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Hi all, I just want to share my experience regarding tax discrepancie.
Applied ILR in November 2015 at PEO. Application held for further checks. After 1 month got refusal, caseworker got SA 302 and concluded that I have not declared exact amount of income for year 2011-12.
THE FACT is for year 2011-12 due to error submitted less income for tax calculation. But in 2013 when I realised that an error has been occurred in contacted HMRC to emended my tax return. HMRC asked me for the audit of that year. I submitted all my self employment record. HMRC and I got agreed for the amount of income which I want to declare (same income is declared to Home Office ). But HMRC officer told me that your amended income will not be updated on HMRC computer system. So HMRC gave me a letter confirming my amended income for 2011-12.
I submitted that letter to caseworker on my appointment but got refused as they refused to accept HMRC letter. That was really up setting and disappointing for me. I have had declared all my correct figure of income. Caseworker relied on HMRC computer system where there was my old income figure was displayed. I went for Admin Review but same result. AR got refused as well.
My solicitor was of the opinion that as I have had declared correct income and paid taxes on that income it is very unjust the way home office ignoring HMRC letter authenticating my income year 2011-12.
My solicitor decided to go for Judicial review. We sent Pre Action Protocol and told home office if they are not going to change their previous decisions we will fight in the Court and will collect all legal costs from them. By grace of God Home Office replied within 4 days of PAP and decided to reconsider their previous refusal decision. At last senior caseworker decided to overturn their previous refusals. ☺
Here is my application processing time:
ILR Tier 1 GENERAL. November 2015
Refusal. December 2015.
Admin Review filed. December 2015
AR refusal. January 2016
Pre Action Protocol submitted. February 2016
Home Office agreed for re consideration.
PAP got successful. March 2016
ILR approval letter and BRP received. April 2016

By grace of God after long 5 months I got my ILR.

Haimi123 wrote:Hi all, I just want to share my experience regarding tax discrepancie.
Applied ILR in November 2015 at PEO. Application held for further checks. After 1 month got refusal, caseworker got SA 302 and concluded that I have not declared exact amount of income for year 2011-12.
THE FACT is for year 2011-12 due to error submitted less income for tax calculation. But in 2013 when I realised that an error has been occurred in contacted HMRC to emended my tax return. HMRC asked me for the audit of that year. I submitted all my self employment record. HMRC and I got agreed for the amount of income which I want to declare (same income is declared to Home Office ). But HMRC officer told me that your amended income will not be updated on HMRC computer system. So HMRC gave me a letter confirming my amended income for 2011-12.
I submitted that letter to caseworker on my appointment but got refused as they refused to accept HMRC letter. That was really up setting and disappointing for me. I have had declared all my correct figure of income. Caseworker relied on HMRC computer system where there was my old income figure was displayed. I went for Admin Review but same result. AR got refused as well.
My solicitor was of the opinion that as I have had declared correct income and paid taxes on that income it is very unjust the way home office ignoring HMRC letter authenticating my income year 2011-12.
My solicitor decided to go for Judicial review. We sent Pre Action Protocol and told home office if they are not going to change their previous decisions we will fight in the Court and will collect all legal costs from them. By grace of God Home Office replied within 4 days of PAP and decided to reconsider their previous refusal decision. At last senior caseworker decided to overturn their previous refusals. ☺
Here is my application processing time:
ILR Tier 1 GENERAL. November 2015
Refusal. December 2015.
Admin Review filed. December 2015
AR refusal. January 2016
Pre Action Protocol submitted. February 2016
Home Office agreed for re consideration.
PAP got successful. March 2016
ILR approval letter and BRP received. April 2016

By grace of God after long 5 months I got my ILR.

Hi
how much was your discrepancy ? and was it only for 1 year?

Hi Haimi123

First of all congratulations on your successful ILR battle with the HO. There are many of us in the same situation and would helpful if you could give us some more info on your case.

Can you please give us the precise dates for all your submissions with the HO.

1. Initial date of application
2. Refusal date
3. Visa expiry date
4. AR submissions date
5. AR decision date
6. PAP submission date
7. PAP reply date from HO
8. Any other correspondence from the HO with dates

We would be highly obliged if you could provide us this info, since I know a few people who are in the process of submitting a PAP and this added info will give them the confidence.

