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Topic: SA302 absolutely necessary?  (Read 2879 times)

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SA302 absolutely necessary?
« on: October 26, 2016, 07:53:07 PM »
So HMRC told me the wrong thing.  Said 72 hours after my accountant filed my tax return, I could access the tax calculation/SA302 online.  Perfect because that is today and my in person appointment for my FLR(M) is tomorrow.  Well tonight they now say only my accountant can access that form online.  I have one tax year but not the second - got every thing else you can imagine to show them.  I am just at a loss as my accountant is on holiday.  Anyone else have trouble and not been able to provide SA302?


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Re: SA302 absolutely necessary?
« Reply #1 on: October 26, 2016, 08:15:35 PM »
So HMRC told me the wrong thing.  Said 72 hours after my accountant filed my tax return, I could access the tax calculation/SA302 online.  Perfect because that is today and my in person appointment for my FLR(M) is tomorrow.  Well tonight they now say only my accountant can access that form online.  I have one tax year but not the second - got every thing else you can imagine to show them.  I am just at a loss as my accountant is on holiday.  Anyone else have trouble and not been able to provide SA302?

That is one of the required documents for self employment as you know.

When does your visa expire, does the timing of your appointment allow for you to reschedule for a time when you will be able to provide it?


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Re: SA302 absolutely necessary?
« Reply #2 on: October 26, 2016, 08:58:25 PM »
got an email through to my accountant just now and she says she can't print it out either because she has an "agent's login".  Ugh so frustrating.

I have to keep my appointment - my visa expires Nov 2nd.  I have the tax return for last year, an online printout of my self assessment statement, and online printout of my tax calculation summary.  Seems that would be enough.  It's not like I'm on the threshold, I make over 2.5x that. 

I understand it is a listed required document, but considering my tax return timeline it is just not possible to have it.  Maybe they give me a pass or let me send it in next week when I get it in the post?  or maybe they deny me, I lose the money paid and then get labeled an overstayer or get deported?


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SA302 absolutely necessary?
« Reply #3 on: October 26, 2016, 09:05:27 PM »
The problem is that if even one document is missing, the visa can be refused - and they are strict on that... We've seen a few refusals due to missing self-employment documents over the last year or so.

If the visa is refused you wouldn't be labelled an overstayer or be deported - you would likely be given a certain number of days (i.e. 28 days) to either reapply or appeal the decision, before you have to leave.


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Re: SA302 absolutely necessary?
« Reply #4 on: October 26, 2016, 09:22:56 PM »
Thanks for the reply.

I have so much accountant documentation and everything else, but you are right - if I don't have the actual SA302 they have every right to refuse me.  It is just the thought of losing £1800 makes me sick honestly.  :\\\'(

I could always move my appointment back to Nov 2nd when my visa expires but there is not way I will get the SA302 in the post by then and if I don't thanks more money lost.

Fingers crossed it all works out tomorrow or they give me a few days to get the document to them.


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Re: SA302 absolutely necessary?
« Reply #5 on: October 26, 2016, 10:06:49 PM »
Is this is of any help?

Quote


You can get evidence of your earnings (‘SA302’) for the last 4 years once you’ve sent your Self Assessment tax return.

You can also get a tax year overview for any year.

You might be asked for these documents as evidence of your income, for example if you’re applying for a mortgage and you’re self-employed.

The tax year is from 6 April to 5 April the following year.

You may be able to:

    print the documents yourself - if you submit your return online
    get your documents sent to you by post


 Print the documents yourself

You can print your own tax calculation and tax year overview if you do your Self Assessment tax return using either:

    HM Revenue and Customs’ (HMRC’s) online services
    commercial software

Check that your mortgage provider accepts documents you’ve printed yourself.

You can’t print your documents until 72 hours after you sent your tax return.
If you use HMRC’s online services

    Log in to your HMRC online account.

    Go to ‘Self Assessment’, then ‘More Self Assessment details’.

If you use commercial software

If you or your accountant use commercial software to do your return, you’ll need to use that software to print your tax calculation. It might be called something different in the software - for example ‘tax computation’.

Contact the company that makes the software if you have trouble printing.

You can still print a tax year overview from your HMRC online account.

https://www.gov.uk/sa302-tax-calculation


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Re: SA302 absolutely necessary?
« Reply #6 on: October 26, 2016, 10:19:42 PM »
thanks larrabee

I have seen that today.  HMRC is saying since my accountant filed the return only she has access to the SA302.  Now she is saying she can't download it - it is only something that is posted via HMRC to the taxpayer.  So confused and the numerous people I spoke to today at HMRC were not sure of the process fully. 

