ILR ON 10 Year basis

[ahmed009]

hi there,
i am new member, i am due to apply for ilr on 10 year basis, but delayed for sometime before going to HO i have called hmrc and found that my previous employer has not paid the tax and now the company is closed, i have payslips and p60 and confirmation from bank, so therefore i called hmrc they ask to send the all the evidence which i did then they asked me to send them the bank statements, which i received the letter from hmrc for that, my visa will be expiring in July 2016, but i have book the appointment next wwek as i have already completed my 10 year back in Jan 2016, could any one have the opinion on this please, would be appreciated as i will post my experience...
many thanks

[Casa]

We've had several similar cases on the forum recently where the employer has failed to pay tax/NIC. While HMRC are dealing with this, your best option is to apply by post before your visa expires and hope that by the time the application is processed, the issue will be resolved. Don't apply in person.

[ahmed009]

thank you for the advice, but i have already booked the appointment, spoke to hmrc and they said they have all the record in place, i dont have to do anything, because this not amendment this is just an update of my employment record. as i have payslips and p60 and bank statements shows the salary has been transferred from threre business account, but still need your advice.
many thanks

[geriatrix]

Then hope that HO will able to verify the "updated" records on the day of the appointment.
If they aren't able to, expect your application to be put on hold (or worst, a refusal if the system still shows old records).

[haris_zam]

I think you should have no fear , simply go for i peraon as you already were. its a 10 year basis even though they check additional things like tax etc , but there are no grounds they csn refuse you upon also u have consent of hmrc . so all is good to go ..

best of luck

[wpilr_nov12]

....as its a 10 year basis even though .........

That is quite dangerous premise to base your optimism on.

[Casa]

....as its a 10 year basis even though .........

That is quite dangerous premise to base your optimism on.

+1 ...and I still stand by my advice that applying in person may well prove to be a mistake.

[Wanderer]

I fear there is a perception that people have that applying in person makes it easier to bamboozle the UKVI officer with waffle and bleeding heart stories.

Whereas in fact, the officer will just bin the application into the general pile with all the others in the 'check extra diligently-hard' pile.

If I was said officer and someone came to me with an obviously flawed app I'd flag it to the back office after rejecting it so it may work against the applicant.

[Casa]

I fear there is a perception that people have that applying in person makes it easier to bamboozle the UKVI officer with waffle and bleeding heart stories.

Whereas in fact, the officer will just bin the application into the general pile with all the others in the 'check extra diligently-hard' pile.

If I was said officer and someone came to me with an obviously flawed app I'd flag it to the back office after rejecting it so it may work against the applicant.

Spot on. Also members should be aware that PSCs often only have junior level Case Workers handling the applications and simply don't have the authority to decide applications which require further verification.

[ahmed009]

appreciate your opinion, i spoke to the solicitor, he said we should inform the HO with covering letter, i said we are giving them ground to do the further check. i am not is it good idea to inform HO prior to the appointment?

my histrory student 2006
psw upto 2010
Tier G (Employed)
Tier G extension (Employed)
still employed but little bit confused as hmrc says its my employer liabilities to pay my tax and ni
i am waiting for hmrc to come back on this, as i have already sent them all the evidence they require to prove that i was employed in that company.
could you please put some light on this.

regards

[ahmed009]

hello mate,
i am in same situation, but what i did that i called hmrc prior going to HO and found that my employer has not paid the tax my appointment was booked in Jan 16 as soon as i found this i have cancelled my appointment and inform the hmrc and have sent all the documents i.e payslips and P60s they require, then they asked me to send them the bank statements to see that the salary has been transferred from their business account, now i have booked the appointment again in HO for next week, even though its not update on-line but hmrc has all the documents to say that i was an employee of that company, but still not sure how HO will check this, if they call then there should be no problem, but if they check online then i will be trouble.

regards

[Casa]

hello mate,
i am in same situation, but what i did that i called hmrc prior going to HO and found that my employer has not paid the tax my appointment was booked in Jan 16 as soon as i found this i have cancelled my appointment and inform the hmrc and have sent all the documents i.e payslips and P60s they require, then they asked me to send them the bank statements to see that the salary has been transferred from their business account, now i have booked the appointment again in HO for next week, even though its not update on-line but hmrc has all the documents to say that i was an employee of that company, but still not sure how HO will check this, if they call then there should be no problem, but if they check online then i will be trouble.

regards

Why are you taking the riskier option of applying in person? At best this is likely to be referred to a higher level of authority for verification, if not refused on the day.

