Overstayer+Worked illegally+HMRC tax appeal

[L_board]

Received my ILR today!! Thanks to everyone that helped me!

I was born in the UK (stayed for about 3 months I believe - have a British birth certificate), brought up outside the country (17 years).

Arrived in the UK in 2003 December on a visitor visa when I was 17 years. Mum made an application at that time that was deemed incomplete.
Overstayed my visa - big time . Oblivious to the rules etc...

Was studying and working at the time - doing A-Levels, and Uni. Met my wife (she's British) in college 2005 - got married in 2014. Have kids - all British. Own our home.

made an FLR FP application via solicitors 2015 (1st application Granted 11th Feb 2016).
Consequent in-time applications were made by me (4 x 2.5 year FLR FPs to cover the 10 year residency).

Today I received my ILR.
On to my questions:

• Will my overstaying and illegal working impact my application? Dec 2003 to 11th Feb 2016

• I have a HMRC tax appeal from 2019 - that's still being investigated by HMRC - I've been PAYE since 2020

• The LTD company I was working through was wound down(struck off by giving the appropriate notice etc...This was due to the IR35 rules)

I submitted a Naturalisation application today (in a moment of ILR joy) I have an appointment tomorrow to give my biometrics(£50) - BUT I'm getting cold feet.

The 10 year period from 1st grant 11th Feb 2016 is 11th Feb 2026. Do I wait till the 11th Feb to do my biometrics? Should I not go to my biometrics appointment tomorrow (unable to cancel it).

Thanks so much to all - CR001/our very own Zimba and everyone that's been keeping this forum very much alive.

[contorted_svy]

It's a bit late to ask now. The application date is what matters, so even if you waited until the 11 Feb it wouldn't matter. Overstaying is not a problem if there are no other good character concerns. Illegal working is more of an issue if it happened in the last 10 years. Did you write a cover letter to explain your character has changed, maybe explained your current good standing in the community?

What do you mean by these two items:

I have a HMRC tax appeal from 2019 - that's still being investigated by HMRC - I've been PAYE since 2020

The LTD company I was working through was wound down(struck off by giving the appropriate notice etc...This was due to the IR35 rules)

Did you declare bankruptcy? did you pay all the tax you owed?

[L_board]

It's a bit late to ask now. The application date is what matters, so even if you waited until the 11 Feb it wouldn't matter. Overstaying is not a problem if there are no other good character concerns. Illegal working is more of an issue if it happened in the last 10 years. Did you write a cover letter to explain your character has changed, maybe explained your current good standing in the community?

What do you mean by these two items:

I have a HMRC tax appeal from 2019 - that's still being investigated by HMRC - I've been PAYE since 2020.

There's something called disguised remuneration (loan charge) - was using a (who I thought was a legitimate) company at the time. But their tax was structured (essentially to pay less tax!) urgh, only If I know and are more aware of everything back then, like I am now. I was essentially a 'partner' and they'd divide profit at the end of the year. All my self-assessments done by the accountant declared the fact I'm part of the partnership etc...HMRC decided to change the rules and apply rules retrospectively, they raised an investigation in 2019. I filed an appeal stating all was declared/everything was paid up etc...still not heard a peep.

The LTD company I was working through was wound down(struck off by giving the appropriate notice etc...This was due to the IR35 rules)

Did you declare bankruptcy? did you pay all the tax you owed?
Absolutely - all taxes paid up. Nope - did not declare bankruptcy. Simply closed the company down as companies were no longer hiring people with Personal Services Company (psc's). Instead I joined directly via an umbrella company and pay tax as a regular employee.

Any thoughts? I have included in the cover letter about the illegal overstaying and working. I'll add your feedback about how I've changed etc...
Given my application was already submitted(stupid me!) - if i withdraw it - do i get a refund or not? Anything you suggest?

Thanks again for reading!

[contorted_svy]

If you don't attend biometrics, you should get a refund. It will take some time (I think up to 6 weeks), but if I was in your shoes I would want to understand more about your tax situation to determine if it may raise eyebrows especially when combined with illegal working + overstaying in the last 10 years.

[L_board]

If you don't attend biometrics, you should get a refund. It will take some time (I think up to 6 weeks), but if I was in your shoes I would want to understand more about your tax situation to determine if it may raise eyebrows especially when combined with illegal working + overstaying in the last 10 years.

