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Self employed tax arrears, possible CCJ, had ILR for 9 years

Posted: Wed Feb 01, 2012 11:53 am
by shiruetto
Hi, I was wondering if anyone can give me advice.

I've had ILR for 8 years and I'm thinking about applying for naturalisation.

My problem is I've been self-employed for almost 4 years and registered late out of laziness. My fault totally. Waiting for a huge tax bill.

Due to the size of the tax debt my chances of getting into an arrangement with the HMRC is slim; I expect to be taken to court and be landed with a CCJ. Of course I fully intend to pay but from what I read, HMRC usually only make arrangements for tax to be paid off in instalments in terms of months; I will need a year and a half at the bare minimum, so it will probably be through a CCJ.

As a result I cannot provide my statement of accounts from HMRC.

My question is, what are my chances of being accepted if I don't send the HMRC statement, if my application is marked as "self-employed"?

The reason why I ask is, I was looking at the "Good Character Requirement" guidance for Border Agency staff (or so it seems) and I found the following passage, under section 7.6.1 referring to self-employed people:

"Caseworkers should request the latest Self-Assessment Statement of Account from applicants who only just satisfy the minimum residence requirments of three or five years and who qualified for entry previously as...etc. (none of which apply to me)"

Does this mean the statement of account will not be necessary in my instance? I am not sure how closely this document is followed, or even whether this document is still up-to-date.

This is the document in question.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Any advice appreciated - many thanks!

Posted: Thu Feb 02, 2012 10:27 am
by friendinneed
The general basis of the good character is that you are paying your dues. From what you are saying you are morally guilty of tax evasion, even if you dont have a criminal conviction for it, and are likely to subsequently have a CCJ for it (though a criminal conviction is unlikely)

I do not know the inner workings of the UKBA/ HO but as far as general principles go you have shown yourself not to have good character. Not only have you knowingly not paid your dues but you didnt even ring fence the monies to be able to pay them when the authorities finally caught up with you.