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ILR application in 2 Days NEED HELP URGENT!!!

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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vegetagoku
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ILR application in 2 Days NEED HELP URGENT!!!

Post by vegetagoku » Mon May 16, 2016 12:50 am

Dear All Experts and members!!!

I need all your advice as I have ILR appointment in 2 days at the PEO. My case is as below-

I was granted initial Tier 1 (G) leave to remain in Jun 2011 (I switched from post study work). However for this leave my earnings were combination of employment and self employment. With employment I claimed 21420 with self employment I claimed 14150. However, I have realized today when I had asked HMRC to get the statement of my tax payment that my earnings were recorded as 14150 in self assessment but tax was paid on 13500 while 750 was declared as expenses to run business (this is all declared to the HMRC). My question is Could this impact my application.

Also after my initial tier 1 general I was in between employments for 6 months, then I have had continuous employments since then (since Sep 2011). For the Tier 1 extension I had earnings of 39k and I have earnings of 39 k for the ILR.

Please may you let me know if any of the above circumstances could impact my application.

Thank you.

vegetagoku
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Re: ILR application in 2 Days NEED HELP URGENT!!!

Post by vegetagoku » Mon May 16, 2016 10:05 am

Please can anyone help with the above query. Would be much appreciated!!!

Thanks.

nethu82
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Re: ILR application in 2 Days NEED HELP URGENT!!!

Post by nethu82 » Mon May 16, 2016 10:20 am

hi,

it has no impct on your case. becuase claiming expenses agaist profit it is total accetable. accounting profit and taxable profit is total different figures.

i beleive that your accoutnant has claimed capital allowance against the taxable profit.

in what capacity you run your bsuienss. Sole trader or company?

RRSB2012
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Joined: Sun Aug 05, 2012 12:38 pm

Re: ILR application in 2 Days NEED HELP URGENT!!!

Post by RRSB2012 » Mon May 16, 2016 10:25 am

Well here is how is read your situation:
So your actual income at Initial Tier 1 were £34,820 - This is the amount you declared your income to HMRC and paid tax on it. Which seems correct if you are saying that £750 was claimed as business expenses.

Income declared to UKBA (Now UKVI) was £35,570 - Thus overstatement of Income by £750.

Now the question is: How much income did you required to get the Initial Tier 1 Visa?

Reading the experiences of several other members, possibility of a UKVI questioning the income is High. However I would assume that impact on your taxes would be only around £300 (£750 X 40%) but again UKVI is getting a bit strict.

Bottomline, I am really sorry to say this but be ready for some challenges.

May be more experienced members can correct me if I am wrong.
Hope this helps
R

vegetagoku
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Re: ILR application in 2 Days NEED HELP URGENT!!!

Post by vegetagoku » Mon May 16, 2016 11:09 am

Hi All, Thank you for all the responses.

More info on my Case- Yes I was a sole trader and not limited company.

You are right, there is a £750 short now- for what I claimed and for what the tax was paid. I had to claim £35k for earnings, So I am bit worried. Also I am not sure how this 750 got into SA as I dont remember, coz it was back in 2010-11. All the taxes have been paid years ago. I am not sure what to do. Should I amend the tax stating hmrc that it was typo error.
Please advice.

tg2016
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Re: ILR application in 2 Days NEED HELP URGENT!!!

Post by tg2016 » Mon May 16, 2016 11:11 am

Hi,

can you tell us how much was the earnings band on which you claimed points?

If you showed £35000+ in your application and showed less than 35k to hmrc no matter how small the difference is between 35k you have failed to justify your claim of points for that band.

Not sure if you can do anything about it in 2 days as HMRC takes months to change their records. All you can do is apply by post and simultaneously get your tax record amended. Though as per recent applications this too doesn't gaurantee an approval.

tg2016
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Re: ILR application in 2 Days NEED HELP URGENT!!!

Post by tg2016 » Mon May 16, 2016 11:15 am

vegetagoku wrote:Hi All, Thank you for all the responses.

More info on my Case- Yes I was a sole trader and not limited company.

You are right, there is a £750 short now- for what I claimed and for what the tax was paid. I had to claim £35k for earnings, So I am bit worried. Also I am not sure how this 750 got into SA as I dont remember, coz it was back in 2010-11. All the taxes have been paid years ago. I am not sure what to do. Should I amend the tax stating hmrc that it was typo error.
Please advice.
Sorry to say but it is your mistake to be unaware of the amount of income declared. Your accountant would have clearly sent you a statement mentioning your earnings, expenses and tax to be paid on the income. Not sure how you can justify the whole tax calculation as a typo error.

Your best option might be to put the blame on accountant and rectify with HMRCD but then again the same blame game cannot work with UKVI.

All the best.

vegetagoku
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Re: ILR application in 2 Days NEED HELP URGENT!!!

Post by vegetagoku » Mon May 16, 2016 11:16 am

@ tg2016: thanks for the response, does that mean I am doomed for the rejection even though it was a small error. I am not sure if I can cancel the appointment as the lawyer is provided by my current employer.

tg2016
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Re: ILR application in 2 Days NEED HELP URGENT!!!

Post by tg2016 » Mon May 16, 2016 11:26 am

vegetagoku wrote:@ tg2016: thanks for the response, does that mean I am doomed for the rejection even though it was a small error. I am not sure if I can cancel the appointment as the lawyer is provided by my current employer.
Well your options are:

1) Attend the interview - But even the lawyer cannot help you regarding the discrepancy between HMRc and UKVI. But if you are lucky they may not check your initial application as you are salaried employee. BUT CHANCES OF THIS IS VERY VERY REMOTE.