Thanks

Haimi123 wrote:Hi all, I just want to share my experience regarding tax discrepancie.
Applied ILR in November 2015 at PEO. Application held for further checks. After 1 month got refusal, caseworker got SA 302 and concluded that I have not declared exact amount of income for year 2011-12.
THE FACT is for year 2011-12 due to error submitted less income for tax calculation. But in 2013 when I realised that an error has been occurred in contacted HMRC to emended my tax return. HMRC asked me for the audit of that year. I submitted all my self employment record. HMRC and I got agreed for the amount of income which I want to declare (same income is declared to Home Office ). But HMRC officer told me that your amended income will not be updated on HMRC computer system. So HMRC gave me a letter confirming my amended income for 2011-12.
I submitted that letter to caseworker on my appointment but got refused as they refused to accept HMRC letter. That was really up setting and disappointing for me. I have had declared all my correct figure of income. Caseworker relied on HMRC computer system where there was my old income figure was displayed. I went for Admin Review but same result. AR got refused as well.
My solicitor was of the opinion that as I have had declared correct income and paid taxes on that income it is very unjust the way home office ignoring HMRC letter authenticating my income year 2011-12.
My solicitor decided to go for Judicial review. We sent Pre Action Protocol and told home office if they are not going to change their previous decisions we will fight in the Court and will collect all legal costs from them. By grace of God Home Office replied within 4 days of PAP and decided to reconsider their previous refusal decision. At last senior caseworker decided to overturn their previous refusals. ☺
Here is my application processing time:
ILR Tier 1 GENERAL. November 2015
Refusal. December 2015.
Admin Review filed. December 2015
AR refusal. January 2016
Pre Action Protocol submitted. February 2016
Home Office agreed for re consideration.
PAP got successful. March 2016
ILR approval letter and BRP received. April 2016

By grace of God after long 5 months I got my ILR.

Congratulations @Haimi123..

I have got a quick question about your tax amendments, When is the exact date you amended your tax returns?

Hi All,
I wrote to HMRC to amend my tax return 2011.12 in October 2013. There were a discrepancy of £ 18000. HMRC did audit of my accounts that's why my revised taxable was not updated on SA 302.
Exact dates are as below.

ILR PEO appointment. 29 October 2015
Refusal letter. 02nd December 2015
Admin Review filed. 12th December 2015
Admin Review Refusal. 07th January 2016
Pre Action Protocol application. 15th February 2016
PAP accepted for re consideration. 20th February
ILR approval letter. 30th March 2016
BRP received. 6th April 2016

Hope it answers all.

which solicitor or barrister you used ?

Hi Haimi123

Thanks for the updates with the precise dates.

Can you please let me know when did your T1 G visa expire ?

If it did expire, then did you ask the HO to allow you to work within your PAP letter and what were the conditions did they give you during reconsideration ?

Considering they sent you a reconsideration request on 20th Feb and you approval was on 30th March. Did they allow you a dispensation to work for these 40 days till the time they were reconsidering your application?

Looking forward to your answer.

It would be useful if you could provide us your solicitors details whose services you used for PAP.

Thanks

AML2015 wrote:It would be useful if you could provide us your solicitors details whose services you used for PAP.

Thanks

Members should not list company/solicitor details on the forum. They will be removed if posted.

Hi
I have my second extension ( I came late in uk ) valid leave to remain till July 2018 so all my visa conditions were intact.

Hi, you may give me your contact number

Haimi123 wrote:Hi, you may give me your contact number

Kindly refrain from encouraging members to post their digits on the forum.

They will have all sorts of loonies, scammers and con-men/women calling them up.

Contact details will be removed.

Haimi123 wrote:Hi, you may give me your contact number

Hi Haimi, I am in the same situation can you please give me the solicitor details which you have used. This will be very useful to many of us who are in the same situation. Please need this ASAP Thanks

Hi
How can I contact you? Forum rules don't allow me to paste my contact number or email? Is there any way I can guide you all?????

protagonist8 wrote: ↑

Wed Apr 06, 2016 12:03 am

Haimi123 wrote:Hi all, I just want to share my experience regarding tax discrepancie.
Applied ILR in November 2015 at PEO. Application held for further checks. After 1 month got refusal, caseworker got SA 302 and concluded that I have not declared exact amount of income for year 2011-12.
THE FACT is for year 2011-12 due to error submitted less income for tax calculation. But in 2013 when I realised that an error has been occurred in contacted HMRC to emended my tax return. HMRC asked me for the audit of that year. I submitted all my self employment record. HMRC and I got agreed for the amount of income which I want to declare (same income is declared to Home Office ). But HMRC officer told me that your amended income will not be updated on HMRC computer system. So HMRC gave me a letter confirming my amended income for 2011-12.
I submitted that letter to caseworker on my appointment but got refused as they refused to accept HMRC letter. That was really up setting and disappointing for me. I have had declared all my correct figure of income. Caseworker relied on HMRC computer system where there was my old income figure was displayed. I went for Admin Review but same result. AR got refused as well.
My solicitor was of the opinion that as I have had declared correct income and paid taxes on that income it is very unjust the way home office ignoring HMRC letter authenticating my income year 2011-12.
My solicitor decided to go for Judicial review. We sent Pre Action Protocol and told home office if they are not going to change their previous decisions we will fight in the Court and will collect all legal costs from them. By grace of God Home Office replied within 4 days of PAP and decided to reconsider their previous refusal decision. At last senior caseworker decided to overturn their previous refusals. ☺
Here is my application processing time:
ILR Tier 1 GENERAL. November 2015
Refusal. December 2015.
Admin Review filed. December 2015
AR refusal. January 2016
Pre Action Protocol submitted. February 2016
Home Office agreed for re consideration.
PAP got successful. March 2016
ILR approval letter and BRP received. April 2016

By grace of God after long 5 months I got my ILR.

Hi
how much was your discrepancy ? and was it only for 1 year?

Well done haimi , congrats on you victory. I am in same boat. Can you pls pm me need your help.