ILR queries

gsr3072 · Post by **gsr3072** » Mon Feb 01, 2016 11:51 am

Hi All,

Main Applicant Details:
---------------------------
Visa Type: Tier1 General
First Entry into UK: 28-OCT-2010
Absence: (Away from UK): 11-APR-2013 to 05-JUL-2013 -> 84 days
My Visa Tier1 General visa valid till 02-Jun-2017

Spouse & My Son Details:
-----------------------------
1) visa type: Tier1 general Dependent
2) visa granted on: 01-AUG-2011.
3) Both Spouse & Son present in UK from: 22-SEP-2011 to 15-FEB-2012 [4 months, 3 weeks]
4) Both Spouse and & Son left to India on 16-FEB-2012
5) Their Tier 1 General Dependent visa was due to expire on 02-JUN-2012 (They are in India right now) but I have applied for their Tier1 General dependent visa on 28-Jan-2013 (a delay of around 7 months)
6) Both Spouse and Kid came back to UK again on 12-APR-2014 and they are staying in UK with me since then and they a vaild Tier1 general dependent visa valid until 02-Jun-2017.

Question:
-----------
Does my Spouse & Son can apply for ILR along with me in Feb 2016?

The total period spend by my son and Spouse in UK is more than 2 years ( 4 months, 3 weeks + 1 year 10 months)
Dose the delay (7 months) in extending their first dependent visa will create any issue? because I have no clue about the rule change to 5 year period at that time because their extension was due on 02 Jun 2012 and the new rule was placed on 12th July 2012?

Also if we look at the first page in UKBA how to settle in UK ( https://www.gov.uk/settle-in-the-uk/y/y ... neral-visa ) it doesn't say anything about the continuous leave of dependent visa, so I was always under the assumption that if the first dependent visa was done before 12th July 2012 then I am on 2 year route.

Thanks,
ILR Aspirent

CR001 · Post by **CR001** » Mon Feb 01, 2016 11:57 am

I have moved your post. It is rude and unfair to other posters if you tag your questions onto their topics/threads.

They are not eligible. They will have to wait till they have spent 5 years in the UK starting from April 2014.

gsr3072 · Post by **gsr3072** » Mon Feb 22, 2016 7:30 am

Thanks for your reply.

Will my son qualify for ILR based on the rule in 319J(e)(1v) as pasted below.

"(iv) One parent is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant, the other parent is lawfully present in the UK or being granted leave at the same time as the applicant, and the applicant was granted leave as the child of a Relevant Points Based System Migrant under the Rules in place before 9 July 2012."

as per this rule:
1) My wife and son received Tier1 dependent visa in Aug 2011 to 02-Jun-2012 which is before 9 July 2012.
2) Later Tier1 Dependent visa was extended on Jan 2013 for my wife and son (continuous leave break)
2) My son and wife got Tier1 dependent extension and I have received my Tier1 extension on Jun 2014.

The main thing I want to know is: "Does the continuous leave will be applicable for kid as well? or is it only for spouse?
Also, will my son qualify for ILR based on the rule in 319J(e)(1v) as pasted above?

Thanks,
ILR Aspirant

vinny · Post by **vinny** » Mon Feb 22, 2016 9:28 am

Perhaps, as 319J doesn't seem to have a continuous leave requirement as in 319E(d).

gsr3072 · Post by **gsr3072** » Mon Mar 21, 2016 4:34 pm

Hi,

My accountant says it is OK not to declare the personal tax for the year 2010-11 because it is only £5000 and it is below the the threshold. Hence there is blank in the employment history obtained from HMRC for the year 2010-11 and for rest of the years no problem.

My accountant also indicated that the £5000 pay information is included in the Self-Assessment filed for 2010/11 and also in the corporation tax filed for year 2011.

Also, My company formed in last week of Dec 2010 and it is only three months of duration between formation of my company (last week of Dec 2010) and the personal tax due date 06-APR-2011 and I have registered for my PAYE in June 2011.

I am planning to go for ILR on 30 Mar 2016.
1) Will it create any problem?
2) If the CW considers for 5 years of history then it will be from 30-MAR-2016 to 30-MAR-2011 so in that case will they still consider the tax information for 2010-11?
3) Meanwhile I am also planning to call HMRC (0300 200 3300) to find whether it is OK, not to declare personal tax if it is below threshold?
4) Also, I am planning to take a letter in writing from my accountant so that I can show that to CW incase if there is any problem

Thanks,
ILR Aspirant

Casa · Post by **Casa** » Mon Mar 21, 2016 4:39 pm

We have no tax specialists active on the forum able to give you advice and any advice given cannot be validated as correct. Moderators suggest that you search for a tax forum or seek other professional advice if you are unable to rely on your accountant.