I have managed to print out a tax overview and fingers crossed it will be enough.  I'm including all the documentation and reports that my accountant gives me for each tax year.  I am also including paid invoices - even though I don't see anywhere that it asks you for them.  Just in a panic.

I know it used to be said don't give too much paperwork only what is required, but with this self employed route of verification the visa application guidance is vague.

I will keep you posted.  Thanks for replying :)


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Re: SA302 absolutely necessary?
« Reply #7 on: October 26, 2016, 10:32:45 PM »
I would try your accountant once more in the morning. Maybe the 72 hours hasn't quite finished yet and that's why she cant print it? It really looks like she should be able to.

Fingers crossed it all works out for you tomorrow.



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Re: SA302 absolutely necessary?
« Reply #8 on: October 27, 2016, 07:59:48 PM »
Well turns out the SA302 was not an issue at all - no mention of it missing.  Visa approved but....
I have been place on a 10 year wait instead of  from my last visa in 2014.  I was a sole trader for the full tax year 2014-15 making 38K and for next tax year from April 1- Feb 26th 2016 making 32K.  Issue is that I went limited after 26th Feb 2016.  Therefore at the day of application (today) I am limited not sole trader.  Therefore I did not submit a "full" tax year so being placed on a 10 year wait from today.  That's every 2.5 years this same crap again until 10 years are up. 

Who know what goal post will be moved each year.  I will be married to my husband for 17 years at that time.  I would have been in the UK for 15 years total (my first spouse visa was 2009-2012 then I left to go to US and came back in 2014).  Makes no sense at all.  Seems I am being penalised - and for what? making too much money? paying my taxes? paying extra money into the NHS? or for being an idiot and taking the outcome they give me?


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Re: SA302 absolutely necessary?
« Reply #9 on: October 27, 2016, 08:10:27 PM »
Well turns out the SA302 was not an issue at all - no mention of it missing.  Visa approved but....
I have been place on a 10 year wait instead of  from my last visa in 2014.  I was a sole trader for the full tax year 2014-15 making 38K and for next tax year from April 1- Feb 26th 2016 making 32K.  Issue is that I went limited after 26th Feb 2016.  Therefore at the day of application (today) I am limited not sole trader.  Therefore I did not submit a "full" tax year so being placed on a 10 year wait from today.  That's every 2.5 years this same crap again until 10 years are up. 

Ah, okay - what happened then was that you didn't qualify for the FLR(M) visa under the self-employment category and instead of refusing your visa, you were placed on the 10-year route to ILR instead.

As you were not a sole trader for the entire 2 financial years, you actually could not meet the financial requirement as self-employed. The SA302 wasn't an issue because you didn't qualify anyway.

This is why self-employment is such a tricky category to apply under, because you have to meet the requirements exactly in order to qualify, and something seemingly as trivial as switching from sole trader to limited company partway through the financial year can prevent you from qualifying :(. I'm guessing that if you had switched after April 6th, you would have been fine.

I believe it is possible to switch back to into the 5-year route later on, but from what I read the other day, it sounds the 5 years starts over again from the time you switch back.


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Re: SA302 absolutely necessary?
« Reply #10 on: October 30, 2016, 09:37:39 PM »
Ah, okay - what happened then was that you didn't qualify for the FLR(M) visa under the self-employment category and instead of refusing your visa, you were placed on the 10-year route to ILR instead.


I've just had a read of the actual letter that was given to me when my visa was issued last Thursday.  It seems I have only been allowed to get the visa and stay because I have a child.  After is states I didn't do a "full" tax year as sole trader or limited, etc. it goes onto say...

"Consideration has been given under paragraphs R-LTRP.1.1 (a), (b), and (d) of Appendix FM which includes the exceptions paragraph EX.1 (a) and (b).

It is noted that you have a British Child (name) born on (date) with your partner (his name).

We are satisfied from the information you have provided in the form and the birth certificate that you meet the relevant eligibility and suitability requirements and you have a parental relationship with a child and it is not reasonable to expect that child to leave the United Kingdom.

