Tier 2 PAYE taxes and ILR

[aadeshagasthya]

Good day sir,

I will be so glad if you can advice me on this issue please.

I came to UK on Tier 2 Minister of religion in November 2011. My sponsor licence was revoked in January 2014 because they were not following the sponsorship duties(sponsor Obligations) rightly after a compliance visit .My leave was curtailed and i was able to change my sponsor within the 60 days of curtailment.Sir,Am now planning to apply for my ilr soon using PEO .

I called HMRC to day to get update about my taxes but i was surprised that my former sponsor didn't pay my taxes and National insurance which has been deducted from my wages.The only tax records i have with HMRC is from my present sponsor.
Also,i worked with them till march 2014 but their HMRC URL was updated till January 2014.I believe this must have been the reason their sponsorship licence was revoked after UKVI compliance visit.

Sir,I believe that before an employer is given Tier 2 sponsorship licence they must have registered and produce evidence of registering with HMRC as an employer who pays PAYE & National Insurance(i stand to be corrected ) And the tax that was missing on my HMRC records are PAYE taxes that were deducted from source that is my personal emoluments by my previous employer/sponsor and ought to have been remitted to HMRC in the relevant tax years.

Sir,I also believe that the issue of payments of taxes as at when due does not apply to me(PAYE taxes) because i (taxpayer) has no part to play in the deduction and remittance of my PAYE as it is among the duties of my employer/sponsor.Where there is failure to remit PAYE taxes to HMRC,I believe it is the employer/Sponsor and not the tax payer that is LIABLE.

Secondly,about the update of the Unique Taxpayer Reference (UTR) it is the sole responsibility of my employer/sponsor.
Sir, it would seem to be unfair if the the role of the sponsor is transferred to the employee by refusing the ILR application based on sponsor not fulfilling his sponsorship role. (mentioned above)
Question.
1)What do you think i can do about my previous sponsor not remitting my taxes to HMRC?

2) What can i do about my previous sponsor not updating their UTR to show that i worked till end of March 2014 (Although i have a letter written by the HR while i was looking for another sponsor stating the time i stated and ended my employment with them so also payslips)

Please kindly advice and save a soul.

[Frontier Mole]

You are stuck in the middle of the mess because in simple terms if UKVI do a HMRC check it will show you as non worker / non tax paying in the period with your first sponsor. At that point you fall foul of the requirements for ILR.
It would appear to the caseworker you have not actually worker end so would be in breach of your original work visa... And then depending on their view you could be refused.

You as a tax payer have the responsibility to ensure your tax is accounted for. Unfortunately pay slips are not worth the paper they are printed on. Your P60 is the only valid document to prove tax and NI. Do you have P60's from the first sponsor??

[hassanh]

You as a tax payer have the responsibility to ensure your tax is accounted for. Unfortunately pay slips are not worth the paper they are printed on. Your P60 is the only valid document to prove tax and NI. Do you have P60's from the first sponsor??

Apologise, if I am diverting the topic but we have seen quite a few employees ditched by their employer who not paid their taxes while taxed amount were shown on payslips. As an employee what a person can do to make sure his taxes are being paid by employer (as even P60 also given by employer and does not come directly from HMRC and P60 could be printed by employer as well every year)? Should an employee regularly contact HMRC to make sure PAYE taxes are up to date?

Thanks

[Frontier Mole]

While a payslip has no legal standing a P60 does.
If a false P60 was produced then that would be a fraud committed by the employer. The employee would be protected.

[Wanderer]

Always amazes me so many Tier sponsors can afford to go through the effort and expense of obtaining a sponsors licence and the hassle of emgaging a migrant worker over a local one then be so skint they can't even pass on their employees tax.

And don't say it's because there are no local candidates, there are, and in my experience in IT the migrants I've worked alongside have been generally pretty poor.

[hassanh]

Thanks Frontier Mole and Wanderer for your valuable inputs. Relieved to know that if we at least keep our P60 record safe, then we are protected against this kind of situation.

I hope the OP has all the required P60s to fight his case.

Thanks,
Hassan

[poper]

Always amazes me so many Tier sponsors can afford to go through the effort and expense of obtaining a sponsors licence and the hassle of emgaging a migrant worker over a local one then be so skint they can't even pass on their employees tax.
I think most of these are due to the so called umbrella companies

And don't say it's because there are no local candidates, there are, and in my experience in IT the migrants I've worked alongside have been generally pretty poor.