Wanderer · Post by **Wanderer** » Mon Mar 21, 2016 5:44 pm

gsr3072 wrote:Hi,

My accountant says it is OK not to declare the personal tax for the year 2010-11 because it is only £5000 and it is below the the threshold. Hence there is blank in the employment history obtained from HMRC for the year 2010-11 and for rest of the years no problem.

My accountant also indicated that the £5000 pay information is included in the Self-Assessment filed for 2010/11 and also in the corporation tax filed for year 2011.

Also, My company formed in last week of Dec 2010 and it is only three months of duration between formation of my company (last week of Dec 2010) and the personal tax due date 06-APR-2011 and I have registered for my PAYE in June 2011.

I am planning to go for ILR on 30 Mar 2016.
1) Will it create any problem?
2) If the CW considers for 5 years of history then it will be from 30-MAR-2016 to 30-MAR-2011 so in that case will they still consider the tax information for 2010-11?
3) Meanwhile I am also planning to call HMRC (0300 200 3300) to find whether it is OK, not to declare personal tax if it is below threshold?
4) Also, I am planning to take a letter in writing from my accountant so that I can show that to CW incase if there is any problem

Thanks,
ILR Aspirant

OK I'll say it - did you deliberately over declare income for T1G purposes and then only paid tax on real income to HMRC?

Sorry to be blunt but no time for guessing games and don't blame anyone else please...

gsr3072 · Post by **gsr3072** » Mon Mar 21, 2016 8:02 pm

OK I'll say it - did you deliberately over declare income for T1G purposes and then only paid tax on real income to HMRC?

Sorry to be blunt but no time for guessing games and don't blame anyone else please...

@Wanderer
1) I have not over declared any income for T1G purposes at all. Year 2010-11(Jan, Feb, Mar since the company formation) has not been considered for any of my T1G extensions.

2) Since, £5000 is included as part of the self-assessment for 2010-11, it was considered under the appropriate tax bracket of that year. So, I have declared the exact income and I have not paid any tax because it is below the threshold for that year. So, there is no question of over declaration of income for T1G purposes and then only paid on real income.

Also, it has been declared while filing the company accounts (corp tax declaration) for the year 2011.

3) Also, I have changed the title of the question to "Personal income of £5000 not appeared in Emp History" because I have declared that income in Self-Assessment of the year 2010-11 which means if there is any tax incurred then I would have paid it.

4) Give me some time till I get back from the HMRC and from my accountant? Also, as Casa (moderator) suggested, I will take the advise from another accountant regarding this matter.

kanswam · Post by **kanswam** » Mon Mar 21, 2016 9:00 pm

@gsr3072
It looks like you have got the PAYE history from HMRC which includes all your income for past years. The £5000 will not appear in that statement because it has been filed under Self Assessment. You should request the SA302 for your past years from HMRC and I am certain the £5000 will show up in that.

I had the reverse happen to me with my employment (PAYE) details not showing up in my SA302.

Best wishes to you!

gsr3072 · Post by **gsr3072** » Tue Mar 29, 2016 5:59 am

Hi Gurus,

I am self-employed for past 5 years.
In my initial Tier1 extension:
1) I am a 50% share holder of the company
2) I shown an gross income of 48005.56 between 20-Apr-2011 to 18-Apr-2012
3) which consists of gross salary 6450 and
4) gross dividends 4155.56 (net dividend 37,400)
5) As per rules in place before Apr 2010, I get maximum earning points of 45 for earning above 40,000

In the self-Assessment period for 2011/12 the salary 6450 reflected correctly however the net dividends reflected incorrectly which is 31,200 instead of 37,400 with a difference of 6,200 and in SA 2012/13 it is zero.

I realized that by mistake I shown excess income of 6,200 to HO during my initial Tier1 extension and actually these dividends belongs to my wife who is also the other 50% share holder of the company and infact the amount 31,200 reflected in SA 2011/12 is correct.

Also, even reducing the net dividends by 6,200 I still get 45 points for earning so I am still above the threshold income which means I still qualify for the initial Tier1 extension.

Since it is the first year of my company formation, I have no good knowledge of the dividend distribution I just followed what my accountant said while providing accountant letter.

So, please help me how to proceed with this problem to apply for ILR? ( I have Tier1 visa till Jun 2017 )
1) Do I need to take amended letter from Accountant, Personal bank statements, pay slips, dividend vouchers (as if reapplying for Tier1 extension again) and proving that even with 6200 of less dividends I still have enough earning to qualify for my earlier Tier1 extension?

