Tier 1 PEO - Please help !!

[newjoine01]

Hi,

I have applied Tier-1 application In Person with dependents on 23-Mar-2011 at Croydon office.

I work for an Indian company anf get paid (Indian Component) + UK Allowance every month. My payslips dont have the tax component figure mentioned on it.

I submitted the initial application with payslips, bank statement and a company letter stating my gross salary (including tax) - complete breakup for the period I have claimed.

Got a response from UKBA on 11th April asking me secondary proof for the tax & NI component. I could only submit a new letter issued by my employer giving a monthly breakup of tax and NI.

I havent heard anything back from them so far. Its alsmost 2 months since my PEO at Croydon.

Can someone please help here, I am very worried as to whats happening with my application.

Thanks.

[mulderpf]

They asked for secondary proof and you sent another letter from your employer? Did this letter contain anything different from the first letter?

[newjoine01]

They asked for secondary proof and you sent another letter from your employer? Did this letter contain anything different from the first letter?

Let me explain the scenario completely. My mistake.

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.

[newjoine01]

They asked for secondary proof and you sent another letter from your employer? Did this letter contain anything different from the first letter?

Let me explain the scenario completely. My mistake.

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.

Any idea about this ?

[mulderpf]

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).

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?

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.

[newjoine01]

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).

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?

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.

Sorry, not good at explaining.

Job 1 - Full time job - Only bank statements, company letter (stating taxes) and pay slips provided.
Job 2 - Secondary job. P45 submitted.

Query from UKBA is for tax components of Job 1. My company has not issued P60 still and when I submitted I didnt have that. But had submitted the company letter stating the taxes paid.

UKBA is taking so long to decide Dont know whats happening.

[geriatrix]

Job 1 - Full time job - Only bank statements, company letter (stating taxes) and pay slips provided.
Job 2 - Secondary job. P45 submitted.

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.
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.

[newjoine01]

Job 1 - Full time job - Only bank statements, company letter (stating taxes) and pay slips provided.
Job 2 - Secondary job. P45 submitted.

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.
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 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.

Regarding the payslips, they dont have any eader called tax and NI. It only talks about salaary and other components.

I can just rely on my company issuing me this letter, how can I get a second proof for this ?

If UKBA reject on this ground, can I appeal. I know I am pessimistic about it But this delay is killing me

Any help ?

[geriatrix]

How will submitting the employer letter (again) help? You've submitted it and UKBA is questioning the assertions made in that letter (tax paid). So, how will submitting the letter again help?

In absence of documentary evidence(s) issued by HMRC to confirm payment of tax and NI, or a P60 (only if your assessment period mirrors the financial year), the caseworker will have no documentary evidence to know for certain that the letter from the employer indeed states the facts (that tax and NI have been paid).

If you are refused then you may appeal only if given the right to do so.

[next step]

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...

[newjoine01]

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...

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.

Has anyone ever faced a similar situation where they need to prove that the company is paying tax and NI ? I

I claimed the period Feb 2010 till Jan 2011 and I didnt had the P60 for last year when I made the application. What else could I have done ?

Its been 2 months now since I attended the PEO, paid extra for premium service but the response is so so slow .....

Seniors please advice.

[duffy]

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?

[newjoine01]

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?

Finally got my Tier 1 today. After a wait for 2 and half months, got my passport back.

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

[nionlight]

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?

Finally got my Tier 1 today. After a wait for 2 and half months, got my passport back.

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

A very big congratulation. finally patience paid off!!