Overstaying was from Dec 2003 to grant date 11th Feb 2016 (application was made Oct 2015).
Since 11th Feb 2016 - I've been living and working legally.

The application date issue - having read the guidance docs - they all refer to a decision date (as opposed to application date as you've suggested). Can you kindly point me to where it states this please? I'm sure I've looked in the wrong place.

The tax stuff - similar to the Royal Mail scandal - it'll quite likely be quashed, but obviously not sure at the moment. Quite a few MPs are onboard with loan charge scandal and want HMRC to pretty much stop it. I'm hoping.

[contorted_svy]

Can you clarify the exact dates you have been working illegally? Because with the current date range you provided to feels to me that some of the overstaying (definitely, but if there are no adverse factors that may get ignored) but i am not clear on the illegal working (that would be more likely to affect your application).

The guidance also states https://assets.publishing.service.gov.u ... racter.pdf

Lawful residence
An immigration breach relating to lawful residence includes:
• overstaying
• illegal entry
• absconding
• failing to comply with the requirements of the EEA Regulations 2016, as saved
Prior to 28 June 2022, immigration breaches in the 5-year period before a citizenship
application were normally a reason for refusal of citizenship on the grounds of not
meeting the lawful residence requirement set out in section 4 and section 6 (read
with paragraphs 1 and 2 of Schedule 1) of the British Nationality Act (BNA) 1981. If
the breach was in the 10-year period before a citizenship application, it was normally
grounds for refusal of citizenship on the basis of not meeting the good character
requirement.

I appreciate elsewhere it refers to the date of the decision, but here are my two cents. This is an expensive application and you only have 3 weeks to wait to be in the clear, when the overstaying/illegal working is definitely more than 10 years before the date of the application and err on the side of caution, as you also have potential tax issues that may have an effect on your good character. At the end of the day, the decision is yours on what to do with your application

[L_board]

Can you clarify the exact dates you have been working illegally? Because with the current date range you provided to feels to me that some of the overstaying (definitely, but if there are no adverse factors that may get ignored) but i am not clear on the illegal working (that would be more likely to affect your application).

The guidance also states https://assets.publishing.service.gov.u ... racter.pdf

Lawful residence
An immigration breach relating to lawful residence includes:
• overstaying
• illegal entry
• absconding
• failing to comply with the requirements of the EEA Regulations 2016, as saved
Prior to 28 June 2022, immigration breaches in the 5-year period before a citizenship
application were normally a reason for refusal of citizenship on the grounds of not
meeting the lawful residence requirement set out in section 4 and section 6 (read
with paragraphs 1 and 2 of Schedule 1) of the British Nationality Act (BNA) 1981. If
the breach was in the 10-year period before a citizenship application, it was normally
grounds for refusal of citizenship on the basis of not meeting the good character
requirement.

I appreciate elsewhere it refers to the date of the decision, but here are my two cents. This is an expensive application and you only have 3 weeks to wait to be in the clear, when the overstaying/illegal working is definitely more than 10 years before the date of the application and err on the side of caution, as you also have potential tax issues that may have an effect on your good character. At the end of the day, the decision is yours on what to do with your application

Hey - fully appreciate your input! Thank you so much! It's not lost...I am thinking of calling up UKVI to cancel my application/withdraw it. As you said its only 3 weeks away...

Just checked my national insurance contributions (on personal tax account page) - I started working(illegally) from 2005 - until Feb 2016 (grant date).

-----
On to the guidance element...I was thankfully reading the correct one. lol

Following on from your para - it does go on to say.....

Schedule 1 of the Nationality and Borders Act 2022 (NABA 2022) amended the requirements for naturalisation and registration for British citizenship under sections, 6(1) and 6(2) of the BNA 1981, so that a person can be treated as meeting the lawful residence requirement during the qualifying period without further enquiry where they hold indefinite leave to enter or remain in the UK. This change commenced on 28 June 2022.

This change does not extend to applications to naturalise as a British overseas territory citizen.

