Teir 1 ilr application on Hold by HO -- help

Hello,
I need advice on my Tier 1 Settlement application; I have applied to my ilr last month. And it’s been on hold due to my correct tax not paid for 2010-11 as it was spilt year my half tax was paid in the year 2009-10 and balance 24k was skipped by accountant rest year taxes are paid on time and paid as declared to HO.
I have received call from HO about my declaration of self-employed of 46K and 14500 from employment at time of first application for gaining the points, as explained above my 46K declaration was split and skipped by my old accountant. Now HO had holed my application for further investigation all my Class 2 NI is up to date.
Before my application I have chased my old accountant since September 2015 and he confirmed all my taxes are correct and SA302 is up to date.
After my application I revisited him again and asked him to look for my old files and later next day he called and said it his mistake that he skipped the balance declaration. I have now completed revised my tax for 2010-11 and sent the cheque to HMRC on 1st April 2016. Now my accountant is ready to accept his mistake by giving letter to HO about my tax not paid due to his mistake.
Just to let you know at time of my extension in 2014 I have submitted all my account and they have granted me the extension.
My worry is will they refuse my application and will I get chances to re-apply or appeal for me and my family.

Regards
Shri

Kindly refrain from posting copies of your question all over the forum.

Someone may be along shortly who may be able to advise.
Stand by.

Shri76 wrote:Hello,
I need advice on my Tier 1 Settlement application; I have applied to my ilr last month. And it’s been on hold due to my correct tax not paid for 2010-11 as it was spilt year my half tax was paid in the year 2009-10 and balance 24k was skipped by accountant rest year taxes are paid on time and paid as declared to HO.
I have received call from HO about my declaration of self-employed of 46K and 14500 from employment at time of first application for gaining the points, as explained above my 46K declaration was split and skipped by my old accountant. Now HO had holed my application for further investigation all my Class 2 NI is up to date.
Before my application I have chased my old accountant since September 2015 and he confirmed all my taxes are correct and SA302 is up to date.
After my application I revisited him again and asked him to look for my old files and later next day he called and said it his mistake that he skipped the balance declaration. I have now completed revised my tax for 2010-11 and sent the cheque to HMRC on 1st April 2016. Now my accountant is ready to accept his mistake by giving letter to HO about my tax not paid due to his mistake.
Just to let you know at time of my extension in 2014 I have submitted all my account and they have granted me the extension.
My worry is will they refuse my application and will I get chances to re-apply or appeal for me and my family.

Regards
Shri

Hi Shri, as long as your accounts and tax is clear then you do not need to worry. Your application is on hold may be HO requires some clarity on your account. So do not worry and submit everything and pay your taxes and then wait.

Thanks for quick reply, can some one let me know how long can it take. will they cross check my pervious clients from whom I have done jobs?

hi Shri76,

did you run your business on Self Employment capacity or Company capacity. As a chartered accountant, I am quite confused about your Accountant's statement.

normally your self assessment tax not exceeds 3000 and you have enough employment earnings it is possible to deduct it from your Tax Code.

just double check what exactly he has done, without proper understating don't make appeal or AR.

Shri76 wrote:Hello,
I need advice on my Tier 1 Settlement application; I have applied to my ilr last month. And it’s been on hold due to my correct tax not paid for 2010-11 as it was spilt year my half tax was paid in the year 2009-10 and balance 24k was skipped by accountant rest year taxes are paid on time and paid as declared to HO.
I have received call from HO about my declaration of self-employed of 46K and 14500 from employment at time of first application for gaining the points, as explained above my 46K declaration was split and skipped by my old accountant. Now HO had holed my application for further investigation all my Class 2 NI is up to date.
Before my application I have chased my old accountant since September 2015 and he confirmed all my taxes are correct and SA302 is up to date.
After my application I revisited him again and asked him to look for my old files and later next day he called and said it his mistake that he skipped the balance declaration. I have now completed revised my tax for 2010-11 and sent the cheque to HMRC on 1st April 2016. Now my accountant is ready to accept his mistake by giving letter to HO about my tax not paid due to his mistake.
Just to let you know at time of my extension in 2014 I have submitted all my account and they have granted me the extension.
My worry is will they refuse my application and will I get chances to re-apply or appeal for me and my family.

Regards
Shri

Shri couple questions and suggestions

1. Which PEO was it?
2. Did you fill the form and what have you declared in the form they gave you before submitting your application?

Suggestion

1. Apply for AR and submit that accountant letter admitting his mistake, also make a formal complain to ACCA about the accountant and financial ombudsman as well. Submit all the copies of complaint with your AR.

The chances to win AR in your case are 50/50 so be positive.

Regards

Hello nethu82,
Thanks for advice, let me explain you what happened when I first applied I declared HO 46K in tax year 2009-10 under 80 point based system I was refused and I had valid visa to stay until oct. 2010 then I re-applied in oct-2010 on 75 PBS by the time I got my Teir-1 based it was April. And my accountant had created two excel sheet which was split between 2009-10 and 2010-11 based on PBS at time. when I visited him in August 2011 he told me tax return is been file for 2009-10 22K and rest we will file in Oct 2011.
Then I approached him in Nov for my tax then he said to pay advance tax which I did and he said rest he had check past tax are fine not to worry now we need to pay £500 for tax year 2011, which I did pay to HMRC. in which I was not convinced about my tax but I was constantly asked him he said everything is fine. he did even bother to give me all my old tax file created on Excel. Later I decided to change the accountant at time of Extension I changed it got my extension done on same day.
Now at time of ILR premium service the caseworker revealed this short fall od 24K in tax year 201-11. he said you declared 46k at first application to gain the points for earning. which doesn't match with SA302 for same year he said if combine 2009-10 as well it doesn't come to that declaration.

They need to check were things has gone wrong and they will get back to me soon, after that I re visited my old accountant with my consultant and then he check old file in to he old external drive and the accepts his mistake that he was confused with 2 different accounts for me. now he is ready write letter to HO about his mistake and would like to come in personal to witness this mistake.
Anyway I have re-filed my tax for year 2010-11 for 26k and send the cheq to HMRC with covering letter on 01/04/2016.

I hope you can put some of your experience thought on it about what will happen next.

looking forward to your reply.

Regards
shri

Hello
I have been to Sheffield PEO
My consultant filled my form and he was the one who was pushing me to see accountant as he said tax on my account is not correct in month of Sept.2015.

I shall draft my complaint as suggested to relevant department and shall send it to them if I get AR after my decision is made. But shall submit those letter at time AR.

Regards
Shri

Hi Shri
It is no point of blaming to accountant that he has not submitted correct tax return. By the way accountant admitted that he has done some mistake and it would be somewhat helpful.

What is your income claim period? If it is not exactly same as tax year then SA302 show different figure.

So it is better get experience accountant's help who having some knowledge about tier 1 visa.

They he can help to comply your dividends with income disclosed to HMRC under self tax.