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ILR Refused 322(5). Suggested for Admin review

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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krrish_Raj
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ILR Refused 322(5). Suggested for Admin review

Post by krrish_Raj » Wed Dec 09, 2015 2:31 pm

Hi,
I had applied for ILR - PEO Croydon on Oct-30th. Kept on hold on the same day and then when i contacted my accountant he said that all the taxes are up to date and SELF assessment aren't submitted (SA302). Then we immediately submitted(8th Nov updated in HMRC with updated figures) SA302 forms for past 4 years. Got a refusal decision by recorded post from HO on 6th Nov. In that they had mentioned that the income that i had shown at the tmie of extension and the income that i delcared to HMRC aren't matching. So they had refuesd and asked me to apply or Admin review. Now that we have all the udpated figures with HMRC.
How to proceed further with Admin review? What likely to be in admin review? Will the decision be in favour to me. All the company tax returns,corporation tax and VAT every thing are up todate never missed any payments, Paid enough Tax all the time. Please advise me further.

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Re: ILR REfused. Suggested for Admin review

Post by tuntuna » Wed Dec 09, 2015 2:36 pm

did they impose deception on refusal?

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Re: ILR REfused. Suggested for Admin review

Post by krrish_Raj » Wed Dec 09, 2015 2:42 pm

Yes some sort of such terminlogy is there stating some clauses 245CD and 322(5)

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Re: ILR REfused. Suggested for Admin review

Post by tuntuna » Wed Dec 09, 2015 3:01 pm

krrish_Raj wrote:Yes some sort of such terminlogy is there stating some clauses 245CD and 322(5)
unfortunately they will refuse again because they caught you and then you amend your returns if this was done before the application you may easily be granted ILR

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Re: ILR REfused. Suggested for Admin review

Post by krrish_Raj » Wed Dec 09, 2015 3:03 pm

In that case can i make fresh applicaiton again as i have visa valid until Jan 31st

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Re: ILR REfused. Suggested for Admin review

Post by tuntuna » Wed Dec 09, 2015 3:10 pm

krrish_Raj wrote:In that case can i make fresh applicaiton again as i have visa valid until Jan 31st
well you better hire a good lawyer/ barrister this time and put fresh application.

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Re: ILR REfused. Suggested for Admin review

Post by CR001 » Wed Dec 09, 2015 3:15 pm

krrish_Raj wrote:In that case can i make fresh applicaiton again as i have visa valid until Jan 31st
The refusal and the reasons for refusal will be on their system. What was the exact wording of the refusal letter (taking out personal details).
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Re: ILR REfused. Suggested for Admin review

Post by krrish_Raj » Wed Dec 09, 2015 4:45 pm

in simple terms the wording is as below in refusal letter.
Your earning claim to Ho to what u declared to HMRC differ significantly doesnt demonstarte consistency. IN view of that the secretary of state is satisfied that you made false representation. therefore, your presence in UK is not conductive and then the mentioned caluses.......

Such a way they had written in letter. But in a way that's not correct as the records aren't updated in HMRC. now taht they had all pdated figures in HMRC and before that as well HMRC has a record of actual correct figures in companny tax returns. only that SA302 isn't submitted at that time of applicaiton that hasnt been updated in the records.

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Re: ILR REfused. Suggested for Admin review

Post by bluecandi » Wed Dec 09, 2015 4:59 pm

krrish_Raj wrote:Hi,
I had applied for ILR - PEO Croydon on Oct-30th. Kept on hold on the same day and then when i contacted my accountant he said that all the taxes are up to date and SELF assessment aren't submitted (SA302). Then we immediately submitted(8th Nov updated in HMRC with updated figures) SA302 forms for past 4 years. Got a refusal decision by recorded post from HO on 6th Nov. In that they had mentioned that the income that i had shown at the tmie of extension and the income that i delcared to HMRC aren't matching. So they had refuesd and asked me to apply or Admin review. Now that we have all the udpated figures with HMRC.
How to proceed further with Admin review? What likely to be in admin review? Will the decision be in favour to me. All the company tax returns,corporation tax and VAT every thing are up todate never missed any payments, Paid enough Tax all the time. Please advise me further.

