Commercial property investment

[rahul190]

Yes, that can be amend through self assessment tax return under 17-18.

Though employement after July, 14 is major concern for me and don't know if I get chance for AR or Fresh Application in case of refusal?

[marcnath]

Yes, that can be amend through self assessment tax return under 17-18.

Though employement after July, 14 is major concern for me and don't know if I get chance for AR or Fresh Application in case of refusal?

You will be probably be able to go for AR or fresh application in case of a rejection. AR will not help but fresh application with a proper explanation will. I say probably because there is a chance that HO can determine that you gave false information in your application- I assume you answered No to whether you had other jobs.

It is difficult to say whether sending documents now is better or doing it on a fresh application is better.

If you had good evidence of the stop of employment e.g there was regular salary credit before and stopped after, then I would have said it would be better to send those now.

But since it appears your employer reported 4 months of employment to HMRC after you got the visa (maybe paid NI/PAYE), HO is unlikely to accept a letter from the employer alone as evidence. In which case it may be better to hope they don’t find it.

But your call - it is a difficult one

[rahul190]

Hi,

Self assessment tax return for 14/15 that has been submitted(to HO) shows no tax payment as business was in loss, but now salary that will be declared for actual employment for 14/15 is less than £3000, which has outcome of no tax payment for that year.

1. Would that still work in against for me?
2. I have took corrective action now for employment of few months after Aug, 14 and for tax return 14/15, can I still send it to HO?

application submitted over 6 months ago

[rahul190]

Also, if I get interview, can I give this explanation through interview about few months employment and tax return of 14-15 and give evidence?

[marcnath]

Hi,

Self assessment tax return for 14/15 that has been submitted(to HO) shows no tax payment as business was in loss, but now salary that will be declared for actual employment for 14/15 is less than £3000, which has outcome of no tax payment for that year.

1. Would that still work in against for me?
2. I have took corrective action now for employment of few months after Aug, 14 and for tax return 14/15, can I still send it to HO?

application submitted over 6 months ago

You can, of course, send the documents still. It is tough to say how useful it is. You can add a cover letter stating you recently noticed this error though my biggest concern would be that there is no independent evidence to back up your assertion that it was an error. So you may end up just bringing it to their attention
Honestly, I am not comfortable suggesting either option.

[marcnath]

Also, if I get interview, can I give this explanation through interview about few months employment and tax return of 14-15 and give evidence?

The important thing is to never give false information. If you do have an interview and you are asked the question, you need to answer correctly and provide the explanation.

[rahul190]

Hello,

Thank you for your previous response..

At any stage if my case becomes different, I have two and half years left for 10 years route, is there any stage where I can change route?

[rahul190]

Hi macnarth,

1. Accountant did not help me to update my employment history with hmrc after July, 14 due to his personal reasons with employer and we had massive arguments..

No updates has been done unfortunately

2. Tax returns should show actual salary declaration from April, 14 till July, 14 under employment and salary declaration from my self employment since Dec, 14 for self assessment tax return 14-15 .. Amendment will be done in 17-18 self assessment tax return, missing salary declaration of 14-15 into 17-18

3. Question under application for worked during entrepreneurship visa period answered NO, as I explained its discovered recently

Please help with following questions
1. In case of interview
If asked did you work after ent visa granted?
At this stage confused for should I answer yes or no

Answer yes will be clear rejection and will highlight issue to cw straight

Answer no can only provide explanation by self assessment tax return salary declaration but no update with hmrc employment history

3. If lucky, ho do not discover this issue and approved visa. Then due to accountant not helping to update employment history, would the issue can be a problem while ILR application?

(really critical situation- spent £200k, all at risk)

Please suggest your finest advice

[marcnath]

Sorry, but I can't give any advice. Just my personal opinions and it is up to you to take your own conclusions and decisions.

If you have not worked, then my opinion is that you can continue to say No if it comes up in the interview because that would be the truth.

Whether you then follow up and explain that you are aware of this mess up is up to you. It is a tough one but if it were me I would not raise it unless I get some hint that they knew about it. (e.g. if they repeat the question after I say No initially)

And yes, the issue can still come up in your ILR if it gets missed now.

[rahul190]

Your opinion is helpful and it's better to wait.

Few weeks ago I called to HMRC for employement history and explained about situation, advice given by hmrc officer couldn't follow up due to accountant did not respond to me as he should have.

Now hmrc aware of this issue and my concerns is if HO put check through HMRC for my previous records it will come up as hmrc has received call about employment records mistake but no action has taken.

Any impact could this make on outcome?

[rahul190]

Hello,

It's been a while that I have been trying to find a way out for my above mentioned situation for employement and no where I'm near to prove that I have not worked for employer or no paper trail that could support my argument

1. Hoping they would not find out is one situation
2. If I state that I have not worked and get rejection with only reason then I would not be able show enough paperwork to prove that.

3. If I accept that I have worked during this period of tier 1 because I'm not able to prove my scenario, if that turn out only reason for rejection, do I have a chance of expecting a flexibility from Ho in fresh application or in JR?

This is an only reason has raised me a lot of concern for all my efforts throughout.

Please give your suggestions as I will be facing any one of above mentioned situations, would appreciate your answers for 2 and 3 point