Employment History discrepancy

[123kidd]

Hi, I really need your advise on this.

Iam planning on applying for Naturalisation in a couple of months and I just found that my employer which I used to get my initial Tier1 visa has not paid my taxes, hence HMRC has no record of that employment. And that employer has dissolved his company 4 years ago. And I dont have any of their details except the payslips from the company.

My timeline:
Entry as a student in 2005.
Initial Tier 1 - 2009 - Employment from 2 jobs of which 1 has not paid any taxes
Tier 1 extn - 2012 - Director of a limited company.
ILR - 2014 - Director of a limited company.

Recently I have requested my employment history from HMRC and shocked to find my previous employment in HMRC records does not exist.

So now UKBA has those details for my Tier1 application but HMRC doesn't. How do I solve this issue before I apply for naturalisation??

Can I leave the employment details in 10 years history in AN1 form?? Or add it anyway as UKBA has the record of it??

Please help me in this regard.

[noajthan]

So now UKBA has those details for my Tier1 application but HMRC doesn't. How do I solve this issue before I apply for naturalisation??

Can I leave the employment details in 10 years history in AN1 form?? Or add it anyway as UKBA has the record of it??

Please help me in this regard.

You cannot Spammy Spammer the information you declare for the past 10 years.
It is up to the caseworker to regard or disregard the information provided and to run whatever crosschecks and verification as they see fit.

You could ofcourse include a cogent explanation of the situation in the additional info section of the form.

[Noetic]

I don't suppose you still have a contract or any payslips from that employment? Even a letter offering you the job would be a start - it's obviously not your fault if the employer didn't pay taxes etc although lack of payslips or P60s should have been cause for concern at the time.

I myself worked for a bit over a year for an employer who was often late paying us and never gave payslips but the other director once had to break into the boss's office to get some keys and he did find all our payslips stuffed in a box next to the keys. There was still something dodgy going on as the other director couldn't get child tax credits because there was something off about the tax payments from that employer, but I did get a proper P60 and a P45 after I left (3 months later and after threatening to call the company to HMRC's attention).

Thankfully I already qualified for PR from 7 years previous continuous employment elsewhere but I must admit I did rather worry when applying for PR that HO would somehow have an issue with that discrepancy even though it was after the initial period of qualification for PR.

[123kidd]

Thank you for your replies.

And I do have payslips from that employment so does UKBA from my initial application.

Iam really confused now what to do, whether to include this employment in my application or not.

I recently got a job offer which needs a British passport for travel around Europe.

What will be my best course of action in this situation?

[Noetic]

Thank you for your replies.

And I do have payslips from that employment so does UKBA from my initial application.

Iam really confused now what to do, whether to include this employment in my application or not.

Definitely include it, do not withhold any information in the application.

Out of curiosity do the payslips mention tax? Did they get your address, name or NI number wrong? If the payslips say tax was paid there is nothing you have done wrong and you weren't to know there were dodgy dealings going on.

Even if not, you have proof of employment and therefore residence and that's what seems to count in this context.

[123kidd]

Thank you Noetic.

And yes, the payslips have my NI number on it and the tax code is BR as it was my second job.

So you suggest adding this in the additional information saying the hmrc doesn't have this employment details with them but I have payslips to prove it and attach them with the AN1 application form?

Or is it better to leave out this details in the employment history to not confuse them with the additional information? I can't decide myself what's the best thing to do. Do you think I should consult a solicitor before I apply?

[Noetic]

I would just list the employment and include the payslips and not mention anything about HMRC. The purpose of supplying payslips in naturalisation application is to prove residence not to investigate your former employer's taxes.

[123kidd]

I would just list the employment and include the payslips and not mention anything about HMRC. The purpose of supplying payslips in naturalisation application is to prove residence not to investigate your former employer's taxes.

That sounds really sensible and a right thing to do. Thanks

[Noetic]

Obviously if a dodgy employer ends up investigated as a sideline then good but that's their problem, not yours.

The only reason my former employer with possible tax issues still exists as a company is because they owe money to a lot of people and every time they give notice to close the company the people they owe money to object. I regret working for that dodgy company

[argus7]

Do you have a letter from HMRC that the tax code for that year is BR? If not there is one solution to send all details of letters, payslips, P45/P60 if you have to HMRC, they will investigate further.

You need this to be resolved before naturalization, even if employer has not paid taxes, you have to submit details to HMRC

Its obvious here that your ex employer has not submitted P35 or P14 submissions to ECO&HMRC.

HMRC need to know that you were an employee part time or full time.

HO will def cross check all years of employment listed on form AN

[123kidd]

@argus7, No I don't have any letter from HMRC about that employment. The tax code was BR on my payslips.

I heard HMRC investigation would take a long time before my records are updated and I need to be a british citizen for the new job I have been offered.

Do you think my chances of rejection would be high if I apply without updating HMRC records? and if they reject will I then be given a chance to update HMRC and re-apply again?

[123kidd]

I also want to know how long will it take HMRC to update the records regarding missing employment details??

Iam really at loggerheads now and losing sleep over this issue, I would really appreciate if someone can please shed some insight into it?

[Noetic]

Has HO actually raised the issue with you? How did you find out tax wasn't paid?

