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ILR - HSMP + Tier 1

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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botech79
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Joined: Fri Oct 07, 2011 10:14 pm

ILR - HSMP + Tier 1

Post by botech79 » Sun Oct 16, 2011 11:17 pm

Hi,

I am having a situation where I do not have all my P60s for the last 5 years.
And as adviced by the forum which was very useful, I called the HMRC and requested for an employment history letter which they sent me in 2 days which was fantastic.
But when I checked the details in the letter, I found that
1. The "Pay" and "tax" amount differs (difference in thousands) for one of the tax period
2. I changed the employment in the 4th year (April). In the employment history letter, it doesnt show the tax paid by my previous company for that particular year and also it states that my new job started from August (which is actually April)

Now I am worried why this dicrepancy is shown as both of these are supposed to be coming from the same office and same register?

I am sure the gurus here would have seen cases like before, please advice on what needs to be done. many thanks

geriatrix
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Post by geriatrix » Sun Oct 16, 2011 11:23 pm

1. Do you have the P60 for the tax year that you say there is a mismatch?
2. The joining date is recorded by HMRC based on the information provided by the employer, so your employer may be the one to blame.
Life isn't fair, but you can be!

botech79
Newbie
Posts: 31
Joined: Fri Oct 07, 2011 10:14 pm

Post by botech79 » Sun Oct 16, 2011 11:32 pm

hi sushdmehta,

1. Yes, I have the P60, thats how I compared the figures.
2. I believe you are right. So what would I have t odo now, should I call HMRC and send them the details of my employment start date or can you suggest the best way.

many thanks.

geriatrix
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Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
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Post by geriatrix » Mon Oct 17, 2011 12:08 am

botech79 wrote:1. Yes, I have the P60, thats how I compared the figures.
Dodgy P60 or HMRC error? You'll have to coordinate with HMRC (and perhaps the employer then) to get to the bottom of this.

As for joining date, your employer should be the one to get the error corrected.
Life isn't fair, but you can be!

John
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Post by John » Mon Oct 17, 2011 7:42 am

I am not sure if you left the job on a 4th April, or started the new job on 4th April. Either way you clearly appear to have left the job during a tax year, so were you given a form P45?

As regards the new job, you will probably were not paid before the start of the tax year on 5th April, so clearly HMRC records will not reflect anything that tax year.
John

botech79
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Posts: 31
Joined: Fri Oct 07, 2011 10:14 pm

Post by botech79 » Mon Oct 17, 2011 8:03 am

Hi John

I left my previous job on 31 March and I started my next on April 1.

I was not given a p45. And regarding the salary there has been no discontinuity.

I have all payslips with me....


With respect to my ILR application, should I just produce my payslips with bank statements or do I have to get this corrected from HMRC?

All your help is much appreciated.

Am getting a bit tensed as what I thought was a straightforwrd thing, seems to be a lot comlplicated.

John
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Post by John » Mon Oct 17, 2011 8:23 am

Dodgy P60 or HMRC error? You'll have to coordinate with HMRC (and perhaps the employer then) to get to the bottom of this.
I agree with that. On the face of it there is a difference between what the employer told you on form P60, and what the employer told HMRC in the PAYE end-of-year return.

Whilst you have mentioned differences in the salary numbers, what about tax numbers? If there is a tax fraud here .... and I emphasise the word "if" .... it will be about the tax numbers, the employer failing to hand over to HMRC all the tax, and NI, they have deducted from you.
John

botech79
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Posts: 31
Joined: Fri Oct 07, 2011 10:14 pm

Post by botech79 » Mon Oct 17, 2011 9:44 am

Thanks for your reply John,

so how would this impact my ILR application,
1. Do I need to submit P60s in this instance?
2. WOuld all my payslips/bank statements be sufficient?
3. How can I get this corrected "if" there is a mistake by the employer?
and would this take time. I am planning to apply for my ILR end of October.

nmaj
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Joined: Mon Jul 25, 2011 12:15 pm

Post by nmaj » Tue Oct 18, 2011 5:08 pm

What is your immigration status?

Are you on Tier-1/WP?

If your status is HSMP + Tier 1
you dont need to show your employment history.All you need is to score min. points according to Section 9A in the application form.

