Overstayer+Worked illegally+HMRC tax appeal

[L_board]

Received my ILR today!! Thanks to everyone that helped me!

I was born in the UK (stayed for about 3 months I believe - have a British birth certificate), brought up outside the country (17 years).

Arrived in the UK in 2003 December on a visitor visa when I was 17 years. Mum made an application at that time that was deemed incomplete.
Overstayed my visa - big time . Oblivious to the rules etc...

Was studying and working at the time - doing A-Levels, and Uni. Met my wife (she's British) in college 2005 - got married in 2014. Have kids - all British. Own our home.

made an FLR FP application via solicitors 2015 (1st application Granted 11th Feb 2016).
Consequent in-time applications were made by me (4 x 2.5 year FLR FPs to cover the 10 year residency).

Today I received my ILR.
On to my questions:

• Will my overstaying and illegal working impact my application? Dec 2003 to 11th Feb 2016

• I have a HMRC tax appeal from 2019 - that's still being investigated by HMRC - I've been PAYE since 2020

• The LTD company I was working through was wound down(struck off by giving the appropriate notice etc...This was due to the IR35 rules)

I submitted a Naturalisation application today (in a moment of ILR joy) I have an appointment tomorrow to give my biometrics(£50) - BUT I'm getting cold feet.

The 10 year period from 1st grant 11th Feb 2016 is 11th Feb 2026. Do I wait till the 11th Feb to do my biometrics? Should I not go to my biometrics appointment tomorrow (unable to cancel it).

Thanks so much to all - CR001/our very own Zimba and everyone that's been keeping this forum very much alive.

[contorted_svy]

It's a bit late to ask now. The application date is what matters, so even if you waited until the 11 Feb it wouldn't matter. Overstaying is not a problem if there are no other good character concerns. Illegal working is more of an issue if it happened in the last 10 years. Did you write a cover letter to explain your character has changed, maybe explained your current good standing in the community?

What do you mean by these two items:

I have a HMRC tax appeal from 2019 - that's still being investigated by HMRC - I've been PAYE since 2020

The LTD company I was working through was wound down(struck off by giving the appropriate notice etc...This was due to the IR35 rules)

Did you declare bankruptcy? did you pay all the tax you owed?

[L_board]

It's a bit late to ask now. The application date is what matters, so even if you waited until the 11 Feb it wouldn't matter. Overstaying is not a problem if there are no other good character concerns. Illegal working is more of an issue if it happened in the last 10 years. Did you write a cover letter to explain your character has changed, maybe explained your current good standing in the community?

What do you mean by these two items:

I have a HMRC tax appeal from 2019 - that's still being investigated by HMRC - I've been PAYE since 2020.

There's something called disguised remuneration (loan charge) - was using a (who I thought was a legitimate) company at the time. But their tax was structured (essentially to pay less tax!) urgh, only If I know and are more aware of everything back then, like I am now. I was essentially a 'partner' and they'd divide profit at the end of the year. All my self-assessments done by the accountant declared the fact I'm part of the partnership etc...HMRC decided to change the rules and apply rules retrospectively, they raised an investigation in 2019. I filed an appeal stating all was declared/everything was paid up etc...still not heard a peep.

The LTD company I was working through was wound down(struck off by giving the appropriate notice etc...This was due to the IR35 rules)

Did you declare bankruptcy? did you pay all the tax you owed?
Absolutely - all taxes paid up. Nope - did not declare bankruptcy. Simply closed the company down as companies were no longer hiring people with Personal Services Company (psc's). Instead I joined directly via an umbrella company and pay tax as a regular employee.

Any thoughts? I have included in the cover letter about the illegal overstaying and working. I'll add your feedback about how I've changed etc...
Given my application was already submitted(stupid me!) - if i withdraw it - do i get a refund or not? Anything you suggest?

Thanks again for reading!

[contorted_svy]

If you don't attend biometrics, you should get a refund. It will take some time (I think up to 6 weeks), but if I was in your shoes I would want to understand more about your tax situation to determine if it may raise eyebrows especially when combined with illegal working + overstaying in the last 10 years.

[L_board]

If you don't attend biometrics, you should get a refund. It will take some time (I think up to 6 weeks), but if I was in your shoes I would want to understand more about your tax situation to determine if it may raise eyebrows especially when combined with illegal working + overstaying in the last 10 years.

Overstaying was from Dec 2003 to grant date 11th Feb 2016 (application was made Oct 2015).
Since 11th Feb 2016 - I've been living and working legally.

The application date issue - having read the guidance docs - they all refer to a decision date (as opposed to application date as you've suggested). Can you kindly point me to where it states this please? I'm sure I've looked in the wrong place.

The tax stuff - similar to the Royal Mail scandal - it'll quite likely be quashed, but obviously not sure at the moment. Quite a few MPs are onboard with loan charge scandal and want HMRC to pretty much stop it. I'm hoping.