As long as you have your payslips from that employment just include a few, list the employment and leave it at that.

[123kidd]

Has HO actually raised the issue with you? How did you find out tax wasn't paid?

As long as you have your payslips from that employment just include a few, list the employment and leave it at that.

No, they haven't raised any issue. In order to get the correct dates for my previous employment, I requested my employment history with HMRC. And it has arrived last week and that's when I found out that this employment details were not listed in there.

A lot of things are going in my mind now, if HO check with HMRC and find out about the missing details, will they cancel my ILR as well or give me a chance to prove its not my fault?

I have certainly decided to add all the details and provide payslips as well with the application but also preparing if it goes south.

[Noetic]

With payslips I really can't see how they can say anything. I've never seen a tax extract / work history from HMRC but as long as you include the payslips (and maybe contract) I really don't see how they can say anything.

Being employed isn't a requirement for naturalisation in the first place and you have payslips to confirm you worked there. If you're you're worried include your contract too?

[123kidd]

Thanks for prompt reponses, i really appreciate it.

Also I just checked in one of the groups, someone was in the same situation and his ILR was refused due to the same issue as mine.
http://www.immigrationboards.com/indefi ... 06748.html

this got me even more worried. I dont know if the checks made of ILR will be same for Naturalisation as well

[noajthan]

...

this got me even more worried. I dont know if the checks made of ILR will be same for Naturalisation as well

The checks for the privilege of citizenship are probably more stringent (than for a visa such as ILR) as applicants have to satisfy the good character requirements.
There is no statutory definition or guidance for this so the decision is taken on a balance of probabilities.

You can dig into this vital matter here:
https://www.gov.uk/government/uploads/s ... _D_v02.pdf

Look on the bright side, the character that is being assessed is yours and not your dodgy employer's.

[Noetic]

Thanks for prompt reponses, i really appreciate it.

Also I just checked in one of the groups, someone was in the same situation and his ILR was refused due to the same issue as mine.
http://www.immigrationboards.com/indefi ... 06748.html

this got me even more worried. I dont know if the checks made of ILR will be same for Naturalisation as well

I could be wrong but aren't the ILR checks for tax related to proving your income which is not something they look for in naturalisation? (You don't even need to have worked at all for naturalisation)

As noajthan said naturalisation has a focus on assessing your own character not that of your employer. You have payslips saying they paid taxes so as far as you were aware at the time taxes were paid. A P60 would obviously have been better but you have payslips and you aren't even expected to prove employment merely residence.

By all means mention in additional information that during a tax check you saw this employment missing but please find included payslips covering this employment.

[Casa]

In May 2015 the updated AN form includes the additional section 1.53 Employment history in UK during past 10 years, or since date of entry if you have been here for less than 10 years (continue on page 23 and use additional sheets if needed).
This is part of the good character verification (unpaid tax, periods of illegal working etc).

[123kidd]

...
Look on the bright side, the character that is being assessed is yours and not your dodgy employer's.

Thank you noajthan. I agree its about me rather than the employer but Iam worried as they hold me accountable since they can't take any action against employer.

[123kidd]

By all means mention in additional information that during a tax check you saw this employment missing but please find included payslips covering this employment.

Yeah I agree, like I said this is the most sensible option I can consider.

[Annonymous]

...
Look on the bright side, the character that is being assessed is yours and not your dodgy employer's.

Thank you noajthan. I agree its about me rather than the employer but Iam worried as they hold me accountable since they can't take any action against employer.

So What will happen God Forbid if you Don't get your Naturalisation ?

Will you not stay Alive ???

Just get your act together and get over your fear.

Try to solve the problem just pay your tax by your self and absorb this as a loss on your part if that's help you out in getting your Naturalisations.

Good luck with your Naturalisation.

[123kidd]

So What will happen God Forbid if you Don't get your Naturalisation ?

Will you not stay Alive ???

Just get your act together and get over your fear.

Try to solve the problem just pay your tax by your self and absorb this as a loss on your part if that's help you out in getting your Naturalisations.

Good luck with your Naturalisation.

Mate, no need to be condescending and aggressive. This forum has helped so many people irrespective of their gender, colour and nationailty. People come here for help and the information they get here is more valuable then the one they got from the paid immigration agents out there.

And Iam trying to get my act clear hence approached this forum. And you are suggesting me to pay the tax which Iam not responsible for. The tax we are talking about here is no small amount and may not be affordable by all.

It's not wise to kick someone when they are down.

[Noetic]

...
Look on the bright side, the character that is being assessed is yours and not your dodgy employer's.

Thank you noajthan. I agree its about me rather than the employer but Iam worried as they hold me accountable since they can't take any action against employer.

I wish you all the best - you would hope that your honesty in mentioning this in the further information section would be appreciated by UKBA, however on the other hand it's entirely possible that, had you not found out by accident, they may never have known. It really isn't easy!

[Annonymous]

Hi mate

Didn't mean to sound patronising at all.

Apologies just wanted to keep your moral high mate that's all it is.

First of all I just didn't get my head round to the problem you've mentioned I don't know how it's possible seriously I'm also living and working here in the uk myself. But I just can't figure it out that how it's possible???

Fearing from anything will won't make it better.

Good luck.