ILR - No tax paid by the Employer

[lad 14]

Hi All,

Can you please advise, I am due to apply for my ILR next year on the basis of Tier 1 (2+3) I have recently requested my work history from HMRC. I have noticed that my employer hasn't paid any tax on my earnings (for the year 2010-11) When I approached the company, the company’s director has changed and they are not willing to help in any expect. I have received my initial Tier 1 visa on the basis of employment (2 jobs). I did not receive any of the P45 and P60 while I was working, I do have some payslips that clearly shows that the tax has been deducted from the salary.
Afterwards, I have had my Tier 1 extension on the basis of Employment and self-employment, My self-employment taxes has been paid and are up to date.
Now my question is, what can I do now ? What consequences can I face or any kind of deception while applying for the ILR because of my employment tax not been paid.

Your feedback will be greatly appreciated.

Thanks

[Wanderer]

Take them to court.

[lad 14]

Thanks for the reply, I am thinking of taking that action, but do you think its a worth as I am in dilemma that this process will be a time consuming and lengthy.
If I apply with that, what chances have i got for getting an ILR ?

[jibri]

Do you have bank statements showing salary coming in and do you have contract of employment?

[lad 14]

I am afraid I don't have the Bank Statements any more, I have move house couple of times and never though of keeping them for so long. I do have some documents from the company like an employment letter, salary letters etc.
I still have time left to sort out this matter, but dont know to do. My options as I am thinking would be -
* whether to fight with the company
* pay the taxes by myself or
* just apply for the ILR without taking any of the above actions.

Thanks

[raju4u]

I am afraid I don't have the Bank Statements any more, I have move house couple of times and never though of keeping them for so long. I do have some documents from the company like an employment letter, salary letters etc.
I still have time left to sort out this matter, but dont know to do. My options as I am thinking would be -
* whether to fight with the company
* pay the taxes by myself or
* just apply for the ILR without taking any of the above actions.

Thanks

Probably the second options seems viable and conclusive, but only one hassle first it take 12 to 16 weeks to get a reply from in land after sending the tax request, second it is on their discretion to allow you or entertain your request bcoz the period is before 4 years.

[jibri]

I would say your best hit is if you think you can prove employment with them by any means like payslips ( these can be challenged as well by employer saying they never provided. Bank statement you can get from bank don't think so that should be problem, as you say you have other employment documents as well. So as per HMRC it doesn't showing anything about that employment?

Contact the HMRC tell them all the scenario and also tell them that you can proof your employment with them and see what they say, I think they will take it seriously if employer's not paying NI and deducting tax from employee, if you go for ILR you need to disclose this information and you can also show some evidence that you have contacted HMRC about it and they are investigating it. I can't see any other way out of it.

[lad 14]

Hello All,

Just a little update, I have followed my previous employer and he is not ready to help and also he has left UK now moved to different country. Now, only option left to me is to pay the due tax myself. Experts please can you suggest what next step I shall take? Someone suggested me that I can let HMRC know that I have worked as a ‘Contractor’ and want to pay off the taxes I owed.
But I was wondering, if I let HMRC know about contracting, this will class as a Self-Employment, am I correct?
As I still have time for my ILR application, I want to make sure that I should amend all the tax queries before I apply for ILR next year, and I hope as my 4 years are not over yet HMRC shall accept my request for the tax amendments.

I need all your suggestions.

Thanks

[nice32]

same is my case my previous employer did not pay my taxes to HMRC, SO I sent my 60 AND copy of email from previous employer along with a letter. let see what is the response of HMRC , I sent them letter three days ago. if case worker is checking my record with HMRC they can update case worker and i think thats will be enough for case worker . mind you my apply is due in couple of months ..

[nice32]

same is my case my previous employer did not pay my taxes to HMRC, SO I sent my 60 AND copy of email from previous employer along with a letter. let see what is the response of HMRC , I sent them letter three days ago. if case worker is checking my record with HMRC they can update case worker and i think thats will be enough for case worker . mind you my apply is due in couple of months ..

i received a letter from HMRC stating that we have found your previous employer record and the tax is paid ,
i am happy that they found my tax record for initial application year but still i need to write an other letter to hmrc to find out my second year tax record as well , i know its not my fault but who care ,
there is an other important thing i recently learnt here is that if you start job with a company after 2015 april and you are applying before april 2016 then you need to request hmrc to send you a letter which states that you are working for xyz company and your record is updated with hmrc , i know companies pays taxes at end of the tax year but you need to show them something , its not necessary that every case worker is requesting for such documents but if you want to save yourself from extra tension so then why not request it now

[lad 14]

Hello All,
I will be applying for ILR in coming months. Initially I will apply on the basis of Tier 1 (5 years) but then I will vary my application on the basis of 10 years. I am 35 days short of applying ILR on 10 year basis.
I would like to know that when I will vary my application will I be able to vary it for my dependent as well, or if not than what will be the alternative for the dependent?
I would be very grateful if anybody can advise me on this.
Thanks

[geriatrix]

You will have to send in two requests for variation: one for yourself (SET(O) to SET(LR)), and one for your dependant (SET(O)/PBS dependant to FLR(M)).

[lad 14]

Thanks for the prompt reply.

Does that mean my dependent will have to apply again for the ILR or she can apply for the British Passport ? It mentions on the UKVI site that a person can stay for 2 years and 6 months.
Will the dependant have to apply again to complete 5 years of stay or she'll be able to apply for the British Passport after the stay of 2.6 years ?

Please if you can let me know.

Thanks

[ohara]

You can't apply for a British citizen passport unless you are a British citizen.

[CR001]

Thanks for the prompt reply.

Does that mean my dependent will have to apply again for the ILR or she can apply for the British Passport ? It mentions on the UKVI site that a person can stay for 2 years and 6 months.
Will the dependant have to apply again to complete 5 years of stay or she'll be able to apply for the British Passport after the stay of 2.6 years ?

Please if you can let me know.

Thanks

If she varies to FLR(M), her clock towards ILR is reset to zero and she has to wait a new 5 year period on FLR(M) - 2 x 2.5 year visas - before she can apply for ILR.

She will also have to pay the £500 immigration health surcharge.

Why do you want to vary Set(O) to Set(LR)? It doesn't make sense as both result in the same thing.

[vinny]

Any tax problems may still exist for SET(LR).

I hope your 'friend's' tax and income declarations to HO/HMRC are all in order and correct. This is still checked even if applying for ILR based on 10 years long residence, even more so if he is on Tier 1 General and has/had self employment.

[lad 14]

I want to vary the application because of the PAYE not paid by previous employer at the time of my initial Tier 1 application. I understand that any tax related problem will still stand but I hope at-least I will get the chance of right to appeal otherwise if I go with Set (O) no appeal rights, end of the story.
All the taxes are paid for my last extension, it's just the PAYE, I have spoken to HMRC and they have confirmed that I can't pay the the PAYE and also they are from 2010-11 more than 5 years old. HMRC have asked me to send the Bank Statements and the payslips for that employment, I have sent them last week. I am hoping if they can update/validate my employment for that period and send me any kind of letter to prove employment when applying for the ILR.