Tier 1 General (5 Year) to ILR Application Tax Issue

[SavilleR83]

Hi All,

I Currently have a Tier 1 General Visa that will Expires on 07th Oct 2016. I have been told that i can apply for ILR, From the 5 Year continuous work stream.

My Questions are,

Do I have to keep my previous years Tax records without any issues and Does UKBA cross check them for the last 5 year records with the HMRC even though i use the Premium service for the new application?

If there is a miss match in HMRC'S SA302 records with a claimed earnings for a previous years, (Through Self Employment) how should i rectify it with the HMRC on time before i apply in October?

How long would it take to HMRC to update the SA302 forms?

How do i proof if HO ask for it at the time of Application Submission?

And any previous experience, thoughts on this matter would be highly appreciated.

Thanks in Advance,
SavilleR

[mbili2013]

Hi mate,

yes even on premium service HO ll check your prev 5 years tax record. SA302 fig will not be changed if they are more than 3 or 4 years old like 2010/11/12 etc. So unfortunately every one on Tier-1 general has similar situation. All the best..

[sas_sas]

What mismatches are you seeing in your SA302? Are they matching with the figures in P60?

[teddy0409]

http://www.immigrationboards.com/indefi ... 12487.html

[SavilleR83]

Hello mbili2013,Sas_sas, Teddy0409

Thank you all for their inputs.

I have managed to amend one of my Tax Returns for year 2012 as there was a mismatch between the figures and what i have submited TR first time. After going through with all my SE Documents for that year, I found out that i have done a mistake while submitting my Tax Return online. All being now rectified and declared with HMRC before 2 months applying for ILR.

Amended Tax Return Declared: 08 Aug 2016
Applied ILR by Post : 01 Oct 2016
Bio Matrics Given: 18 Oct 2016

And still no news after that. ( but do receive their monthly Email, saying its still under consideration and will give a decision within 6 months)

The other thing i'm bit worried about is, HO Still haven't taken my Application fee (£1875.00) from the bank account, which they normally do before processing the Bio Matrics. In all my previous applications, extensions they took the Fee first and then proceed with the Bio matrics etc etc.

Does any one had similar scenario?

Or is it just they being Busy processing other applications?

Should i be worry about this?

What chances are there for granting ILR, For applications with Tax Amends? (On the basis of human error while doing the tax return and basically not to decieve the system)

Thanks for any insight.

Regards,

SavilleR83

[Casa]

If you search the forum you will find numerous refusals due to the HO taking the view that tax amendments were only made in order to succeed in an ILR application .

[Happy85]

If you search the forum you will find numerous refusals due to the HO taking the view that tax amendments were only made in order to succeed in an ILR application .

what should we do if refusal. why HO not issue ilr .even thousand of applicants pay amendment tax why HO don't see how much we suffer.

[SavilleR83]

If you search the forum you will find numerous refusals due to the HO taking the view that tax amendments were only made in order to succeed in an ILR application .

what should we do if refusal. why HO not issue ilr .even thousand of applicants pay amendment tax why HO don't see how much we suffer.

Hi Happy85, Casa,

Thanks for the input.

I agree with Happy85. My point is, if you have identified the error you made, and rectify it beforehand, HO Should treat it as a genuine application. Fair enough for refusals, if HO Checks HMRC and then found out applicant hasn't paid correct taxes or declared them. Which is totally decieving the HO and HMRC on taxes.

What would concern me is that, some applicants who has amended the tax return before application submit and got ILR and some has rejected.

Seems like it totally depends on the case worker.

SavilleR83

[Casa]

The pertinent question the HO will ask is why tax amendments have only been made shortly before an ILR application. Some members have tax discrepancies dating back to several years and only rectified when ILR is due.

This is partially why the Tier 1 General route is now closed.

[Happy85]

If you search the forum you will find numerous refusals due to the HO taking the view that tax amendments were only made in order to succeed in an ILR application .

what should we do if refusal. why HO not issue ilr .even thousand of applicants pay amendment tax why HO don't see how much we suffer.

Hi Happy85, Casa,

Thanks for the input.

I agree with Happy85. My point is, if you have identified the error you made, and rectify it beforehand, HO Should treat it as a genuine application. Fair enough for refusals, if HO Checks HMRC and then found out applicant hasn't paid correct taxes or declared them. Which is totally decieving the HO and HMRC on taxes.

What would concern me is that, some applicants who has amended the tax return before application submit and got ILR and some has rejected.
thanks for reply
in my case i had amendment tax £25k for 2010-11 which i spoke to hmrc and they agreed with installments.so still paying installment for 2010-11 every month. when i extend my visa 2013 for that year i did not pay tax and i paid in 2015 for that year. so in my case what you think what decision should be come.
and i got this email last week from HO.

Thank you for your application for permission to stay in the UK.
Although we would normally decide your application within six months from the date it was submitted, unfortunately this is not going to be possible in your case.
This is because your application raises exceptionally complex issues and we require further time to consider your case thoroughly and reach a decision.
I am sorry for the delay in dealing with your application and for the inconvenience this is causing. Please be assured that we are doing all we can to make a decision on your case as quickly as possible




Yours sincerely


Temporary Migration Team 11

UK Visas and Immigration
PO Box 3468
Sheffield
S3 8WA
Web: http://www.gov.uk/uk-visas-immigration

[Casa]

Why were there discrepancies and why late amendments

[SavilleR83]

Hi Happy85,

My scenario is not this complex i guess. As i only made a one mistake in 2012 year Tax Return as i mentioned earlier. and the rest of the years Tax records are up to date.

When did you apply for your Tier 1 General extension?

Could you tell me when you applied for the ILR?

Regards,
SavilleR83

[SavilleR83]

Why were there discrepancies and why late amendments

Hi Casa,

I know what you mean. This can be viewed from two different perspectives. One can say its basically for the sake of ILR application. And others can argue its a human error and people do mistakes. Realising the error and rectrifying it as soon as you showing your loyality to the HMRC tax rules.

I think if any of the applicants who hasn't paid Tax as they declared in previous applications and when HO runs checkes with HMRC, Then the scenario is a whole different story. Fair enough for HO to refuse the application on the base of deceiving the Law and ignoring the standard.

As i said, when reading through others who had ILR granted after Tax amendments and rejected after Tax amend, totally depend on the Case worker.

Said that, as far as im aware, there is no direct co-relation with previous tax payments and Points you claim for the current ILR application. However, Case worker has the power to use the Previous tax payment records to identify the loyality of the applicant to the british laws.

For all those who amend Previous tax returns, i wish all the best and all will get through this final hurdle.

Just be positive and start praying!