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ILR refused for late amendments

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

SM03KUW
Newly Registered
Posts: 24
Joined: Sun Mar 19, 2017 8:13 am

Re: ILR refused for late amendments

Post by SM03KUW » Sun Mar 19, 2017 3:51 pm

Thanks casa,

If I get rejection on SET (o), and if I apply for SET (LR), in that case what would be my working status.
Would I get right to appeal in case of rejection on SET (LR). Thanks

ouflak1
Senior Member
Posts: 952
Joined: Mon Jul 06, 2009 12:59 pm

Re: ILR refused for late amendments

Post by ouflak1 » Mon Mar 20, 2017 12:27 pm

SM03KUW wrote:Thanks casa,

If I get rejection on SET (o), and if I apply for SET (LR), in that case what would be my working status.
Would I get right to appeal in case of rejection on SET (LR). Thanks
They are looking at tax issues for all applications, even non-Tier 1, non-ILR. If you were rejected for those reasons previously, it's hard to imagine you won't get the same result again.

ez_1234
Newly Registered
Posts: 20
Joined: Thu Mar 16, 2017 2:54 am

Re: ILR refused for late amendments

Post by ez_1234 » Wed Mar 22, 2017 1:11 am

Hi guys,

Quite surprised by the number of tax amendment cases while trawling through various topics and forum. I received a letter like so many others asking to fill up a questionnaire and inviting me to submit sa302 and tax year overview with audited/unaudited company accounts. Got this letter before few days.

My case - I was self employed during initial HSMP application. IT - Education consultant. 2010-2011.

Extension - Self-employed + Company director 2012-2013 with income from self-employed and dividends from company shown during my extension.

Amendment Issue is My tax year for company was from 1 Jan 2012 to 31 Dec 2012 but my visa 12 month income period was from 1 April 2012 - 31 March 2013 for extension. Because my regular accountant was not Acca approved I had to do my tax filing for visa from a different accountant. So everything in place for 1st March 2012 - till 31 December 2012. For some reason my company account was shown as dormant from 1st Jan 2013 to 31st March 2013 the period for which I had shown my income during my extension. So I had to amend figures for those three months.

My company was functional till I applied for ilr in may 2016 and again I have shown part of my income from that + Salary. While preparing documents for visa I just had a cursory check on old sa302 and found some discrepancy. Then back tracked and figured out where the issue really was. Immediately cancelled my peo and applied for by post in may2016 and in the meantime got the tax amended.

I couldn't believe my eyes from the posts I have seen on this forum where so many applications are rejected primarily due to oversight and genuine mistakes.

For me HMRC didn't provide updated sa302 although it has been 11 months since I updated the record and paid all the remaining tax etc. But I been in touch with them couple of days ago and presume they will send me revised returns.

Any advice on what could be done, if anything at all to ensure successful application is much appreciated.


Seen few posts by handle monty87, mk_engr and couple other who fought their cases in jr. any advice from these guys would be invaluable.

strada
Junior Member
Posts: 69
Joined: Thu Sep 15, 2016 7:32 pm

Re: ILR refused for late amendments

Post by strada » Wed Mar 22, 2017 7:27 am

Hi All,

Advice needed here.

My ILR was refused after 13months of waiting and interview . I need the gurus to advise me on the way forward.

The reasons given were
1) Accountant error on my cost of sales
2) Advertising cost on P/L
3) Tax amendment issue - I had amended the previous one and I currently have a DD payment to HMRC.

In light of the issues am confused as to the next step to take should I go for the AR or do a fresh application or apply under FLR (M) as am also married to a British citizen.

My accountant and Lawyer messed me up big time.

tom.draper
Newbie
Posts: 40
Joined: Wed Jan 30, 2013 7:21 pm

Re: ILR refused for late amendments

Post by tom.draper » Wed Mar 22, 2017 10:36 am

strada wrote:Hi All,

Advice needed here.

My ILR was refused after 13months of waiting and interview . I need the gurus to advise me on the way forward.

The reasons given were
1) Accountant error on my cost of sales
2) Advertising cost on P/L
3) Tax amendment issue - I had amended the previous one and I currently have a DD payment to HMRC.

In light of the issues am confused as to the next step to take should I go for the AR or do a fresh application or apply under FLR (M) as am also married to a British citizen.

My accountant and Lawyer messed me up big time.
Sorry to hear that strada.

what's the exact clause home office gave for the refusal?

and what were the mistakes done by your accountant & solicitor.

your experience would be helpful for us.

paboluuk
Junior Member
Posts: 61
Joined: Fri May 08, 2015 11:31 am

Re: ILR refused for late amendments

Post by paboluuk » Wed Mar 22, 2017 11:40 am

Sorry to here @strada.

