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ILR TAX AMMENDMENT WITHIN TIME ALLOWED BY HMRC

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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sidsays
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ILR TAX AMMENDMENT WITHIN TIME ALLOWED BY HMRC

Post by sidsays » Thu Sep 21, 2017 8:45 pm

Hi Guys,

I need your help. I had applied for ILR based on Tier 1, 5 year completion.

My first extension was based on employed + self employed.

I made mistake during self assessment filing which I corrected within the 12 months deadline for correction provided by HMRC.

After amendment I applied for my second extension. Which was successfull.

Later I applied for ILR, now ukvi has refused sighting my old amendment as 322(5).

Can senior guys pls help and provide some guidance.

This is unfair I made the correction as soon as possible within hmrc deadline long before settlement application even before my second extension.

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Re: ILR TAX AMMENDMENT WITHIN TIME ALLOWED BY HMRC

Post by CR001 » Thu Sep 21, 2017 8:49 pm

Was your income for the extension inflated to get the points and meet the requirement for the extension?

Was the 'amendment' done to 'reduce your tax liability'?

What is the self employment amount you claimed for extension and what is the amount of the amendment or difference of income decleared to HMRC?
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

sidsays
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Re: ILR TAX AMMENDMENT WITHIN TIME ALLOWED BY HMRC

Post by sidsays » Thu Sep 21, 2017 9:03 pm

CR001 wrote:
Thu Sep 21, 2017 8:49 pm
Was your income for the extension inflated to get the points and meet the requirement for the extension?

Was the 'amendment' done to 'reduce your tax liability'?

What is the self employment amount you claimed for extension and what is the amount of the amendment or difference of income decleared to HMRC?
Hi CR001,

I don't know what you mean by inflating income. I claimed what I earned provided bank statement and invoice

The ammendment was done to report correct figures which is same as reported ukvi.

I Claimed 15 k, and by miscalculation as the earning were spread across two tax years got reduced to 7k , but correct it within deadline to 15k.

This was way even before second extension.

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Re: ILR TAX AMMENDMENT WITHIN TIME ALLOWED BY HMRC

Post by Zimba » Thu Sep 21, 2017 10:59 pm

You seem to have bumped several threads from months ago on this sub forum. Stick to this topic with your question or you will be banned :!:
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

sidsays
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Re: ILR TAX AMMENDMENT WITHIN TIME ALLOWED BY HMRC

Post by sidsays » Thu Sep 21, 2017 11:07 pm

Hi Zimba,

I am not a spammer, I am just trying to get help by asking people in similar situation.

Thanks

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Re: ILR TAX AMMENDMENT WITHIN TIME ALLOWED BY HMRC

Post by Zimba » Fri Sep 22, 2017 12:33 am

sidsays wrote:
Thu Sep 21, 2017 11:07 pm
Hi Zimba,

I am not a spammer, I am just trying to get help by asking people in similar situation.

Thanks
Those people who were in your situation have not visited the forum for many months (click on their username to see last logins), therefore it is highly unlikely that you can get help from them. It is important to avoid tagging your questions in every similar topic just because you need help
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

sidsays
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Re: ILR TAX AMMENDMENT WITHIN TIME ALLOWED BY HMRC

Post by sidsays » Fri Sep 22, 2017 2:07 am

Hi zimba,

Thanks for your comment. Is it possible for me to sent a Personal message to them.


Thanks

sidsays
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Re: ILR TAX AMMENDMENT WITHIN TIME ALLOWED BY HMRC

Post by sidsays » Fri Sep 22, 2017 5:24 am

sidsays wrote:
Thu Sep 21, 2017 8:45 pm
Hi Guys,

I need your help. I had applied for ILR based on Tier 1, 5 year completion.

My first extension was based on employed + self employed.

I made mistake during self assessment filing which I corrected within the 12 months deadline for correction provided by HMRC.

After amendment I applied for my second extension. Which was successfull.

Later I applied for ILR, now ukvi has refused sighting my old amendment as 322(5).

Can senior guys pls help and provide some guidance.

This is unfair I made the correction as soon as possible within hmrc deadline long before settlement application even before my second extension.
Hello seniors pls could somebody help.