2) Cancel the interview. Correct it with HMRC and post your application to UKVI just before your visa expires. Then pray that the correction happens before your case is dealt with. Secondly pray even more that the CW will not decline your application citing 322 (5) citing that you only corrected it for visa and you mislead a governm,ent agency.

If you have any other options then other gurus and moderators will definitely mention.

vegetagoku
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Re: ILR application in 2 Days NEED HELP URGENT!!!

Post by vegetagoku » Mon May 16, 2016 11:49 am

Dear All Gurus and experts,

Please let me know if there are any other options for me. As I really dont know what to do. Also, I was just on phone with hmrc and they mentioned that it is now too late for any amendments. So no amendments could be done but the only option I have now is that I can send them a letter stating the issue that I dont agree with £750 expenses.

Any advise??

Please help!!!

RRSB2012
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Re: ILR application in 2 Days NEED HELP URGENT!!!

Post by RRSB2012 » Mon May 16, 2016 12:17 pm

When does your current Visa expires?

vegetagoku
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Re: ILR application in 2 Days NEED HELP URGENT!!!

Post by vegetagoku » Mon May 16, 2016 12:23 pm

@RBS it expires on 10 June. However, I found a following statement from tier 1 policy guidance which may help me please see below, in a nutshell it says gross income before tax will be assessed for the self employed who draw salary from their business- Can I argue that I have withdrawn all of the gross payments made to me as salary? also all of the self employed earnings were credited to my personal bank. Can anyone have a look and let me know?

We will assess your earnings. If you are in salaried employment, (including a Director of a
company for example) we will assess your gross salary before tax. This also includes
self-employed applicants who draw a salary from their businesses. If you earned the
money in a country with no tax system, we will consider your total earnings for the period.

vegetagoku
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Re: ILR application in 2 Days NEED HELP URGENT!!!

Post by vegetagoku » Mon May 16, 2016 1:01 pm

Please may anyone review the above post and let me know if this can solve my problem!!!
I would very much appreciate your advice.

thank you,

RRSB2012
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Re: ILR application in 2 Days NEED HELP URGENT!!!

Post by RRSB2012 » Mon May 16, 2016 3:51 pm

Yes 'Gross Income Before Tax' means £13,500. It doesn't says 'Revenue' or Gross Sales or Gross income before expenses.
Now this £750 was your normal business operating expenses and not 'Tax'
So your Income statement will be something like this
Gross Income - £14,150
Less:Expenses - £(750)
Gross Profit Before Tax - £13,500
Tax: - £2,000 (assumed figure - I don't know how much you paid)
Net Profit - £ 11,500.

I don't want to paint a pessimist picture, but don't want to mis-guide you either. So I think that wont really work (I might be wrong, I hope I am). But worth a try.
Let Senior Members / Moderators comment on your situation. They might give you a better idea.
Cheers
R

vegetagoku
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Re: ILR application in 2 Days NEED HELP URGENT!!!

Post by vegetagoku » Mon May 16, 2016 4:10 pm

@RRSB thanks for all the response. It looks like then my application is going to be refused. What the heck, I have given it all-declared all true facts but if it isnt meant to then it wont. I will still give it a chance and see, whatever outcome. Better try and fail rather than fail to try.

Anyways thanks for all the guidance guys, I hope other ppl get their Visa OK.

tg2016
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Re: ILR application in 2 Days NEED HELP URGENT!!!

Post by tg2016 » Tue May 17, 2016 6:22 am

All the best mate.

Wish you get your approval. nevetheless kindly post your experience after your appointment.

screenprint
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Re: ILR application in 2 Days NEED HELP URGENT!!!

Post by screenprint » Tue May 17, 2016 10:29 am

Hi,

I don't thing it will matter much as declaring £700 less to HMRC is not going to give you much of a financial benefit. ( At-least you declare the income on time )

No Tricky Question's

1) Did you declare/submit the expense's to HMRC in SA ?
2) Does this expense occur after your ILR and if so how much time was left in that financial year after u have applied for your ILR ( Let say you applied your ILR in February but financial year end in March 31th)
3) Did you have a proof of these expense's ?

If the the above statement's apply to you than please Relax and don't worry as you have a very strong application.

HO catch people who have cheated the system and occasionally they can be nasty & tough, but your case look very strong, there for I will suggest you not to change single thing in your tax returns as it will look doggy and you have to justified some thing which is not true and frankly these days any amendment done prior to application raise eye brow with case worker/HO.

sunny_sunny
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Re: ILR application in 2 Days NEED HELP URGENT!!!

Post by sunny_sunny » Tue May 17, 2016 10:51 am

Good luck. Hope yours get approved.
There is difference in the amount you declared to HMRC and HO, but it don't appear the amount will cause rejection for deception. ( Hope the case worker takes it lightly)
The rejection appears to be for people who amend the tax returns for the previous years, knowingly paying less tax.

RRSB2012
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Re: ILR application in 2 Days NEED HELP URGENT!!!

Post by RRSB2012 » Tue May 17, 2016 11:44 am

Vegetagoku,

Best of luck Mate. Recently gone through ILR myself, I know how it feels and I can relate to you.
Hope all goes well.
Takecare
R

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