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Let me explain the scenario completely. My mistake.mulderpf wrote:They asked for secondary proof and you sent another letter from your employer? Did this letter contain anything different from the first letter?
Any idea about this ?newjoine01 wrote:Let me explain the scenario completely. My mistake.mulderpf wrote:They asked for secondary proof and you sent another letter from your employer? Did this letter contain anything different from the first letter?
I submitted my Tier 1 application on 23rd March (switching from Tier 2 ICT)
Biometric done on that date but was delayed hence caseworker told that he will review the case later.
Documents submited for earnings
1. Payslip (India + UK)
2. Bank statements
3. Employer letter (stating the total net earnings , total tax and ni contribution)
While entering the earnings in the form I had used the same order.
1. India earnings
2. UK earnings
3. UK tax and NI
On Tier 2 ICT I can work 20 hours per week, so I did some consulting work for 2 months (submitted payslips for this job).
First question from UKBA (on 4th April), asking for monthly breakup of the data and letter from my employer stating that my earnings are paid in UK. Also second proof for my earnings.
I managed to get the monthly breakup of the salary (net salary), tax and NI from my company on request for the mentioned period.
Another query by UKBA on 11th April asking second proof of my tax and NI component. My solicitor replied that since we have already submitted the bank statements and company letter stating the net salaries than how come you need another proof. Also since P60 is not generated, how can we prove the tax and ni component. Second query was from Refusal team.
Reply was sent by special delivery on 12th April and no news from UKBA since.
I have checked with many friends and solicitors, even tax consultants, all just say that UKBA is being unreasonable here asking second proof of TAX. P60 can also not be considered as it is provided by the company. Also, P60 is for the full financial year not the period I have claimed.
All expert in the forum, please advice as to what needs to be done here.
I am hoping they dont reject my VISA
Thanks in advance.
So did you work for two different employers in the UK then - it sounds like it, but you didn't mention it in your first post here, so I'm confused? Did they not issue you with a P45 when you left - you would have been able to submit this as secondary proof at least for this job?newjoine01 wrote: On Tier 2 ICT I can work 20 hours per week, so I did some consulting work for 2 months (submitted payslips for this job).
Sorry, not good at explaining.mulderpf wrote:So did you work for two different employers in the UK then - it sounds like it, but you didn't mention it in your first post here, so I'm confused? Did they not issue you with a P45 when you left - you would have been able to submit this as secondary proof at least for this job?newjoine01 wrote: On Tier 2 ICT I can work 20 hours per week, so I did some consulting work for 2 months (submitted payslips for this job).
As they asked for secondary proof of tax & NI, I don't see what the relevance is if your P60 is generated by your employer - it is still a different piece of evidence.
1. UKBA seems to be asking for evidence that you / your employer has been paying taxes on any income earned in the UK. Since your payslips do not reflect tax deductions and NI contributions, they are questioning your employer's assertions in the letter that tax and NI have actually been paid.newjoine01 wrote:Job 1 - Full time job - Only bank statements, company letter (stating taxes) and pay slips provided.
Job 2 - Secondary job. P45 submitted.
I called up HMRC, they said that Tax figures are only available once the company sends over the P60 form which is 1st June. Before that they also will not be able to provide any information regarding tax and NI contribution.sushdmehta wrote:1. UKBA seems to be asking for evidence that you / your employer has been paying taxes on any income earned in the UK. Since your payslips do not reflect tax deductions and NI contributions, they are questioning your employer's assertions in the letter that tax and NI have actually been paid.newjoine01 wrote:Job 1 - Full time job - Only bank statements, company letter (stating taxes) and pay slips provided.
Job 2 - Secondary job. P45 submitted.
2. IMHO, you have yourself to blame for this by submitting both payslips and employer letter, each of which reflect contradicting information regarding your tax and NI (why don't payslips show tax and NI when the employer has stated that they are paying taxes?).
3. And if you are only paid allowances in the UK which are / may be tax exempt then did you make that fact clear enough in your application (e.g. - either through a cover letter or through the employer mentioning this fact).
4. For "job 2" you seem to have submitted only one evidence (P45), so don't be surprised if earnings from job 2 are completely discarded when awarding points for income.
As for evidence to prove that tax and NI have been paid (if due), you should contact HMRC and check if they can provide you with statement covering the period for which you are claiming points for income to confirm your earnings and any deductions (tax and NI) made during the period in question.
I called HMRC today and asked them that if UKBA contact you regarding tax and NI contribution, will you be able to provide it to them. They told that the info is only provided till the time the employee authorizes in written for someone to access the information. So in this case UKBA cannot confirm with HMRC regarding the tax contribution.next step wrote:Wow, i think u've gotten some really cynically responses on this thread and hopefully u didnt take them personally. I agree that it appears that u didnt provide enough evidence for ur second job and that may not work in ur favour in addition to the uninformative conversation ur employer appeared to have had with the verification officer. You can only know what options you have when the decision has been made. So u can only appeal if UKBA state in their response that you are eligible for it.
No point in worrying about what u can do nothing about right now. All the best...
Finally got my Tier 1 today. After a wait for 2 and half months, got my passport back.duffy wrote:Not sure whether it would help or not, but if your Employer puts their HMRC Employer Reference number on the letter, then it may show that they are registered to pay Taxes & NI.
What do others think?
A very big congratulation. finally patience paid off!!newjoine01 wrote:Finally got my Tier 1 today. After a wait for 2 and half months, got my passport back.duffy wrote:Not sure whether it would help or not, but if your Employer puts their HMRC Employer Reference number on the letter, then it may show that they are registered to pay Taxes & NI.
What do others think?
Its been a very difficult experience considering the waiting time. I had gone for PEO considering it would be fast, but it was
Anyways, all the very best to all the candidates, hope all get the VISAs soon.
Thanks to all the participants for your help and support.
BTW, I had submitted my P60 just 3 days before I got my VISA. This means UKBA wanted additional proof of my earnings. (Apart from my payslips, company letter and bank statement). It is unfair but who can challenge