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Casa
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Re: ILR TAX AMMENDMENT WITHIN TIME ALLOWED BY HMRC

Post by Casa » Fri Sep 22, 2017 7:09 am

sidsays wrote:
Fri Sep 22, 2017 2:07 am
Hi zimba,

Thanks for your comment. Is it possible for me to sent a Personal message to them.


Thanks
Members only have the privilege of the PM facility after they have contributed 30 posts on the forum.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: ILR TAX AMMENDMENT WITHIN TIME ALLOWED BY HMRC

Post by monty87 » Fri Sep 22, 2017 7:18 am

@sidsays

Sorry to hear about your refusal. Its a very harsh refusal by HO if you amended your tax returns over 3 years ago.

What was the reason for amendement and on what grounds HO refused you in relation to 322(5)?

sidsays
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Re: ILR TAX AMMENDMENT WITHIN TIME ALLOWED BY HMRC

Post by sidsays » Fri Sep 22, 2017 7:32 am

Good morning Mont,

The letter says that "you misrepresented your earnings to reduce your tax liability" reflects poorly on your character.

Whereas I made sure I have correct tax reported within hmrc correction deadline of 12 months for 2013 tax year.

If I wanted to reduce I would have kept wrong.

When I have corrected within allowed time , why are they referring to old sa302, which becomes invalid.

I dont know how to deal with this can you guys help.

monty87
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Re: ILR TAX AMMENDMENT WITHIN TIME ALLOWED BY HMRC

Post by monty87 » Fri Sep 22, 2017 7:43 am

Yes, you are right. You corrected it far before your ILR. Did you provide explanation for this amendment in your application?

I am afraid, your only option is JR. You can apply again within permitted timeframe and addressing your character shortcomings with documentary evidence explaining errors. 2nd application will take time in post unless you go for peo and you possibly cant work if your visa has run out. Its very likely that HO will refuse 2nd application again.

I think you should go for JR as you amended it within permitted hmrc timeframe and well before ILR.It is the HO case that they are relying on old figures by HMRC.

sidsays
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Re: ILR TAX AMMENDMENT WITHIN TIME ALLOWED BY HMRC

Post by sidsays » Fri Sep 22, 2017 7:59 am

Hi Monty,

I submitted up-to-date sa302 with correct figures, when they send a questionnaire I have honestly mentioned that I did amendment, then they asked for post - pre details.
I have explained that it was miscalculation and oversight which I corrected on time with proof.of tax payment.

Instead of referring to the correct sa302, they are referring to old and outdated sa302.

I was honest to them and hmrc.

I have leave till feb 2018.

How about AR ?

monty87
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Re: ILR TAX AMMENDMENT WITHIN TIME ALLOWED BY HMRC

Post by monty87 » Fri Sep 22, 2017 8:18 am

Go for AR>PAP>JR

2nd application will not help in this case as you have already explained errors pertaining to your amendments. In your AR, Explain the errors caseworker made by relying on old income which was rectified over 3 years ago, revised sa302s invalidate old incomes, No attempt to avoid tax liability as you corrected errors long before ilr, cw has not considered material facts of application etc.

JR takes average 3 months to get Upper Tribunal determination on papers and further 2 months on oral hearing for permission if paper permission is refused. I think, looking at your case you can fight this as you have not failed to disclose anything and corrected it well before ILR. Even if you corrected it out of time, you can still argue this as stated in legal framework of self assessment.

Section 9ZA of HMRC SALF204 Regulations states:

'Where an error is discovered after the time limit for a correction, or an amendment, has passed, action may nonetheless be taken to correct it. Where the error has resulted in an underpayment of tax it may be open to HMRC either to commence an enquiry, or make a discovery assessment, depending on when the error is discovered. Where taxpayers become aware of an underpayment after the expiry of the time limit for amendments, they should notify HMRC so that corrective action may be taken accordingly.'

sidsays
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Re: ILR TAX AMMENDMENT WITHIN TIME ALLOWED BY HMRC

Post by sidsays » Fri Sep 22, 2017 10:11 am

Thanks Monty valuable points, Do you know any good solicitor.

