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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7476
Experience:  BA (Hons), PgDip, Practising Solicitor
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Im currently due to apply for british citizenship having lived

Customer Question

I'm currently due to apply for british citizenship having lived in the UK as an HSMP/Tier 1 visa holder for the past 6 years. I currently have an Indefinite Leave to Remain (ILR) visa.
The problem is, though I've paid all my PAYE, VAT, NIC and income tax up to date, I have corporation tax liabilities. I feel strongly obliged to clear these taxes and I'm making a lot of efforts to clear them as we speak. Could you please advice if I stand any chance of having a successful citizenship application with these outstanding corporation tax ?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.
Hi

When were the monies due to be paid?

When will they be paid?

Tpm
Customer: replied 3 years ago.

The corp tax is already outstanding for over a year and I'm paying in installment already. I'm looking at selling my assets to clear them before the end of this year.

Expert:  Thomas replied 3 years ago.
Hi

Will you wait until you have paid the money back before you apply for naturalization?

Tom
Customer: replied 3 years ago.

If there is a chance that the application will be successful (considering the fact that I've paid all other taxes except the outstanding corporation tax), I will apply immediately, otherwise I will wait till the outstanding is cleared.

Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your patience.

Generally the good character requirement is restricted in terms of it's financial element to your personal taxes and whether or not you are a bankrupt or have been in the past.

However, in the case of corporation tax if it is clear that the company's limited liability status is simply a protection for you in that you are sole shareholder and sole director and the company has a very poor corporation tax record then this can cause problems.

If there are other shareholders and you don't have full control of the company then you will still probably be fine applying before the monies are paid off completely.

However, if you are sole shareholder and director then I would advise paying them off before you apply. You may still be okay in applying before, but having regard to the large fee payable for an application for naturalisation I would play it safe.

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Kind regards,


Tom



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