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Bank Statements Serious Issue

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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worriedone
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Bank Statements Serious Issue

Post by worriedone » Fri Aug 07, 2015 3:49 pm

Hi,

I'm due to apply for ILR next May and will be going on fully employed PAYE basis required earnings is £35,000.

For ILR I know I will have to show the last 12 months bank statements and payslips. I think I might have a serious issue with my bank statements for June and July where I messed up by receiving 3 transactions mentioned below that came from my cousins employer. He had given my bank details to his new umbrella employer as for some personal reasons (divorce) he didn't want these in his bank account and I offered to help. However a friend of mine said that the case worker might think this is income that I earned and might put my application under investigation?

1. 10 June £4076.89 - no reference - returned £2500 to cousin on 22nd June, then returned £3000 on 15th July (including a previous amount)
2. 17 July £3727.16 - reference as Sub Contractor Pay - returned to cousin on 20th July
3. 20 July £1522.69 - reference as Sub Contractor Pay - returned to cousin on 21st July

I told him to stop all transactions to my account right away as this could appear very dodgy. Now I'm very worried that when the case worker will look at the bank statements and think that I have other sources of income which I'm not including in my application or haven't disclosed and then they take months to verify all these?

I would really appreciate any advise or suggestions you guys can give please? Can any of these options below help?

1. Getting a letter from my cousins employer confirming that these payments were made to my account on my cousins request? Will I need to explain why he used my account?

2. Just ignore and see what happens as its only 2 months out of 12 that this has happened? If I don't mention or say anything about these transactions will this be a problem?

I'll be hugely thankful if you guys can give some suggestions on this, at the moment I'm just clueless.

Thanks

worriedone
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Re: Bank Statements Serious Issue

Post by worriedone » Sat Aug 08, 2015 8:43 am

Guys over a 100 views, no reply. Can senior members please suggest what I can do in my case here with the bank statements please?

akan
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Re: Bank Statements Serious Issue

Post by akan » Sat Aug 08, 2015 11:29 am

Dont panic ... Use a simple trick .. Just highlight the transactions with colored marker you want to claim as part of application.

For transactions came into your account as part of your cousins contract, no one have answer to that questions. This can be or cannot be investigated. The reason behind that is you have to declare taxes what you earn and earnings come into bank or building society account. Now if your cousin have nothing coming in his bank account then he have nothing to declare to HMRC where as he is earning via contracting.

So to minimise the questions from case worker just highlight the transactions you want to claim.

worriedone
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Re: Bank Statements Serious Issue

Post by worriedone » Sat Aug 08, 2015 8:34 pm

Many thanks for your suggestion akan. I'll highlight all the transactions that I'm going to claim as per my pay slips.

My cousins contract with the umbrella company is on paye basis i.e they are paying all the tax on his behalf. So I'm guessing all his earnings will be declared to hmrc. If the case worker wants to investigate then how far can they go? And if they investigate what can they ask? Do you think I should be prepared for this?

chocolateorange88
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Re: Bank Statements Serious Issue

Post by chocolateorange88 » Sun Aug 09, 2015 5:38 pm

why do you need to put 12 months? my husband only put 3 months bank statement and 3 months payslips and his was granted at PEO in 2 hours

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CR001
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Re: Bank Statements Serious Issue

Post by CR001 » Sun Aug 09, 2015 6:22 pm

chocolateorange88 wrote:why do you need to put 12 months? my husband only put 3 months bank statement and 3 months payslips and his was granted at PEO in 2 hours
Your husband applied as spouse of BC. The OP is either a Tier 1 or Tier 2 migrant where 12 months bank statements is required. The rules and requirements are different for the different categories.
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HelloitsmeAbby
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Re: Bank Statements Serious Issue

Post by HelloitsmeAbby » Sun Aug 09, 2015 6:53 pm

Maybe you should read up before you post chocolateorange88

worriedone
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Re: Bank Statements Serious Issue

Post by worriedone » Sun Aug 09, 2015 7:41 pm

I'll be going under Tier1 route to ILR so need 12 months bank statements. I spoke to my cousin again and I was wrong he told me that he is not on paye basis. Worst case I'm thinking if they ask me any questions I'll just provide my cousin's details directly so he can confirm any details HO need.

akan
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Re: Bank Statements Serious Issue

Post by akan » Sun Aug 09, 2015 8:28 pm

Here is a suggestion.

Take a written statement from your cousin on A4 sheet explaining in detail why he used your account for funds transfer and why he didnt use his account. He should date and sign the statement and attach copy of his passport date and sign as well. Provide his full contact details on letter.

Secondly take the letter from his employer stating what job he doing with them and that xyz account is used to transfer his salary, date, sign and stamped.

Dont give out these to CaseWorker unless he/she ask for any clarification.

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Casa
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Re: Bank Statements Serious Issue

Post by Casa » Sun Aug 09, 2015 10:02 pm

Are you sure your cousin didn't use your account to avoid paying tax on earnings? :? You will need to be prepared to explain where the deposits came from as the case worker may suspect that these are your own additional earnings that you have withheld from HMRC.
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

worriedone
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Re: Bank Statements Serious Issue

Post by worriedone » Sun Aug 09, 2015 10:58 pm

No, just for divorce reasons he didn't want these amounts in his account for a few months. I'm pretty sure he already has 2 accounts but I was very naive and in a way let him axe my leg. I feel deceived to be honest coz he never told me that he was not fully on paye basis otherwise I wouldn't have ever let him transfer even the money he owes me.

I'm really worried and don't know what else to do. From my perspective I really didn't know about these until they came into my account. I'm thinking if asked by case worker can I just say that I was totally unaware of were these came from and it turned out my cousin had given his employer my account number and I had no knowledge about this? Then give my cousin's details to explain the situation? I'm not even registered as self employed, and I've been working for the same employer for the last 6 years.

My cousin has promised to take full responsibility of this in any case. But it will be me facing any consequences, but how far can case worker go on this if I accept no responsibility? Also it's only 2 months with 3 transactions where this happened and I'm not even claiming these? Can they refuse my ILR application solely on this basis? Is it worth getting a solicitor represent me?

akan
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Re: Bank Statements Serious Issue

Post by akan » Sun Aug 09, 2015 11:43 pm

Financial disclosure to court during divorce is matter of honesty and your cousin already planned to deceive the court and you supported him. You both should hang your heads in shame. This country gave you shelter, food and security and you tried to conn the system.

From UKBA perspective this matter will go in investigation , so you can only pray that case worker ignore the transactions.

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Casa
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Re: Bank Statements Serious Issue

Post by Casa » Mon Aug 10, 2015 9:11 am

If you apply in person you aren't given the opportunity to explain any discrepancies in your documents. The PSC Case Worker won't have the seniority to check anything that needs to be queried on the day and it will be passed to a high level. Your application will then join the postal queue for the premium fee. Wiser to apply by post and submit a full explanation of the additional funds in your account.
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Zun
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Re: Bank Statements Serious Issue

Post by Zun » Mon Aug 10, 2015 10:41 am

ok This might not be relevant and a different scenario - but just in case it helps . (if it doesn't was just bored so replied :wink: )

my cousin who runs a limited company - had made couple of transactions to me - as I was arranging for them to be sent overseas to a family member what ever - coz he did not have an online account to send money overseas .

The transactions were for about 4000£ and 2000 £ in two separate months .

2000£ I had sent overseas and the other 4000£ was returned back to him as was no longer required to be sent .

I had never declared or said anything about it .

Regards
Zun

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