ILR submission without pay slips ?

[Ajay009]

Hi all,

I'm Tier-1 General, I have an important query on regarding my application before I apply for ILR in May-2016.

I work in a IT company & get paid 32K(including tax) per year, initially they provided pay slips till may-2015 from then onwards they just paying net amount into my account and not provided pay slips till now. Past 8 months onwards I'm asking them, When ever I ask them, they were telling some silly reasons and post-poning it. Recently when I speak to HMRC, they said that company is not paying tax at all.

I have all documents which are required to apply for ILR with including except pay-slips & P60 for 2015-16 year, among 32K they paid just net amount not including tax, now i'm seriously discussing with company & investigation is going on, it might take a bit longer to process in legal way.

My question is "can I able to apply for ILR including all my support documents except these pay-slips & P60 by mentioning it's in process to get pay-slips" ? Is that possible to apply ?

Can anyone suggest me asap please.

[Wanderer]

This is going to be a huge problem.

You need the pay slips for sure and your company has a legal obligation to provide them. As for them not paying your PAYE to HMRC, that's terrible, what about RTI?

Not sure what you can do, if it weren't for impending ILR, I'd walk away from this dodgy-sounding company before it goes under.

Can't help really.....

[Ajay009]

Hi Wanderer,

Thanks for your reply.
I'm ready to walk-away from the company, but they were saying that they can provide payslips and they were in process, but this is consuming my valuable time.

What i'm thinking is, regarding how much income I have to show to HO i have reached that, just my company has to pay tax to HMRC, nothing wrong from my end. I want to mention these information in a letter head by submitting with my bank statements which shows salary paid by my company where I work and current working status letter from Company. Is that not enough ?

[Wanderer]

Hi Wanderer,

Thanks for your reply.
I'm ready to walk-away from the company, but they were saying that they can provide payslips and they were in process, but this is consuming my valuable time.

What i'm thinking is, regarding how much income I have to show to HO i have reached that, just my company has to pay tax to HMRC, nothing wrong from my end. I want to mention these information in a letter head by submitting with my bank statements which shows salary paid by my company where I work and current working status letter from Company. Is that not enough ?

I think someone was refused ILR in the same circumstance in that the employer hadn't paid the PAYE over.

I'd report them to HRMC immediately, it's also your NI etc that's not being paid over.

[Ajay009]

I have discussed with HMRC, they said to take action on my complaint minimum it will take 45 days to start process from their end, but my visa due to expire in may-31.

In the mean-time I want to post my application with all supporting doc's and wait for the response from my employer, once I get pay-slips or any alternate statements from my employer then i want to post to HO. Just I want to know, Is this possible of doing this way ?

Or any other suggestions please....

[Malik44]

If you have any previous p-60 which shows your PAYE reference take that reference and payslips to accountant and ask him to submit self assessment for 2015-16.

[Wanderer]

If you have any previous p-60 which shows your PAYE reference take that reference and payslips to accountant and ask him to submit self assessment for 2015-16.

OP is employed and doesn't need an accountant or have to provide self-assessment.

[Malik44]

Yes I know he is employed even he can do self assessment and declare his employment income to HMRC this is the only way he can bring his employment income in HMRC system. He is lucky his employment income easily can declare upto April 2016 in HMRC. Home office is very nasty in these days complaining to HMRC is not only a solution for this problem he need to bring his income into HMRC system for UKBA. He only need UTR if he apply it come within 10 days time.

[argus7]

I agree with malik44 here, the SA for PAYE using SA102 is the only option provided OP has all PAYE and NI details.

Also you need to write to NIC and EC office to pay the class 1 NC and update them about missing PAYE. This then will be handled by HMRC if they want to investigate missing PAYE and NIC

[Wanderer]

Yes I know he is employed even he can do self assessment and declare his employment income to HMRC this is the only way he can bring his employment income in HMRC system. He is lucky his employment income easily can declare upto April 2016 in HMRC. Home office is very nasty in these days complaining to HMRC is not only a solution for this problem he need to bring his income into HMRC system for UKBA.

Would that help? Issue is his employer has neither issued payslips nor paid tax deducted at source. SA302 will just highlight the obvious, that tax is due and none has been paid.

OP need to get payslips from his employer and let HMRC know they haven't paid his tax on to them. It doesn't look good really, HMRC has no record of any tax and OP has no record of any income. OP needs to tread carefully, as his employer (if as lax on all paperwork as it seems - @OP do you have a contract of employment?) could well turn around and claim OP is self employed and responsible for his own tax.

[Malik44]

No if employer is not submitting tax and NI to HMRC then it's individual responsibility to decalare to HMRC declaring over the phone or complaint is not a solution he need to submit his Self assessment to HMRC. His total earnings and NI and tax details can be found on his March 2016 payslip.

[Casa]

No if employer is not submitting tax and NI to HMRC then it's individual responsibility to decalare to HMRC declaring over the phone or complaint is not a solution he need to submit his Self assessment to HMRC. His total earnings and NI and tax details can be found on his March 2016 payslip.