Have the HO gave provision to challenge this on AR or JR. what's your visa validity ?

jarraj1102
Junior Member
Posts: 53
Joined: Wed Apr 06, 2016 10:12 am

Re: ILR refused for late amendments

Post by jarraj1102 » Wed Mar 22, 2017 2:17 pm

strada wrote:Hi All,

Advice needed here.

My ILR was refused after 13months of waiting and interview . I need the gurus to advise me on the way forward.

The reasons given were
1) Accountant error on my cost of sales
2) Advertising cost on P/L
3) Tax amendment issue - I had amended the previous one and I currently have a DD payment to HMRC.

In light of the issues am confused as to the next step to take should I go for the AR or do a fresh application or apply under FLR (M) as am also married to a British citizen.



My accountant and Lawyer messed me up big time.

Hi Strada,

Sorry to hear the news. I have waiting to hear a good news from you considering HO called you and apologized for the delay in making a decision on your application.

I sincerely think you have a strong case for AR .

Could you please tell me the points 1 & 2 raised by HO were they from the current employment or from previous employment?

Regards

Raj

strada
Junior Member
Posts: 69
Joined: Thu Sep 15, 2016 7:32 pm

Re: ILR refused for late amendments

Post by strada » Wed Mar 22, 2017 8:50 pm

jarraj1102 wrote:
strada wrote:Hi All,

Advice needed here.

My ILR was refused after 13months of waiting and interview . I need the gurus to advise me on the way forward.

The reasons given were
1) Accountant error on my cost of sales
2) Advertising cost on P/L
3) Tax amendment issue - I had amended the previous one and I currently have a DD payment to HMRC.

In light of the issues am confused as to the next step to take should I go for the AR or do a fresh application or apply under FLR (M) as am also married to a British citizen.



My accountant and Lawyer messed me up big time.

Hi Strada,

Sorry to hear the news. I have waiting to hear a good news from you considering HO called you and apologized for the delay in making a decision on your application.

I sincerely think you have a strong case for AR .

Could you please tell me the points 1 & 2 raised by HO were they from the current employment or from previous employment?

Regards

Raj

Hi Raj / Tom,

Points 1 and 2 are from the recent application. It's a bit of an unusual one, as I never saw the P&L the accountant prepared, he sent it to my Lawyer who sent a poorly prepared application to the HO. Basically if you say you sold 2 laptops worth £4,000 to your client. In preparing the Profit/Loss, in the cost of sales section you put £1,000 there. How can that be explained?

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: ILR refused for late amendments

Post by Wanderer » Wed Mar 22, 2017 8:53 pm

strada wrote:
jarraj1102 wrote:
strada wrote:Hi All,

Advice needed here.

My ILR was refused after 13months of waiting and interview . I need the gurus to advise me on the way forward.

The reasons given were
1) Accountant error on my cost of sales
2) Advertising cost on P/L
3) Tax amendment issue - I had amended the previous one and I currently have a DD payment to HMRC.

In light of the issues am confused as to the next step to take should I go for the AR or do a fresh application or apply under FLR (M) as am also married to a British citizen.



My accountant and Lawyer messed me up big time.

Hi Strada,

Sorry to hear the news. I have waiting to hear a good news from you considering HO called you and apologized for the delay in making a decision on your application.

I sincerely think you have a strong case for AR .

Could you please tell me the points 1 & 2 raised by HO were they from the current employment or from previous employment?

Regards

Raj

Hi Raj / Tom,

Points 1 and 2 are from the recent application. It's a bit of an unusual one, as I never saw the P&L the accountant prepared, he sent it to my Lawyer who sent a poorly prepared application to the HO. Basically if you say you sold 2 laptops worth £4,000 to your client. In preparing the Profit/Loss, in the cost of sales section you put £1,000 there. How can that be explained?
Did you sign the accounts off as true and accurate?
An chéad stad eile Stáisiún Uí Chonghaile....

strada
Junior Member
Posts: 69
Joined: Thu Sep 15, 2016 7:32 pm

Re: ILR refused for late amendments

Post by strada » Thu Mar 23, 2017 9:41 am

Wanderer wrote:
strada wrote:
jarraj1102 wrote:
strada wrote:Hi All,

Advice needed here.

My ILR was refused after 13months of waiting and interview . I need the gurus to advise me on the way forward.

The reasons given were
1) Accountant error on my cost of sales
2) Advertising cost on P/L
3) Tax amendment issue - I had amended the previous one and I currently have a DD payment to HMRC.

In light of the issues am confused as to the next step to take should I go for the AR or do a fresh application or apply under FLR (M) as am also married to a British citizen.



My accountant and Lawyer messed me up big time.