Thank you

Casa · Post by **Casa** » Tue Mar 29, 2016 6:45 am

Casa wrote:We have no tax specialists active on the forum able to give you advice and any advice given cannot be validated as correct. Moderators suggest that you search for a tax forum or seek other professional advice if you are unable to rely on your accountant.

argus7 · Post by **argus7** » Tue Mar 29, 2016 11:21 am

gsr3072 wrote:Hi Gurus,

I am self-employed for past 5 years.
In my initial Tier1 extension:
1) I am a 50% share holder of the company
2) I shown an gross income of 48005.56 between 20-Apr-2011 to 18-Apr-2012
3) which consists of gross salary 6450 and
4) gross dividends 4155.56 (net dividend 37,400)
5) As per rules in place before Apr 2010, I get maximum earning points of 45 for earning above 40,000

In the self-Assessment period for 2011/12 the salary 6450 reflected correctly however the net dividends reflected incorrectly which is 31,200 instead of 37,400 with a difference of 6,200 and in SA 2012/13 it is zero.

I realized that by mistake I shown excess income of 6,200 to HO during my initial Tier1 extension and actually these dividends belongs to my wife who is also the other 50% share holder of the company and infact the amount 31,200 reflected in SA 2011/12 is correct.

Also, even reducing the net dividends by 6,200 I still get 45 points for earning so I am still above the threshold income which means I still qualify for the initial Tier1 extension.

Since it is the first year of my company formation, I have no good knowledge of the dividend distribution I just followed what my accountant said while providing accountant letter.

So, please help me how to proceed with this problem to apply for ILR? ( I have Tier1 visa till Jun 2017 )
1) Do I need to take amended letter from Accountant, Personal bank statements, pay slips, dividend vouchers (as if reapplying for Tier1 extension again) and proving that even with 6200 of less dividends I still have enough earning to qualify for my earlier Tier1 extension?

Thank you

As I have been shouting on many tax discrepancy threads! I say again

Since you have time . Sort this out with HMRC as early as possible. Make sure your tax affairs are correct, HO will check against all your previous applications for earnings shown and declared to them. When in doubt they cross reference HMRC using open data protocols set by the govt.

Seek a professional firm.Understand the issue and correct it.

gsr3072 · Post by **gsr3072** » Tue Mar 29, 2016 12:05 pm

@argus7
I cannot change anything at HMRC because the declared amount of 31200 for SA1022/12 is correct as per my 50% shareholding, the problem is by mistake I have over declared 6200 net dividends (which I don't even need to get enough points) to HO during my initial Tier1 extension which actually belongs to the other share holder of my company.

Even after reducing my income by 6200 I still qualify for the initial Tier1 extension. So the only way is to tell the HO when I attend for ILR that the excess income of 6200 does not belongs to me and even then I still qualify.

So, how to prove it. What kind of documentation I need to take ?

Thank you

Pscloud · Post by **Pscloud** » Tue Mar 29, 2016 12:40 pm

gsr3072 wrote:@argus7
I cannot change anything at HMRC because the declared amount of 31200 for SA1022/12 is correct as per my 50% shareholding, the problem is by mistake I have over declared 6200 net dividends (which I don't even need to get enough points) to HO during my initial Tier1 extension which actually belongs to the other share holder of my company.

Even after reducing my income by 6200 I still qualify for the initial Tier1 extension. So the only way is to tell the HO when I attend for ILR that the excess income of 6200 does not belongs to me and even then I still qualify.

So, how to prove it. What kind of documentation I need to take ?

Thank you

So your SA is correct however records in HO are not. You dont need to confuse cw with all this information, just go on PSC and keep covering letter in hand if cw come back for this explanation hand him covering letter than. Submitting docs not related to current application is not wise.

gsr3072 · Post by **gsr3072** » Fri Apr 08, 2016 8:27 pm

Hi,

Could anybody provide the format of how to write the letter of explanation for business related absences?
I have absence of 82 days at a stretch and these are the only absences in 5 years period.
At this period, I was still employed with my own limited company and received pay for this period and I have payslips attested by my accountant as well.

Details:
I am on Tier1 General visa and completed 5 years period and all these five years I am the director of the limited company.

Thanks,
gsr3072

Malik44 · Post by **Malik44** » Fri Apr 08, 2016 8:47 pm

See the following link

http://www.immigrationboards.com/indefi ... 34260.html

gsr3072 · Post by **gsr3072** » Sat Apr 16, 2016 7:38 pm

Hi,

I have received my ILR on 06-April-2016, but my validity date on the BRP card is untill 31-DEC-2024 which is only around 8 years and 6 months and not for 10 years?

Do I need to call Home office and let them know that there was a mistake in the length of duration?

regards,
ILRAspirant

Casa · Post by **Casa** » Sat Apr 16, 2016 7:48 pm

No, as the date is correct. The 31 December 2024 validity date is due to a requirement by the EU to restrict BRPs which do not incorporate the next generation of encryption technology.
The HO advise that "any BRP rightfully held on 01 July 2024 that is restricted will be replaced free of charge, with the balance of the 10 year period initially expected being issued on a new BRP."

gsr3072 · Post by **gsr3072** » Sat Apr 16, 2016 8:16 pm

Thanks Casa for your quick reply!

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