He doesn't have a March payslip ...and if you read through the thread again, you'll see that no NI or Tax deductions have been paid by the employer...
"Recently when I speak to HMRC, they said that company is not paying tax at all."

Wanderer has given cogent advice.

[Malik44]

@casa op said he will get it from employer. He only be PAYE reference and UTR. UTR he can apply and come in 10 days. The only concern is either he has PAYE reference or not .

[Casa]

@casa op said he will get it from employer. He only be PAYE reference and UTR. UTR he can apply and come in 10 days. The only concern is either he has PAYE reference or not .

He's already aware that no tax/NI has been paid. Wanderer's point about the employer attempting to slip out of their responsibility is valid. Is there an employment contract?

[Malik44]

To be honest this is the only solution op has to bring his income in HMRC system

[Ajay009]

Hi all,

Thanks for your replies & suggestions.

I got P60 for 2014-15 yr from my current employer

[Ajay009]

I ment to show 35K to HO, 32K from employer which I got paid just net amount for this not including tax, rest 3K i' m showing via Self employed which I have registered 4 years back and which I got extension 2nd time.

I confirm that recently I took current employ agreement status from my current employer for a safe side, then I started process of complaint on them, they are pro-longing till my visa expire, once it's expired I can't do anything, that's their plan.

[Ajay009]

He's already aware that no tax/NI has been paid. Wanderer's point about the employer attempting to slip out of their responsibility is valid. Is there an employment contract?

I have an employment contract which says that still i'm working with them,this letter I took just 10 days back itself from them, they were simply saying that we gonna provide you & they were not saying exactly how long it takes.

[geriatrix]

There was a case posted recently where the ILR application was refused because the employer had not paid tax for the applicant (employee).

[Casa]

Further to the post by geriatrix....

"It is essential to have evidence of your employment. The basic requirement is that you have payslips for each payday showing tax and National Insurance deductions.
In addition, you should have a P60 form at the end of each tax year and a P45 form from the employer if you change jobs.
If you do not have this evidence, you could find that HMRC treat you as self-employed and expect you to pay any tax due. Alternatively, even if it is agreed that you are an employee, you could find that HMRC considers you liable for tax which should have been deducted, or does not give you credit for tax deducted, if you cannot prove it."

http://taxaid.org.uk/guides/taxpayers/t ... -employers

[Ajay009]

I come to know that my employer don't have enough money. If suppose my employer discuss with HMRC and make agreement that employer will pay tax in installment way to HMRC then if I get that letter from HMRC. Is that possible and will that valid ?

[geriatrix]

Further to the post by geriatrix....

"It is essential to have evidence of your employment. The basic requirement is that you have payslips for each payday showing tax and National Insurance deductions.
In addition, you should have a P60 form at the end of each tax year and a P45 form from the employer if you change jobs.
If you do not have this evidence, you could find that HMRC treat you as self-employed and expect you to pay any tax due. Alternatively, even if it is agreed that you are an employee, you could find that HMRC considers you liable for tax which should have been deducted, or does not give you credit for tax deducted, if you cannot prove it."

http://taxaid.org.uk/guides/taxpayers/t ... -employers

Thanks Casa, that's really useful info.!

Means that the assertions people make on the lines of "PAYE is not applicant's responsibility and hence no risk of settlement application refusal" are inaccurate suggestions.

[Casa]

Further to the post by geriatrix....

"It is essential to have evidence of your employment. The basic requirement is that you have payslips for each payday showing tax and National Insurance deductions.
In addition, you should have a P60 form at the end of each tax year and a P45 form from the employer if you change jobs.
If you do not have this evidence, you could find that HMRC treat you as self-employed and expect you to pay any tax due. Alternatively, even if it is agreed that you are an employee, you could find that HMRC considers you liable for tax which should have been deducted, or does not give you credit for tax deducted, if you cannot prove it."

http://taxaid.org.uk/guides/taxpayers/t ... -employers

Thanks Casa, that's really useful info.!

Means that the assertions people make on the lines of "PAYE is not applicant's responsibility and hence no risk of settlement application refusal" are inaccurate suggestions.

It would seem so. I've heard this mentioned in the past.

[Ajay009]

Further to the post by geriatrix....

"It is essential to have evidence of your employment. The basic requirement is that you have payslips for each payday showing tax and National Insurance deductions.
In addition, you should have a P60 form at the end of each tax year and a P45 form from the employer if you change jobs.
If you do not have this evidence, you could find that HMRC treat you as self-employed and expect you to pay any tax due. Alternatively, even if it is agreed that you are an employee, you could find that HMRC considers you liable for tax which should have been deducted, or does not give you credit for tax deducted, if you cannot prove it."

http://taxaid.org.uk/guides/taxpayers/t ... -employers

Thanks Casa.

I have all evidences that i'm an still employee with them like recent employee status letter from them, email conversations, salary into my accounts statements but they didn't pay tax & NI to HMRC.

[Wanderer]

I come to know that my employer don't have enough money. If suppose my employer discuss with HMRC and make agreement that employer will pay tax in installment way to HMRC then if I get that letter from HMRC. Is that possible and will that valid ?

Then they are trading insolvently, and HRMC could move to wind them up.