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Hi Guru's and Friends,

I have applied for my ILR via T1 general route in May 2016. still waiting for reply.

I have today received a self employment questionnaire.

Initial application was 2010-2011 - (self employed) made amendments
Extension 2012-2013 - (emp+ Self employed) all taxes paid on time
ILR Application - 2016 May (Employed) Taxes paid on time.

the letter I received to day says

"Documents Required:

1. Please complete and return the attached questionnaire summarising your finances relating to your self employment. please also provide any supporting evidence you have referenced within the questionnaire.

2. Please provide a SA302 form and Tax year overview for the period in which you have been registered a self employed, or have been a director of a limited company. these are available from your accountants tax software or your HMRC online account.

This information is being requested in line with guidance provided by the HMRC website on what records a self -employed individual should retain and for how long. it states that records should be kept for at least five years from 31 jan following the tax year that the tax return relates to. Ex: if you file your 2012-2013 tax returns by 31 jan 2014, you should normally keep your records until 21 jan 2019"

My Question is do I need to mention about my self employment for the 2010-2011 tax year. as the 5 year threshold is finished on 31 jan 2017?

Yes you do and submit what HO has asked for.

Even I have received same questionnaire on 1st March. I have requested all SA302s from HMRC.

I have amended tax returns for 804 pounds and sent amended calculations with my application. Even without this £804 my earnings were above 35k

Hope they make positive decision.

CR001 wrote:Yes you do and submit what HO has asked for.

Thank you CR001

Could you please clarify what they meant by the HMRC 5 year rule

Thank you

tom.draper wrote:

CR001 wrote:Yes you do and submit what HO has asked for.

Thank you CR001

Could you please clarify what they meant by the HMRC 5 year rule

Thank you

For now, you should ignore what is HMRC 5 years rule and provide what HO asked for. As you said you amend tax return of 2010-11, HO might be getting old one and not matching with your initial T1G application claim. So think that HO give you opportunity to provide more document and to express/explain your situation.
As far as I know HMRC 5 years rule is, you should keep the records/documents for 5 years based on which you are making self-Assessments; and need to produce to HMRC if they ask/investigate. But if HO ask for SA302/tax record then even if you do not have it, then you can get a copy form HMRC and can provide them. If you do not provide then they might make decision based on what they have and also they can treat that you failed to provide requested info/doc.

Hi
You don't really have an issue here, as per your post you amended taxes for 2010-2011 so
2010-2011 tax year submission deadline is Jan 2012 so five years add on, last date was 31 Jan 2017 and you got the letter in March so the five year period is over as per the tax rules.
even if you submit your last 5 years tax records where no amendments is made you should receive a positive answer. Its just a matter of collecting date for the HO and submitting it.
hope this post is helpful best of luck

Dear Friends,

I need advice on my tax amendment. It is a bit strange scenario where I had to amend my 2012-2013 returns to add additional amount on what my accountant statement showed during UKBA application. I have submitted my tax returns appropriately as per accountant statement showed to UKVI but I had to add earnings from April 2012 into amended figures. This amount has nothing to do with figures I showed to UKVI as those figures were accurately filed on time.

I received a 6 page questionnaire recently which I replied to honestly saying why I had to amend my 2012-2013 returns. I also explained that the amended amount of £804.00 is to declare earnings from April 2012 (where as account books for my Tier 1 Ext were made from 1st may 2012-30th April 2013). Also earnings were spread into two tax years (11 months in one tax year and 1 month in the next tax year). How would UKVI calculate my earnings as my SA302 will be different from the amount from accountant statement.

Could they still use 322(5) in this case?

Hi,

has anyone received any reply/decision from HO after sending back this Questionnaire form?

Thanks.

CR001 wrote:Yes you do and submit what HO has asked for.

Hi CR001,
i have applied for 10 yr LR in september 2016. after all these months i have received the same questionnair for last 5 years self employment income.

my time line is:
came in uk sep 2006 on student visa, changed student visa to PSW in 2009 before applied for tier 1 in 2011.

for tier 1 my self employment tax return for 2010-11 was on 15k, where i paid tax on 9k after my expenses.

my question is, does the CW consider my self employment income as 15k or 9k?

if they consider my income only £9k, then can i amend my taxes with HMRC now for the application to be accepted.

if not, i have 7 year daughter who born in UK, can i apply on the basis of human rights as my daughter has been in UK since birth in 2009?

i would appreciate if you can help with my query.

thank you.