deception ILR refused

[ankurmewara]

please need help

I applied for ILR Last month ,but Its been refused ,as i was alleged used false payslips when i applied for tier 1, but they extend my tier 1 extension after that . now after 5 years , they said me this reason, i am here from last 8 years and nothing wrong has been done , everything is complete legal .what option I have ?? its very hard to go back to home country after such a long time,

please any suggestion or anybody have the same situation ,

thanks

[iffi786]

Did u apply by post or peo. And the payslips u provided still u working in that company or not ...

[jayacpr]

Could you explain more about your scenario please.
when were you told you have used false payslips???

could you please explain ...
thank you

[ankurmewara]

a applied by by premium service. i am not working in that company .

in 2010 when the tier 1 came , we have to show £20000 and i was having £8000 short . for that some guy came to me and said there is legal but in direct way and u have to pay tax on it. he make me as an IT consultant and transfered me £2000 in my account for 4 months . then i stopped , but i paid insurance and tax . the people (which i found out now ) had been caught and either deported or left . they dint put me any criminal case against me , but used deception as a refusal .

i have given the option of administrative review ( only in case error ) . and i dont know what other option i can have now ???

please suggest ..

[argus7]

Was the amount 2000 * 4 used as PAYE or on self employed income, Was HMRC aware of this second job.income.

If Not, then has the tax and NI been paid to HMRC and other govt departments. It looks like not hence deception is imposed.

When you got paid did you get a P45/P60 after leaving this employment? Its clear that fraud company hasnt paid tax /NI and its cost you this deception.

You will need a highly competent lawyer to fight this case, But you need evidences that your taxes have been paid.

[ankurmewara]

i have the proof that i paid taxes , also home office except it. but what they saying is i paid them money and they paid me back into my account . its like a circulation of money .

[argus7]

i have the proof that i paid taxes , also home office except it. but what they saying is i paid them money and they paid me back into my account . its like a circulation of money .

Can you explain a bit more I am confused. HMRC paid you back? Do u proof from HMRC about tax paid?

[argus7]

There is nothing you can do. Unless you have proof from hmrc about that employment and tax paid.what proof do you have

[smeer123]

actually u can still fight untill u dont admit tht it was false....cuz they dont have any evidence against you....they might have evidence against tht company....and if company doesnt pay ur tax or NI its company's trouble not urs....u ve payslips and money has come in ur account...fair enough on ur side....

[argus7]

You can't fight here unless you have evidence of tax paid via Self Assessment or via P45/P60 when the employer declares.

Its also the employee responsibility to check his/her annual tax records and check for discrepancies.

The OP mentions that the people who paid him have been deported or caught, so this case is near impossible. If this was a trading company then things could have been different. Its important for the OP to post details I asked in the first place.

[Bri2015]

Hi

It is not your fault .

Still do you have valid visa?

Is this self employed or PAYE?

If it is self employed, have u paid tax?

what is your circumstances?

Could you provide whole / more details, if you have good solicitor you can win. You spent 8 years in this country and you did not do any any wrong with your knowledge, so you can win

[smeer123]

I dont understand one thing....if it was paid by payroll or payslips den how come he has proof of it

[iffi786]

The guy how post it he is missing and u guys assuming he just playing

[argus7]

The guy how post it he is missing and u guys assuming he just playing

This tax evasion. Fake payslips

[naveediiqbal]

Need more infor from OP mto correctly understand the situation

[argus7]

OP has posted that he was duped by a fraud company, not paid his tax and NI and cut from his payslips is what I gather.

[iffi786]

So it is not salf emolyment tax return issue

[Casa]

There doesn't seem to be much point in continuing this discussion. As the OP appears to have stopped replying to posts, everything now is simply guesswork and going nowhere.

[jayacpr]

If i understood weel , the payslips you ave submitted in 2010 , is causing prob now? or you had prob in 2010 ???

[jayacpr]

isnt it companys fault not paying NI and tax , as the company can be dissolved or go bankrupt, how can be employees liable to that ?

[hellonewhere]

isnt it companys fault not paying NI and tax , as the company can be dissolved or go bankrupt, how can be employees liable to that ?

If you have been paid regardless of before or after the company has been declared insolvent or has been dissolved; if you are under the PAYE scheme, the tax and NI would have been already deducted when you got paid.

If you got paid a certain amount and no tax and NI has been deducted, it is your responsibilty to ensure that it's paid.

[jayacpr]

thank you for you reply
NI and TAX has deducted when i got paid , in my initial application in 2011 !!, but after this post just checked the company , its been dissolved in 2012 .

[naveediiqbal]

thank you for you reply
NI and TAX has deducted when i got paid , in my initial application in 2011 !!, but after this post just checked the company , its been dissolved in 2012 .

IMHO then there was no deception on your part then. Please get a good solicitor to fight and hope you will be good.

[4s6s]

Hi Guys,

After going through all the earlier comments, i am thinking if my case is somewhat similar to the OP.
My ILR is due in July and Iam bit worried about my initial application.

Initial application: Tier1 2010 - Employed
Tier 1 Extension : 2012 (Employed + Limited company director)
ILR: july 2015 (Limited Company Director)

The initial company i was employed is dissolved now and Iam not sure if they have paid any taxes. All I got were payslips and no P60/P45. I used them for my initial application by post and it was successful. I got extension fine as an employee of another company + ltd company director. Last year my wife got PBS dependent visa with my ltd company docs without any issues.

Now what iam concerned is, if my initial employer hadn't paid my tax, will UKBA hold me responsible and reject my ILR??
Please need some expert advise here

[jayacpr]

HI 4s6s , similar situation