ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

ILR Refused - SA's not submitted

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

Locked
Faismas
Newly Registered
Posts: 2
Joined: Fri Jun 17, 2016 10:03 am

ILR Refused - SA's not submitted

Post by Faismas » Wed Jul 13, 2016 2:04 pm

This is not a new topic, just want to share my story and wants a good suggestion or advice.

I did applied for my ILR from Tier 1 (general) route on 15/04/2016 at Birmingham PEO on the same day when my Tier 1 visa expired. Got refused because I didn't submitted SA's for the years 2010 to 2015.'322-5'
I was the director of Ltd company, paid all the corporation tax on time but was not aware of Self Assessments needs to be submitted. (The company was closed in Jan 2016)
On 28/04/2016 I applied for Admin Review which was also refused on 25/05/2016. Before applying Admin review my accountant submitted all the SA's.(Accountants tax calculation shows that I am around £1390 tax underpaid which arise from two employments which I had in the past and HMRC already knows about it, there is no tax on dividends which I draw from the company)
On 09/06/2016 I have applied fresh application with all the proof that I have submitted all the SA's with a solicitor letter. Also I have included the accountant letter which shows that all the SA's are submitted.
It is to be noted that SA's for the year 2012/2013, 2013/2014 and 2014/2015 are done by online which is already updated but the 2010/2011 and 2011/2012 are not dealt with yet as HMRC take at least three months to update the paper submission. HMRC said it will be done before 27/07/2016
I have submitted my bio metrics on 06/07/2016 now waiting for the decision from Home office.

I have done everything which my solicitor said, now I am not sure what are the chances to approve my application this time. As I have seen so many similar cases on this board. Please give your valuable advice.

monty87
Member
Posts: 103
Joined: Thu Jun 02, 2016 11:05 am

Re: ILR Refused - SA's not submitted

Post by monty87 » Wed Jul 13, 2016 5:00 pm

Not filing a tax return at all does come under negligence/carelessness which isn't credible explanation and you had tax due. HO can still refuse it based on dishonesty and decietfulness based on previous application.Hope you have now paid tax to hmrc for last five years prior to 2nd application and solicitor letter should state that you have justified all discrepencies previously raised by home office with intentions to rectify mistakes and pay tax liability as soon as possible and 322(5) should not apply to you. (it's difficult to justify negligence and dependant on caseworker discretion). Be prepared to create grounds for AR/JR to prove your innocence not to have intentions to mislead govt department at the first place.

Faismas
Newly Registered
Posts: 2
Joined: Fri Jun 17, 2016 10:03 am

Re: ILR Refused - SA's not submitted

Post by Faismas » Thu Jul 14, 2016 9:21 am

Thanks Monty87
The tax which I had HMRC already know about it and before applying for my ILR, HMRC sent me the letter that they will deduct the underpaid tax by tax code.

Locked