.
Sorry but I am not getting it clear.

Let say I am getting a refusal tomorrow. I am applying for FLRFP within 14 days with the intention of varying it with ILR(LR) on May 28th. Will I have I have the working rights?

Sorry to be a pain, but please do clarify.

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Re: ILR/refusal/tax discrepancy/fresh app/add doc/tax amendment

Post by Zimba » Thu Mar 29, 2018 11:25 am

Let say I am getting a refusal tomorrow. I am applying for FLRFP within 14 days with the intention of varying it with ILR(LR) on May 28th. Will I have I have the working rights?
No as in that case your section 3C will end when you put in a new application and you become an overstayer. As I said before, you stick to AR and appeal instead of applying for new applications
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

Venkat999
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Re: ILR/refusal/tax discrepancy/fresh app/add doc/tax amendment

Post by Venkat999 » Fri Mar 30, 2018 12:13 am

zimba88 wrote:
Thu Mar 29, 2018 11:25 am
Let say I am getting a refusal tomorrow. I am applying for FLRFP within 14 days with the intention of varying it with ILR(LR) on May 28th. Will I have I have the working rights?
No as in that case your section 3C will end when you put in a new application and you become an overstayer. As I said before, you stick to AR and appeal instead of applying for new applications
Hi,
I have received a refusal letter for ILR(LR) today on basis of tax amendments, actually i made amendments for the corporation tax only not my self assessment but self assesment submitted late on may 2016 for 2010/11(i provided information in home office questionnaire why that has not filed on time ) , ilr application has been refused on basis of late personal tax returns and clearly mentioned in refusal letter that not able to give 15 points on current earning
my previous account said that to me i don't need any personal tax returns to HMRC in 2012 ( i have copy of email) any chances to win in AR or JR please

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