If your status is WP + Tier 1
1. You need to score min. points according to Section 9A in the application form plus
2. Documents to prove your employment was inline with your old WP.
One of following docs should be sufficient

Payslips/P45/p60/HMRC Letter/Letter from the employer
botech79 wrote:Thanks for your reply John,

so how would this impact my ILR application,
1. Do I need to submit P60s in this instance?
2. WOuld all my payslips/bank statements be sufficient?
3. How can I get this corrected "if" there is a mistake by the employer?
and would this take time. I am planning to apply for my ILR end of October.

botech79
Newbie
Posts: 31
Joined: Fri Oct 07, 2011 10:14 pm

Post by botech79 » Tue Oct 18, 2011 11:55 pm

thank you nmaj for the valueable information.

I am on work permit/tier1.
I believe the issue I had is sorted as I contacted the employer and they gave me the reason of why the difference appears and has agreed to give a letter stating this. so hope this should be fine.

nmaj
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Posts: 22
Joined: Mon Jul 25, 2011 12:15 pm

Post by nmaj » Wed Oct 19, 2011 3:15 pm

No problem mate.

I was on the same immigration status (WP & Tier 1 (G)). I submitted only the letter from the employer and the old WP document. They accepted
botech79 wrote:thank you nmaj for the valueable information.

I am on work permit/tier1.
I believe the issue I had is sorted as I contacted the employer and they gave me the reason of why the difference appears and has agreed to give a letter stating this. so hope this should be fine.

botech79
Newbie
Posts: 31
Joined: Fri Oct 07, 2011 10:14 pm

Post by botech79 » Fri Oct 21, 2011 1:02 pm

one more question on this :

I had made a job change exactly at the end of the financial year end ie 31 March.

There is a row in the emp history letter where there is an amount (pay)shown, however the tax is shown as blank?

Is this because I have moved during the tax year end? This maybe a dumb question as I do not have much idea on the finance/taxing.

waiting for your valueable suggestions..

nmaj
Newly Registered
Posts: 22
Joined: Mon Jul 25, 2011 12:15 pm

Post by nmaj » Fri Oct 21, 2011 5:31 pm

I know we are all very nervous before we apply ILR even though we know our case is strong and stright forward.

From my experience I suggest everyone to give only the documents that they actually need to see.Dont give loads of documents.They dont like it.

If your query is to prove your WP employment before Tier1 then the letter from that employer stating that you were employed by them by their WP for such period will do.Your employer dont even need to mention how much you were paid.This is all to convince the case worker that you weren't breaking immigration rules and you were inline with your old workpermit.
So if you have a letter from employer and WP document that is more than enough to convice them.

Re your tax thing.If this is not a document to score your min. points according to Section 9A then it shouldn't be a problem

botech79 wrote:one more question on this :

I had made a job change exactly at the end of the financial year end ie 31 March.

There is a row in the emp history letter where there is an amount (pay)shown, however the tax is shown as blank?

Is this because I have moved during the tax year end? This maybe a dumb question as I do not have much idea on the finance/taxing.

waiting for your valueable suggestions..

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Mon Nov 07, 2011 3:45 pm

botech79 wrote:hello everyone,

This forum has been very useful and informative all through, right from my HSMP application.

I am having appointment for ILR in a weeks time and here are the documents I am taking with me, hope this would be sufficient.

I have been on WP + HSMP + Tier1

1. Set (O)
2. Passport (me and dependents - wife and child)
3. Photos (2 each with name written on back)
4. Life in the UK certificate (2 nos)
5. 5 years bank statements
6. 3.5 years payslips
7. P 60 (last 3 years)
8. Employment letter from HMRC (covering last 5 years)
9. Employment Reference letter (current employment and previous employment)
10. Work permit + HSMP approval letter + Tier 1 approval letter
11. Cohabitation documents (Marriage certificate, Tier 1 dependent approval letter, Council tax, Tenenancy agreement, bank statements)
12. Child Birth Certificate


I hope I have not missed anything. If there is anything else I need to be aware of or any documents that are missign please let me know.

Hoping for the best.!!!
Life isn't fair, but you can be!

botech79
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Posts: 31
Joined: Fri Oct 07, 2011 10:14 pm

Post by botech79 » Mon Nov 07, 2011 3:55 pm

hope these documents should be sufficient?? your help is muich appreciated.

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