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Tax issue with ILR application

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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sunitaM
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Tax issue with ILR application

Post by sunitaM » Sat Oct 12, 2019 4:20 pm

Hello

I had couple of questions in regards to ILR application:

1. I am in process of applying for ILR application. I am staying in UK via Tier 2 General VISA and I have been working for a single employer who sponsored for the VISA. My source of income is only one ie from my sponsor.

I was filing my tax return all this years and I was claiming refund of tax paid on PF deduction (which was deducted by my employer from my NET pay). HMRC returned my claims as well successfully which use to be around ~200£ per year (so total I would have claimed ~1000£ for all my years in UK).

Somewhere I read, while applying for ILR application, if we had made claims from HMRC, then they can reject ILR application. I am a bit worried about this. Could someone guide me please?

2. Fee for ILR application is ~2400£ and with 1 dependent's it get twice. If application gets rejected for some reason (like mentioned above tax issue), then all ILR application fee will be refunded? What should be done if application gets rejected and number of days left to stay in UK would less then 20 as VISA will expire. If we had to reapply, then do we have to repay the fee?

3. Is there a waiting period to get appointment for ILR? Like for Life in UK test, there was 2 weeks waiting period near my place.

4. Could someone please share sample format of the

a. "Letter from Employer" for ILR application. My Employer does not have a format.
b. "Declaration Letter" confirming consent for the Home Office to request verification checks.
c. "Reasons for Absence" from UK

Any inputs will be very helpful.

Thank you

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aman90
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Re: Tax issue with ILR application

Post by aman90 » Sat Oct 12, 2019 4:58 pm

sunitaM wrote:
Sat Oct 12, 2019 4:20 pm

Somewhere I read, while applying for ILR application, if we had made claims from HMRC, then they can reject ILR application. I am a bit worried about this. Could someone guide me please?

Thats incorrect. Unless you lied- claiming whats ur right is perfectly legal.

2. Fee for ILR application is ~2400£ and with 1 dependent's it get twice. If application gets rejected for some reason (like mentioned above tax issue), then all ILR application fee will be refunded? What should be done if application gets rejected and number of days left to stay in UK would less then 20 as VISA will expire. If we had to reapply, then do we have to repay the fee?

Fees are not refunded if refused. Cross that bridge when and if it comes.


3. Is there a waiting period to get appointment for ILR? Like for Life in UK test, there was 2 weeks waiting period near my place.

Its possible.

4. Could someone please share sample format of the

a. "Letter from Employer" for ILR application. My Employer does not have a format.
b. "Declaration Letter" confirming consent for the Home Office to request verification checks.
c. "Reasons for Absence" from UK

A template is available by a member as a sticky on the ILR forum page

Zerubbabel
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Re: Tax issue with ILR application

Post by Zerubbabel » Sat Oct 12, 2019 7:25 pm

You are supposed to pay the right amount of tax; no more, no less. It happens often that the employer doesn't apply the correct deductions and as result you pay too much tax. You can then claim back what has been paid in excess. You are not receiving a benefit, public funds, support or anything. It's just a refund of a money that shouldn't have been paid in first place.

So don't worry about this type of claim.

Fees for unsuccessful applications are not refunded. As it's a huge investment, make sure your applications are 100% correct to avoid rejection and money loss.

sunitaM
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Re: Tax issue with ILR application

Post by sunitaM » Mon Oct 14, 2019 10:48 am

Thank you @Zerubbabel and @aman90 for your guidance.

sunitaM
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Re: Tax issue with ILR application

Post by sunitaM » Mon Oct 14, 2019 11:01 am

Hello All, @aman90 and @Zerubbabel

Just had 2 more question.

1. My Tier 2 General visa start date was 11th Dec 2014, end date is 31st Dec 2019 and my entry date was 30th Dec 2014.

I think, I can apply (submit application online and pay fee) on 15th November 2019 (Visa Start Date: 11th Dec - 28 days). I have to apply for 2 dependents (wife and child) as well (their VISA dates, entry dates are same as mine).

Can I apply just my application on 15th November 2019 via premium service? If my application gets approved, then I can apply for my wife and child. Advantage of this is, if application gets rejected for some reason, than I would loose 2400£ + 900£ in place of fee for all 3 applicants? My wife don't work.

2. My plan is to get British Passport for my kids (1 born abroad and 1 born in UK) for their future studies, if they want to return. I want sure, if I get ILR and then BC by next year then they would be eligible to return anytime in the future for their studies, correct?

Kindly advise.

Thank you

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CULLINAN
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Re: Tax issue with ILR application

Post by CULLINAN » Mon Oct 14, 2019 3:21 pm

sunitaM wrote:
Mon Oct 14, 2019 11:01 am
Hello All, @aman90 and @Zerubbabel

Just had 2 more question.

1. My Tier 2 General visa start date was 11th Dec 2014, end date is 31st Dec 2019 and my entry date was 30th Dec 2014.

I think, I can apply (submit application online and pay fee) on 15th November 2019 (Visa Start Date: 11th Dec - 28 days). I have to apply for 2 dependents (wife and child) as well (their VISA dates, entry dates are same as mine).

Can I apply just my application on 15th November 2019 via premium service? If my application gets approved, then I can apply for my wife and child. Advantage of this is, if application gets rejected for some reason, than I would loose 2400£ + 900£ in place of fee for all 3 applicants? My wife don't work.