To align with changes to the qualifying period, immigration breaches relating to lawful residence, other than illegal entry relating to applications made on or after 10 February 2025, may be disregarded when assessing good character where all of the following factors apply:

the person is applying for naturalisation as a British citizen, or registration as a British citizen under s.4(2), 6(1) or 6(2) of the BNA 1981 after 28 June 2022

that person holds indefinite leave to enter or remain (ILE or ILR, also known as settlement) in the UK

no concerns (for example, regarding the person’s character) have arisen since the grant of settlement which might cast doubt on the decision

and then under Illegal working:

Illegal working
Illegal working causes damaging social and economic problems for the UK. It undercuts businesses that operate within the law, undermines British workers and exploits migrant workers.

An application will normally be refused if, within the previous 10 years (before the date of decision), the person has worked in the UK when their conditions of leave prohibited employment.

Illegal working is not considered an immigration breach in relation to lawful residence and must not be disregarded when assessing good character.

Any numbers to call to cancel/withdraw the application please? I tried doing it on my submission page - but there isn't such an option. Also going to lose my £50 biometrics appt fee ahh loll

all because I was trigger happy - whoever is reading this...take...your...time....!

[contorted_svy]

There isn't an option to officially cancel or withdraw your application. It will be voided automatically if you don't attend a biometric appointment, and you will need to wait up to six weeks after that. Please note that I acknowledge the slight inconsistency on the guidance but it does refer to lawful residence in the last 10 years from the application date, rather than the decision date. As it is an expensive and stressful process, I would rather err on the side of caution than hope for leniency, when the wording is ambiguous. The paragraph you quote only refers to the 5 years qualifying period on lawful residency rather than the 10 years period for good character.

[L_board]

There isn't an option to officially cancel or withdraw your application. It will be voided automatically if you don't attend a biometric appointment, and you will need to wait up to six weeks after that. Please note that I acknowledge the slight inconsistency on the guidance but it does refer to lawful residence in the last 10 years from the application date, rather than the decision date. As it is an expensive and stressful process, I would rather err on the side of caution than hope for leniency, when the wording is ambiguous. The paragraph you quote only refers to the 5 years qualifying period on lawful residency rather than the 10 years period for good character.

Thank you so much for your input! I've emailed TLScontact asking them to cancel my appointment for this afternoon.

There is also a site https://www.cancel-application-and-retu ... v.uk/start

where you can cancel applications.

Can you kindly expand on the highlighted section above? On my application portal it states

'Attend an appointment to provide your documents and biometrics by 26 March 2026'

• Can I make another application on 12th Feb 2026 (after the 10 year legal period has been achieved) - I understand I will need to pay again.

I appreciate EVERY word you've typed and taken on-board everything. I can't thank you enough for your feedback. Appreciated.

[contorted_svy]

I am referring to the timeframe it may take for them to process the fact your application has been voided and you will receive the money back.

I would advise to wait until resubmitting your application until you have received a confirmation that your existing one was cancelled to avoid duplication in the system. Unfortunately that can sometimes be hard to obtain. I appreciate you want to submit your application as soon as possible, but there may be some value in waiting a little bit longer to make sure you are doing everything properly and submit the best application you can.

[L_board]

I am referring to the timeframe it may take for them to process the fact your application has been voided and you will receive the money back.

I would advise to wait until resubmitting your application until you have received a confirmation that your existing one was cancelled to avoid duplication in the system. Unfortunately that can sometimes be hard to obtain. I appreciate you want to submit your application as soon as possible, but there may be some value in waiting a little bit longer to make sure you are doing everything properly and submit the best application you can.

Understood - thank you so much for your input. I shall hold fire (as hard as it is!).

[L_board]

I am referring to the timeframe it may take for them to process the fact your application has been voided and you will receive the money back.

I would advise to wait until resubmitting your application until you have received a confirmation that your existing one was cancelled to avoid duplication in the system. Unfortunately that can sometimes be hard to obtain. I appreciate you want to submit your application as soon as possible, but there may be some value in waiting a little bit longer to make sure you are doing everything properly and submit the best application you can.

Understood - thank you so much for your input. I shall hold fire (as hard as it is!).

Just an update to whoever is reading:

1. Submitted a cancellation on 23rd Jan 2026 via the 'https://www.cancel-application-and-retu ... v.uk/start' and received an RODXXX reference immediately.

2. On 29th January 2026 - received an update from Home Office Atlas, stating application has been marked as withdrawn and a refund returned in up to 30 days.

Thought I'd share this info. Waiting for refund.