This doesnt make any sense. Taxes are upto date and self assessment not ??

Simple question :: Is your income declared to UKBA and HMRC same ?

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Re: ILR REfused. Suggested for Admin review

Post by krrish_Raj » Wed Dec 09, 2015 5:26 pm

Guess there was some wrong wording . SA 302 forms aren't submitted in time. Due to this HMRC hasn't had the updated figures .
amount declared to HO and the amount in the company tax returns are the same . Only mistake was with SA302 forms not submitting in time.

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Re: ILR REfused. Suggested for Admin review

Post by bluecandi » Wed Dec 09, 2015 5:42 pm

Which company ? Have you applied as Director of Limited company or Sole Trader?

You dont submit SA302 to HMRC ... unless you mean submit SA302 to UKBA.

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Re: ILR REfused. Suggested for Admin review

Post by krrish_Raj » Wed Dec 09, 2015 6:01 pm

Applied as a directory of limited company

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Re: ILR REfused. Suggested for Admin review

Post by raju4u » Wed Dec 09, 2015 10:44 pm

krrish_Raj wrote:Applied as a directory of limited company

Howmuch was the difference if you don't mind telling as in letter it mentions' inconsistency and significant difference' .

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Re: ILR REfused. Suggested for Admin review

Post by bluecandi » Thu Dec 10, 2015 12:01 am

krrish_Raj wrote:Applied as a directory of limited company
If your director of Limited Company then why you need to submit self assessment? You have submitted your company accounts.

I dont know why HMRC asking for your SA302 , unless there are pieces of information you havent shared with us yet.

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Re: ILR REfused. Suggested for Admin review

Post by Jas2013 » Thu Dec 10, 2015 9:48 am

krrish_Raj wrote:Applied as a directory of limited company
Hi Krrish,
Did you applied ILR on the basis of self employed (Limited Company Director) or Employment ?

Please share info.

Thanks,

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Re: ILR REfused. Suggested for Admin review

Post by muraxza » Thu Dec 10, 2015 10:10 am

If your director of Limited Company then why you need to submit self assessment? You have submitted your company accounts.

I dont know why HMRC asking for your SA302 , unless there are pieces of information you havent shared with us yet.[/quote]

Hi blucandi

it really important to submit self assessment even if you are the director of the company. because this submission shows your total income.
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krrish_Raj
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Re: ILR REfused. Suggested for Admin review

Post by krrish_Raj » Thu Dec 10, 2015 10:44 am

Hi,

No such intention of not disclosing any info as that might not fetch me any help/favour.
ok, I applied as director of limited company and the dividend figures aren't reflected with HMRC when HO enquired for that prticualar TAX years.They had just given my salary figures in the refusal letter.

My accountant states that as we havent submitted the SA302 forms to HMRC for those financial years, probably the dividend figures might not be reflecting. I had checked with HMRC and verified that now the declared earnings are exactly matching and requested HMRC to post those SA302 forms(they don't fax any more).Thinking of to apply for Admin review with those updated docs. Hope this clears for you to suggest

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Re: ILR REfused. Suggested for Admin review

Post by Jas2013 » Thu Dec 10, 2015 11:01 am

krrish_Raj wrote:Hi,

No such intention of not disclosing any info as that might not fetch me any help/favour.
ok, I applied as director of limited company and the dividend figures aren't reflected with HMRC when HO enquired for that prticualar TAX years.They had just given my salary figures in the refusal letter.

My accountant states that as we havent submitted the SA302 forms to HMRC for those financial years, probably the dividend figures might not be reflecting. I had checked with HMRC and verified that now the declared earnings are exactly matching and requested HMRC to post those SA302 forms(they don't fax any more).Thinking of to apply for Admin review with those updated docs. Hope this clears for you to suggest
Hi,
For which tax year you have these discrepancies ?
Did you claimed your ILR earning as self-employment ?

thanks,

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Re: ILR REfused. Suggested for Admin review

Post by muraxza » Thu Dec 10, 2015 11:22 am

krrish_Raj wrote:Hi,

No such intention of not disclosing any info as that might not fetch me any help/favour.
ok, I applied as director of limited company and the dividend figures aren't reflected with HMRC when HO enquired for that prticualar TAX years.They had just given my salary figures in the refusal letter.