I don't know how we can share the details. Can you PM, I hope admins give me waiver as I am in emergency situation

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Re: ILR TAX AMMENDMENT WITHIN TIME ALLOWED BY HMRC

Post by monty87 » Fri Sep 22, 2017 10:48 am

I don't mind sharing details but I think you need minimum 30 posts to send/recieve pm.

tom.draper
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Re: ILR TAX AMMENDMENT WITHIN TIME ALLOWED BY HMRC

Post by tom.draper » Fri Sep 22, 2017 10:48 am

Hi Sidsays,

Sorry to hear about your refusal.
When did you get the refusal letter?

Was your ILR application with full employment or self employment?

Could you please give timeline of your application.

Thank you.

sidsays
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Re: ILR TAX AMMENDMENT WITHIN TIME ALLOWED BY HMRC

Post by sidsays » Fri Sep 22, 2017 11:13 am

@tom

My ILR was based on Employed earnings.

I had appllied by post it took nearly a year for them to make decesion.

sidsays
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Re: ILR TAX AMMENDMENT WITHIN TIME ALLOWED BY HMRC

Post by sidsays » Thu Oct 12, 2017 2:52 pm

monty87 wrote:
Fri Sep 22, 2017 10:48 am
I don't mind sharing details but I think you need minimum 30 posts to send/recieve pm.
@monty87,

UKVI has refused my AR could you please help me with Grounds for JR.

Thanks in advance.

Sid

tom.draper
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Re: ILR TAX AMMENDMENT WITHIN TIME ALLOWED BY HMRC

Post by tom.draper » Thu Oct 12, 2017 3:49 pm

sorry to head that. this is so unfair.

When did you apply for AR? how long did they take to give AR decision?

sidsays
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Re: ILR TAX AMMENDMENT WITHIN TIME ALLOWED BY HMRC

Post by sidsays » Fri Oct 13, 2017 8:11 am

tom.draper wrote:
Thu Oct 12, 2017 3:49 pm
sorry to head that. this is so unfair.

When did you apply for AR? how long did they take to give AR decision?
@tom

Around 21 days. What are your case details ? did you apply for JR ?

tom.draper
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Re: ILR TAX AMMENDMENT WITHIN TIME ALLOWED BY HMRC

Post by tom.draper » Fri Oct 13, 2017 9:44 am

My case is similar to your case. applied for AR. no hopes though!

already waited for 18 months for this result.

though I know I have good grounds in JR for approval. not sure I can wait for another 1 year for JR.

sidsays
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Re: ILR TAX AMMENDMENT WITHIN TIME ALLOWED BY HMRC

Post by sidsays » Fri Oct 13, 2017 2:11 pm

tom.draper wrote:
Fri Oct 13, 2017 9:44 am
My case is similar to your case. applied for AR. no hopes though!

already waited for 18 months for this result.

though I know I have good grounds in JR for approval. not sure I can wait for another 1 year for JR.
Wondering if you can share your case details and circumstances so that i can understand and help each other ?

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Re: ILR TAX AMMENDMENT WITHIN TIME ALLOWED BY HMRC

Post by CR001 » Fri Oct 13, 2017 2:18 pm

sidsays wrote:
Fri Oct 13, 2017 2:11 pm
tom.draper wrote:
Fri Oct 13, 2017 9:44 am
My case is similar to your case. applied for AR. no hopes though!

already waited for 18 months for this result.

though I know I have good grounds in JR for approval. not sure I can wait for another 1 year for JR.
Wondering if you can share your case details and circumstances so that i can understand and help each other ?
Users post on his refusal here (click)
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

sidsays
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Posts: 34
Joined: Thu Sep 21, 2017 8:31 pm
Brazil

Re: ILR TAX AMMENDMENT WITHIN TIME ALLOWED BY HMRC

Post by sidsays » Fri Oct 13, 2017 2:55 pm

CR001 wrote:
Fri Oct 13, 2017 2:18 pm
sidsays wrote:
Fri Oct 13, 2017 2:11 pm
tom.draper wrote:
Fri Oct 13, 2017 9:44 am
My case is similar to your case. applied for AR. no hopes though!

already waited for 18 months for this result.

though I know I have good grounds in JR for approval. not sure I can wait for another 1 year for JR.
Wondering if you can share your case details and circumstances so that i can understand and help each other ?
Users post on his refusal here (click)
@tom

Thanks for the link, it helped me understand your circumstances.

What arr your grounds for JR ?

Syed

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