ILR Tax Return Issue. Need Urgent Help Please!

[lh101]

Hello Everyone,

I hope I can get some answers to my issue. I am eligible for ILR Long Residence and my current Leave expires First week of February. My details are as follows.

Arrived UK 25th Dec 2008
Time spent outside the UK 310 days
Maximum time spent outside 80 days
Visa history; Student 2 years, Tier 4 3 years, Tier 1 (Graduate Entrepreneur) 2 years, Tier 1 (Entrepreneur) 3 years (current leave).

During the second year of my graduate Entrepreneur, I worked part time and handed in my resignation shortly before I submitted for my Tier 1 (Entrepreneur). I left the job as soon as I was made aware my visa was approved (my employer asked me to stay bit longer so I can hand over to a replacement). In my Tax return for that year, (2016/17), I made a mistake and said I was employed but not self employed. It was my first time doing Self assessment. My business was originally registered in 2014 but for some reason I was confused when the return and said nothing about it as I had made no income but the records are with companies house. My return from my employment is correct. My questions are as follows:

1. Would it be a problem due to ambiguity in the date I left my job and would I be considered as "employed" during my Tier 1 (Entrepreneur) even it was due to overlap of when my visa was granted and when I received it? (It took less than three weeks for it to be approved but I expected 8 weeks so I checked my post around the 4th week which effectively terminated my employment). Is this something I should clarify in a covering letter and perhaps get a letter from my employer to explain when I actually left the job?

2. I didn't realize the mistake in my return for that year until recently when I was doing my checks. I am not eligible to make any amendments on that particular return and decided against sending a letter to HMRC due to people being refused for these late amendments. Is it a good idea to instead include the honest mistake in my cover letter to the home office? I have not made any deception here and was not even eligible to pay any tax in the first place as I didn't earn enough, instead I had a tax refund which is still unclaimed.

Please, any help whatsoever on this will be much appreciated. My circumstance is a little unique and I have not been able to find any answer to this on the forum yet. Thanks very much in advance.

[zimba]

Tax return issues, if rectified should not affect you. Generally amendments are not required as you can make adjustments in current year for previous minor errors. Tax amendments affected the Tier 1 General migrants for very specific reasons and that route is all closed

[gbptier1general]

Hi,
Assuming ur tax filing Issue is for 16-17,then u can seek ur Accountant to file an Amendment as within 3 yrs if u Pay/Amend SA on ur own before HMRC Prompts u/reminds u ,u can Maximum win ur case even HO refuses u on 322(5)by default.
You are are free to mention as it will NOT lead to deception. Good covering letter with Positive NOTE is important to maximise faster process.
If ur Earnings falls in this tax yr then u r obliged to Disclose,this,is,like Audit NOTES, ur Accountant will do.
Hope this helps.
Pls feel free to ask if u have further doubts.
Good Luck!

[zimba]

The Tier 1E route has no income requirements and there is no salary/income threshold for ILR. No tax issues ever been reported to have caused trouble on this route. Tax discrepancies and amendments affected Tier 1 General as that route had explicit income requirement