Hi Strada,

Sorry to hear the news. I have waiting to hear a good news from you considering HO called you and apologized for the delay in making a decision on your application.

I sincerely think you have a strong case for AR .

Could you please tell me the points 1 & 2 raised by HO were they from the current employment or from previous employment?

Regards

Raj

Hi Raj / Tom,

Points 1 and 2 are from the recent application. It's a bit of an unusual one, as I never saw the P&L the accountant prepared, he sent it to my Lawyer who sent a poorly prepared application to the HO. Basically if you say you sold 2 laptops worth £4,000 to your client. In preparing the Profit/Loss, in the cost of sales section you put £1,000 there. How can that be explained?
Did you sign the accounts off as true and accurate?
Hi Wanderer,

Just looked at the P/L. I never signed it.

mk_engr
Newly Registered
Posts: 29
Joined: Wed Mar 09, 2016 12:53 pm

Re: ILR refused for late amendments

Post by mk_engr » Sat Apr 29, 2017 1:54 pm

Dear friends,
On 26th April it was a full hearing of JR regarding tax amendments and unfortunately the JR was dismissed by judge Collin in Field House. We don't know who was the applicant but his councel/barrister name was xxxxxxx. I know for applicant and all of us it is really depressing moment. However the game is still not over. He/she can go to court of appeal to challenge the decision.
My request is if the applicant is reading the message or someone who knows him personally then please pm immediately. As after receiving the written judgement we have just few days to launch the appeal.
Waiting to hear soon

User avatar
Casa
Moderator
Posts: 25817
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: ILR refused for late amendments

Post by Casa » Sat Apr 29, 2017 2:06 pm

mk_engr wrote:Dear friends,
On 26th April it was a full hearing of JR regarding tax amendments and unfortunately the JR was dismissed by judge Collin in Field House. We don't know who was the applicant but his councel/barrister name was xxxxxxx. I know for applicant and all of us it is really depressing moment. However the game is still not over. He/she can go to court of appeal to challenge the decision.
My request is if the applicant is reading the message or someone who knows him personally then please pm immediately. As after receiving the written judgement we have just few days to launch the appeal.
Waiting to hear soon
Members don't have the privilege of the PM facility until they have contributed 30 genuine posts on the forum.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

mk_engr
Newly Registered
Posts: 29
Joined: Wed Mar 09, 2016 12:53 pm

Re: ILR refused for late amendments

Post by mk_engr » Sat Apr 29, 2017 2:25 pm

They can leave some appropriate comments here, if possible

User avatar
CR001
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Location: London
Mood:
South Africa

Re: ILR refused for late amendments

Post by CR001 » Sat Apr 29, 2017 7:04 pm

mk_engr wrote:They can leave some appropriate comments here, if possible
Kindly refrain from naming people (applicant or solicitor) on the forum unless the records are publicly available and it has been a reported case, in which case you can post the court reported link.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

vut88
Newbie
Posts: 39
Joined: Sun Nov 06, 2016 2:33 am

Re: ILR refused for late amendments

Post by vut88 » Mon May 01, 2017 4:26 am

Hi SM03KUW, Any news for your variation application. Has HO accepted your variation? Pls let us know

SM03KUW
Newly Registered
Posts: 24
Joined: Sun Mar 19, 2017 8:13 am

Re: ILR refused for late amendments

Post by SM03KUW » Mon May 01, 2017 6:55 pm

vut88 wrote:Hi SM03KUW, Any news for your variation application. Has HO accepted your variation? Pls let us know
Yes, I got bio-metric letter on 25th April.

ITEXPERT
Newbie
Posts: 35
Joined: Sat Jun 04, 2016 9:58 am

Re: ILR refused for late amendments

Post by ITEXPERT » Sun May 07, 2017 5:18 pm

mk_engr wrote:Dear friends,
On 26th April it was a full hearing of JR regarding tax amendments and unfortunately the JR was dismissed by judge Collin in Field House. We don't know who was the applicant but his councel/barrister name was xxxxxxx. I know for applicant and all of us it is really depressing moment. However the game is still not over. He/she can go to court of appeal to challenge the decision.
My request is if the applicant is reading the message or someone who knows him personally then please pm immediately. As after receiving the written judgement we have just few days to launch the appeal.
Waiting to hear soon
Sorry didn't get that. Have you received your Jr decision?

yashpinz
Newly Registered
Posts: 10
Joined: Mon Jun 05, 2017 8:33 pm

Re: ILR refused for late amendments

Post by yashpinz » Sun Jun 11, 2017 8:04 pm

Hi Folks

Did anyone of you been granted right of Appeal? if Yes
Then what is the outcome of the Appeal?

Yash

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