[ahmed009]

because if the case go to higher officer, he will call and check with hmrc, then he will know that hmrc already aware of this and they have all the evidence of this, that i was employee of that company and the company now dissolved, so do you think i should apply by post, even then they will check anyway as reading other post, so what is the point applying by post. and wait for their answer, just to let u know that i am applying on 10 year basis. my visa will be expire in July 2016, so i though i have better chance now then later.

re

[Casa]

PSCs generally only have junior level Case Workers processing applications. Any application which requires further checks/verifications will be passed to a higher level of authority and won't be decided on the day (if not refused).

HO guidance on 'Who can't use this service'...which includes
someone whose case is complex because of personal circumstances

[ahmed009]

thank you, but what i think is thatmy case is not simple but its not difficult as i am applying on 10 basis, there is no requirement for earning, but i understand they do check, that's why i have already inform to hmrc about this back in Feb 2016, then they have asked me for the bank statements to make sure that what is showing on the payslips reflecting in the bank, and i have not heard from them since, but i called hmrc they said they have all the record, but they said once verified they will let me know, as i said earlier the salary has been transferred from the company business account, so think its their responsibility to pay the tax and ni, as i was employee there, but is there any difference if you apply by post?

regards

[Casa]

If you apply by post it will buy you further time for the necessary cross-checks with HMRC to be made. If you apply in person and the updated information isn't available to the PSC Case Worker on the day, you may face a refusal.

[ahmed009]

thank you for the reply, as mention that my visa will expire in July 2016, i thought i have enough time to re-apply if they refused, but looking at this will they not consider that i have family life here my work my family and kids, as i was employee its my employer responsibility to do this, will they not consider this. and based on this they have issued the visa last time, it think its not my fault, if i was self employed then i understand, but i am not, if i go to employment tribunal they will accept this why can't HO do the same?
i hope i can justify this if they ask me any questions, regarding this.

[ahmed009]

Dear members,

i am applying in person on 10 year basis this month, i am on T1G at this moment, i just wanted to see if anyone has got refused their visa on 10 year basis purely on the basis of employer has not paid the tax, and if so have they informed hmrc before going to HO, because i did inform to hmrc and its still in the process of updating the employment record on their system.

fisrt extension: Employment (hmrc record shows tax paid)
second ext: Employment (hmrc record showing nothing on their system)


your advice will be much appreciated...

therefore i have sent all the documents to hmrc i.e Payslips and P60, then after one month hmrc sent me the letter asking me to send them the bank statements to see the salary has been transferred from business account for that period to make further enquiry, so i sent the bank statements as requested. i have not heard anything from them yet.

what is the best solutions to this please.

Regards

[noajthan]

Plenty of examples if you search forum.

[ahmed009]

Thank you, i have seen the cases but they are all on either TiG or didnt inform to hmrc before going to HO, and they are mix of self employed and employed, my case is i was employed in 2 extension and one employer paid the all the taxes and 2 one has not paid the tax, but i have all the payslips, p60 and bank statements, is it good idea to submit this when i go for in person.

many thanks

[farwailr]

Sort this out with HMRC before going for PEO. CW take guidance from HMRC.

Dont know why but so many people are now reporting about dodgy employers. Anyone can generate payslips and do bank transfers and P60 from professional accounting software. HMRC wont update your or their records because your former employer owe them money.

[geriatrix]

Please keep your ILR queries in a single topic.

[ahmed009]

Dear Mohsin,
thank you for your post, by profession i am in accounting filed, but unfortunately i am in same situation, when you are employee you trust your employer so i did't check my employment record, but as soon as i found this i have contact hmrc and found that my employer has not appearing on their system, so i have cancelled my appointment and i have sent payslip p60 to hmrc then they asked me to send them the bank statements which i did since i have not heard anything from them, when you been to PEO did you submit the payslips and bank statements i know you dont have to submit on 10 year basis, but would'nt be better if you could you submit the payslips other documents, did they ask you any proof on day. you help would be much appreciated , if you need any help,please let me know.

best regards

[geriatrix]

UKVI could allege that the employer issued you fraudulent payslips / P60s - because the figures on the payslips / P60 that the employer gave you do not match the figures the employer submitted to HMRC through PAYE.
Do remember - anyone can print payslips / P60 / P45 using (readily available) commercial software.

[ahmed009]

you are right Sir, but what is your fault, when you are employee that's what you get as a proof payslips and p60, but if your employer has not paid the tax who is responsible? and you have the proof of this, if you work for any company you assumed on the basis of payslips that they are paying the right tax, there could be discrepancy on the payroll it happens to so many company's they do have this problem and if for some reason that the company is dissolved, you cannot chase them to pay your tax, so my point if someone is genuine employee and paying the taxes what is their fault, and employment tribunal can accept this why cant HO do the same, unless they prove you wrong.
thank you for your reply.