ILR question due to tax return issue for unclaimed year

[sandy_06]

Hello All,

I will need the help with regards to my case.

I am on tier 1 visa and my initial visa application was granted during 2009 till Feb 2012, during this period i had to spend close to 2 years in india and then came back to uk on 10th oct 2011, then i applied for visa extension by post during feb 2012 the extension was successful and got my visa till June 2014 showing income from India, UK employment and UK self employment.
My tax return for the year 2011/2012 is correct and has both the employment and self employment details added.

I then stopped self employment for the year 2012/2013 and only had income from employment during this financial year, i did file my self assessment for this period and considering i did not have income from self employment i declared as zero.

i then continued my employment till dec 2013 and then started as a company director from jan 2014, for the next extension which i applied at PEO during May 2014 i submitted income from employment which got me the relevant points, i have been filling all tax returns since starting the company and the returns are accurate.

now i have booked in PEO in croydon during end of sep 2016 for ILR and while gathering all the documents and tax history i find my SA302 for year 2012-2013 the income declared is "0" and now worried and stressed on what my next steps should be.
I have now submitted HMRC with the tax amendment but not sure on the timeline for this to be updated.
should i go into PEO or should i wait for HMRC to update the tax returns will they give me an updated SA302?
i have obtained a employment history from HMRC and the details in that are correct for the year which is as per my P45 and P60.

any advice and guidance would be of great help, i am also planning to go in with a solicitor for my ILR considering this issue.

[sandy_06]

Any advice would be of great help please.

[longhorn]

I dont really understand your problem and not really sure why you sound so worried ?

By tier 1, I am assuming you are talking about Tier 1 General ? For the year in question when your self-employment income was zero, if you didn't show this year's income to HO for any of your previous applications then there's no need to worry or to apply for an amendment. There's no requirement to earn your threshold income every year. What HO wants to know is that there’s no discrepancy between the income you declared to HO and the income you declared to HMRC. If you didn’t claim any self-employment income from that financial year in past, there’s no reason to be worried about this. Also it’s your own choice but I don’t see any point of taking a solicitor with you for your PEO appointment. They can’t really influence the caseworker’s decision and cost a lot of money.

[sandy_06]

Thank you longhorn,
Yes it's for tier 1 general and I have now anyway gone and submitted an amendment to Hmrc now that I have done it should I wait for a response or go with a covering letter?

Also would you suggest me to go to Croydon or any other centre as Liverpool is the one which is closest.

[longhorn]

Thank you longhorn,
Yes it's for tier 1 general and I have now anyway gone and submitted an amendment to Hmrc now that I have done it should I wait for a response or go with a covering letter?

Also would you suggest me to go to Croydon or any other centre as Liverpool is the one which is closest.

I cant really advice on your next steps, its your call to make.

I personally dont see why you would write a cover letter to explain any amendment which was not even required. For ILR, your income declared to HO for your previous applications should match with HMRC. Do they match in your case ? if they do, I dont see any reason why you would write a cover letter to explain the amendment. If the caseworker specifically asks you for any amendments, you could say yes and tell them that it was not for the year you claimed in any of your previous applications to HO.