Because of your particular circumstance you have been granted leave within the Immigration rules under D-LTRP.1.2 of Appendix FM"

I'm grateful and all but holy cow - basically I am now here on a pity visa...not one that shows I have actually earned it...just here because I have a kid? Wondering now if in the future they don't care about my earnings or just the fact I have a kid here?  I now know why some people use the system, come here to have a kids just so they can stay.

It goes on to say I needs to be here 120 continuous in order to qualify for settlement.

Says...
"Providing you continue to meet the relevant legislation at the time of application, you should apply for further leave prior to the expiry of your current leave via a charged application.  Subject to getting that criteria you will be given a further period of leave of 30 months."

Definitely getting a solicitor to help me understand things ASAP.  Truth is, my husband is self employed - sole trader for many years now - and has made the £18,600 but he doesn't use an accountant so we didn't use his income.  I wonder if I could appeal it and use his earnings to make things happen quicker or if I am stuck with this decision.  Going to speak to a solicitor tomorrow. 


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Re: SA302 absolutely necessary?
« Reply #11 on: October 30, 2016, 09:58:28 PM »
I've just had a read of the actual letter that was given to me when my visa was issued last Thursday.  It seems I have only been allowed to get the visa and stay because I have a child. 

Your visa was granted outside the rules under Article 8 of the European Convention of Human Rights, which aims to keep families together if at all possible.

So, yes, your visa was granted because it would be considered against your Human Rights to either separate you from your child, or make your UK citizen child leave the UK.

Quote
I'm grateful and all but holy cow - basically I am now here on a pity visa...not one that shows I have actually earned it...just here because I have a kid? Wondering now if in the future they don't care about my earnings or just the fact I have a kid here?  I now know why some people use the system, come here to have a kids just so they can stay.

You were granted your visa based on your human rights to remain with your family in the UK (Article 8 ) - that's the entire basis of the 10-year route. Everyone who is granted a 10-year visa will have received it on a similar basis, even if they don't have children.

It's for people who are unable to meet the financial requirement, but whose human rights would be breached if they were forced to leave the UK and therefore split up their family. So, even if you didn't have a child, you should still have been granted the 10-year visa.

Quote
It goes on to say I needs to be here 120 continuous in order to qualify for settlement.

Yes, that's the requirement for the 10-year route.

Quote
Definitely getting a solicitor to help me understand things ASAP.  Truth is, my husband is self employed - sole trader for many years now - and has made the £18,600 but he doesn't use an accountant so we didn't use his income.  I wonder if I could appeal it and use his earnings to make things happen quicker or if I am stuck with this decision.  Going to speak to a solicitor tomorrow.

Were you given the right to appeal?

If so, then, yes, you could try appealing it, especially as you would have met the requirements if you had used your husband's income and were able to provide all the required documents.



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Re: SA302 absolutely necessary?
« Reply #12 on: October 31, 2016, 11:09:14 AM »

I now know why some people use the system, come here to have a kids just so they can stay.

It really isn't that easy anymore as that has all been shut down under the 2012 immigration rule changes . Even if some do get to stay based on a child, often that can just be a temporary visa for the parent/s until that British child is age 18.

You have got the 2 and a half year visa times 4 that can lead to ILR. This is because although you didn't meet the financial requriements for a second spouse visa, you have a British baby with your British partner whom you live with.




« Last Edit: October 31, 2016, 11:49:34 AM by Sirius »


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Re: SA302 absolutely necessary?
« Reply #13 on: October 31, 2016, 11:41:20 AM »
So, even if you didn't have a child, you should still have been granted the 10-year visa.

It seems to be for those who had a valid visa to be in the UK (not on a visitor visa) and then only if they have a British child with their British partner.

Lots without a child, reporting on forums that they couldn't make the financial requirment for another visa and have been refused the 10 year route because there are no "insurrmountable obstacles" why they can't have their Family Life in their own country. 









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Re: SA302 absolutely necessary?
« Reply #14 on: October 31, 2016, 11:47:57 AM »
It seems to be for those who had a valid visa to be in the UK (not on a visitor visa) and then only if they have a British child with their British partner.

Lots without a child, reporting on forums that they couldn't make the financial requirment for another visa and have been refused the 10 year route because there are no "insurrmountable obstacles" why they can't have their Family Life in their own country.

Ah, okay... that's interesting - I assumed it was just a case of 'can't meet the financial requirement, okay, you're going on the 10-year route'... at least, that's what it sounded like they were going to do from what I read in the guidance.


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