ILR applied on tier 1 general ( amendments )
Posted: Fri Aug 05, 2016 4:07 am
Hello everyone!
I have applied for Tier 1 general in 2011, I was in the category of people who need to earn £35,000/- plus per anum. By then since I was working, most of the salary was covered by my annual pay and the rest by self-employment.
I successfully get an extension and got 3 years more visa. After getting extension I have opened a company in 2014 and have applied for ILR on 13, June 2016.
I have paid taxes every year and maintained accounts well , in January ,2016 my auditor (who is managing my accounts since 2013 ) has advised me to get SA 302 for the last five years and to check everything. I received them in the last week of January, 2016. After checking SA 302 I came to know, that they guy who helped me in the first two years of my tier 1 general returns either him or someone else has used my account and changed the amounts and got £2500 refunded from HMRC.
I was completely shocked as I didn’t received any mail or any notification from HMRC then, However my annual pay was still £35,000/- and over in the first two years. I had a long meeting and discussion with many friends and accountants and they all asked me to inform HMRC about the situation and request them to correct the returns for the first two years ( 2011 and 2012), before I apply for my ILR.
So, considering that it was the right thing to do, I applied my case in HMRC in February with all the evidences and proves that I had paid taxes and have no knowledge of refund and amendments made. I even asked them to check, to whom they have refunded the money and why? (but that’s was I thought I could take it further after getting my amendments )
Finally, after nearly 5-6 months of long wait and many follow ups letters to HMRC , they finally have amended my returns to the correct returns and I have paid the additional outstanding tax for 2011 & 12 ( again). As for now, my priority was to get the accounts sorted and get ILR which was the main concern.
I have paid taxes and filed my returns on time throughout the last 5 years , unfortunately I was a victim of that accountant who changed my returns and have refunded the amount for the first two years, as I said because of that I ended up filing up amendments for 2011/ & 012.
My questions are :
1) I am really concerned about my ILR , since I have submitted my case in June and after doing biometrics I haven’t heard anything back yet ?
2) Considering my situation, what are my chances of getting an ILR?
3) Since my all taxes are paid and I have cleared all the outstanding taxes which were outstanding after amendments, would it create any issue / problem?
4) I have kept the required annual salary above £35,000/- throughout the last five years , would it be helpful in my case ?
5) If they refuse my case , are there any options for me to take it further for appeal and win it?
Apologies for the length of this, I thought if I explain the whole situation. You would be in better position to answer my query.
Thanks for your replies in advance.
I have applied for Tier 1 general in 2011, I was in the category of people who need to earn £35,000/- plus per anum. By then since I was working, most of the salary was covered by my annual pay and the rest by self-employment.
I successfully get an extension and got 3 years more visa. After getting extension I have opened a company in 2014 and have applied for ILR on 13, June 2016.
I have paid taxes every year and maintained accounts well , in January ,2016 my auditor (who is managing my accounts since 2013 ) has advised me to get SA 302 for the last five years and to check everything. I received them in the last week of January, 2016. After checking SA 302 I came to know, that they guy who helped me in the first two years of my tier 1 general returns either him or someone else has used my account and changed the amounts and got £2500 refunded from HMRC.
I was completely shocked as I didn’t received any mail or any notification from HMRC then, However my annual pay was still £35,000/- and over in the first two years. I had a long meeting and discussion with many friends and accountants and they all asked me to inform HMRC about the situation and request them to correct the returns for the first two years ( 2011 and 2012), before I apply for my ILR.
So, considering that it was the right thing to do, I applied my case in HMRC in February with all the evidences and proves that I had paid taxes and have no knowledge of refund and amendments made. I even asked them to check, to whom they have refunded the money and why? (but that’s was I thought I could take it further after getting my amendments )
Finally, after nearly 5-6 months of long wait and many follow ups letters to HMRC , they finally have amended my returns to the correct returns and I have paid the additional outstanding tax for 2011 & 12 ( again). As for now, my priority was to get the accounts sorted and get ILR which was the main concern.
I have paid taxes and filed my returns on time throughout the last 5 years , unfortunately I was a victim of that accountant who changed my returns and have refunded the amount for the first two years, as I said because of that I ended up filing up amendments for 2011/ & 012.
My questions are :
1) I am really concerned about my ILR , since I have submitted my case in June and after doing biometrics I haven’t heard anything back yet ?
2) Considering my situation, what are my chances of getting an ILR?
3) Since my all taxes are paid and I have cleared all the outstanding taxes which were outstanding after amendments, would it create any issue / problem?
4) I have kept the required annual salary above £35,000/- throughout the last five years , would it be helpful in my case ?
5) If they refuse my case , are there any options for me to take it further for appeal and win it?
Apologies for the length of this, I thought if I explain the whole situation. You would be in better position to answer my query.
Thanks for your replies in advance.