2. My plan is to get British Passport for my kids (1 born abroad and 1 born in UK) for their future studies, if they want to return. I want sure, if I get ILR and then BC by next year then they would be eligible to return anytime in the future for their studies, correct?

Kindly advise.

Thank you
1) Yes thats the best way to do it. You can go for super priority alone. Given, your dependents have valid visa and must apply before expiry. They can apply after you get ILR with super priority or standard service. Usually dependents get visa very quick even on standard service within a couple weeks.

Pay and submit: 11 Dec 2019 minus 28 days.
Love for All, Hatred for None.

sunitaM
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Re: Tax issue with ILR application

Post by sunitaM » Mon Oct 14, 2019 4:36 pm

CULLINAN wrote:
Mon Oct 14, 2019 3:21 pm
1) Yes thats the best way to do it. You can go for super priority alone. Given, your dependents have valid visa and must apply before expiry. They can apply after you get ILR with super priority or standard service. Usually dependents get visa very quick even on standard service within a couple weeks.

Pay and submit: 11 Dec 2019 minus 28 days.
Thank you for your reply. Initially I was applying via SET(O) including my dependents. Now, If I split application first for myself and then for my dependents, should I opt SET(M) for dependents or it will still be SET(O)?

My and my dependents VISA expiry date is 31st Dec 2019. So this implies, I have time starting from (11th Dec 2019 - 28 days = 15th Nov 2019) till 31st Dec 2019 to apply for ILR, correct? If decision comes in month of January, still it should be fine, right?

Kindly guide.

Thank you

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CULLINAN
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Re: Tax issue with ILR application

Post by CULLINAN » Mon Oct 14, 2019 4:56 pm

sunitaM wrote:
Mon Oct 14, 2019 4:36 pm
CULLINAN wrote:
Mon Oct 14, 2019 3:21 pm
1) Yes thats the best way to do it. You can go for super priority alone. Given, your dependents have valid visa and must apply before expiry. They can apply after you get ILR with super priority or standard service. Usually dependents get visa very quick even on standard service within a couple weeks.

Pay and submit: 11 Dec 2019 minus 28 days.
Thank you for your reply. Initially I was applying via SET(O) including my dependents. Now, If I split application first for myself and then for my dependents, should I opt SET(M) for dependents or it will still be SET(O)?

My and my dependents VISA expiry date is 31st Dec 2019. So this implies, I have time starting from (11th Dec 2019 - 28 days = 15th Nov 2019) till 31st Dec 2019 to apply for ILR, correct? If decision comes in month of January, still it should be fine, right?

Kindly guide.

Thank you
It will be SET(O) for yourself and dependents both regardless if you apply first or together.

You must apply for dependents before their visa expiry that is 31/12/2019.

If you go for super priority most likely you will get your ILR in 24 hours but there is no guarantee. You have good time around 1.5 months till your dependents expiry anyways if you apply alone on 15th November 2019. But in case there is a delay in your decision, you still must apply for your dependents before their visa expiry.

11th Dec 2019 minus 28 days is 13th November 2019. So you qualify then. But I would still give 1-2 days on top and apply on/after 15th November 2019 or anytime before 31/12/2019 that is your visa expiry. But obviously in this scenario you should take advantage and apply quicker in order to get a decision and then apply for dependents after.

Note: Do NOT make the mistake of applying on SET(M) for dependents.
Love for All, Hatred for None.

sunitaM
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Posts: 9
Joined: Tue Jul 09, 2019 8:51 am
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Re: Tax issue with ILR application

Post by sunitaM » Mon Oct 14, 2019 6:05 pm

CULLINAN wrote:
Mon Oct 14, 2019 4:56 pm
sunitaM wrote:
Mon Oct 14, 2019 4:36 pm
CULLINAN wrote:
Mon Oct 14, 2019 3:21 pm
1) Yes thats the best way to do it. You can go for super priority alone. Given, your dependents have valid visa and must apply before expiry. They can apply after you get ILR with super priority or standard service. Usually dependents get visa very quick even on standard service within a couple weeks.

Pay and submit: 11 Dec 2019 minus 28 days.
Thank you for your reply. Initially I was applying via SET(O) including my dependents. Now, If I split application first for myself and then for my dependents, should I opt SET(M) for dependents or it will still be SET(O)?

My and my dependents VISA expiry date is 31st Dec 2019. So this implies, I have time starting from (11th Dec 2019 - 28 days = 15th Nov 2019) till 31st Dec 2019 to apply for ILR, correct? If decision comes in month of January, still it should be fine, right?

Kindly guide.

Thank you
It will be SET(O) for yourself and dependents both regardless if you apply first or together.

You must apply for dependents before their visa expiry that is 31/12/2019.

If you go for super priority most likely you will get your ILR in 24 hours but there is no guarantee. You have good time around 1.5 months till your dependents expiry anyways if you apply alone on 15th November 2019. But in case there is a delay in your decision, you still must apply for your dependents before their visa expiry.

11th Dec 2019 minus 28 days is 13th November 2019. So you qualify then. But I would still give 1-2 days on top and apply on/after 15th November 2019 or anytime before 31/12/2019 that is your visa expiry. But obviously in this scenario you should take advantage and apply quicker in order to get a decision and then apply for dependents after.

Note: Do NOT make the mistake of applying on SET(M) for dependents.
That's really helpful. Thank you for guiding me.

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