My accountant states that as we havent submitted the SA302 forms to HMRC for those financial years, probably the dividend figures might not be reflecting. I had checked with HMRC and verified that now the declared earnings are exactly matching and requested HMRC to post those SA302 forms(they don't fax any more).Thinking of to apply for Admin review with those updated docs. Hope this clears for you to suggest
Hi Krish

Did this SA submission created your any personal tax liability?
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krrish_Raj
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Re: ILR REfused. Suggested for Admin review

Post by krrish_Raj » Thu Dec 10, 2015 11:23 am

Discrepency for the Tax year 12-13. ( applied for my Tier-1 extension then). and all my earnings declared are by my limited company. their main concerns was with the earnings declared at the time of first extension.

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Re: ILR REfused. Suggested for Admin review

Post by muraxza » Thu Dec 10, 2015 11:28 am

krrish_Raj wrote:Discrepency for the Tax year 12-13. ( applied for my Tier-1 extension then). and all my earnings declared are by my limited company. their main concerns was with the earnings declared at the time of first extension.
so I believe your this 12/13 submission may not have create any personal tax liability when submitting SA because the dividend you had drawn from the company were already a net after tax deduction at source am I right?
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krrish_Raj
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Re: ILR REfused. Suggested for Admin review

Post by krrish_Raj » Thu Dec 10, 2015 11:29 am

when i looged in my HMRC account it says you have nothinbg to pay.

But there's some amount which is mentioned for this which i have to pay in Jan 2016. other than that there's nothing there like i have to pay any tax

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Re: ILR REfused. Suggested for Admin review

Post by aliq09 » Fri Dec 11, 2015 4:16 pm

for krrish_Raj:::

Your post is confusing so i will try to explain a little bit and in return please answer the question . it will help you as well as board members

Q1. What was the income declared to HO during extension just put £10,000 for example ?

Q2. What part of above income ( Gross ) for instance , is Salary part and what part is Dividend ?

Q3. There are now 2 parts on which you have to pay tax to HMRC , CTax and Self assessment . Please tell where your problem lies ?

Q4. Finally what figures went to HMRC . Ok! 2 figures goes to HMRC while speaking in general , Ctax and self assessment ( which will become SA302 for your reference and clearly shows you yearly salary part plus dividend part and your whole salary . This part should match or greater than what you show to HO . Say if your SA302 for that year is £ 10000 , you are green , if it's 10020 good but if it's £2000 you are my friend in big trouble ) .
Are these figures are less than to what you show to HO . While keeping above example i am thinking you paid tax on £ 2000 or nothing .

Impact : In worst case they will put you on next plane . Please arrange a good solicitor
Thanks

Ali

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Re: ILR REfused. Suggested for Admin review

Post by krrish_Raj » Sat Dec 12, 2015 8:11 pm

Hi
Any idea on how it will be the Admin review process?
What are the time lines for reply?
Once we submit all the details in the link that they had provided for applying admin review in online, how long will they take to respond? Will they ask us to submit any additional papers as there's no provision to attach docs whole initially applying via link for admin review

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Re: ILR REfused. Suggested for Admin review

Post by krrish_Raj » Sat Dec 12, 2015 8:33 pm

Hi aliq,
Sry, didn't checked ur message. Please find my reply as per your questions
1) income declared was 35k(ex). Some part of this income was from permenant employment and some part was from my lomited company as I started contracting from mid of that year.
2) ex: 15 k was gross income and rest amount would be dividends. That dividends aren't reflected in HMRC as SA302 isn't submitted. The same with rest two years.
3) problem is with self assessment.
4) only income figures as per P 60 went to HMRC. But not dividend figures.

Now that I have all the SA302 forms submitted and updated with HMRC as well, the figures will match exactly and there's no tax liability before and after latest submissions. More these figures are in company returns as well which have been submitted to HMRC time to time.
Hope you got some clue on my case. Would be great if you can PM your contact details. Will better explain if you aren't clear from the above explanation.

Thanks

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