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Dear pinkpop,pinkpop wrote:Does your employment history letter shows another tax return for e.g coopration tax, vat return, etc... or it only shows the ni and paye paid for past 4 years?
My employment history doesn't show my limited company earnings or employment because I was not registered as PAYE. You have to register for PAYE for your limited company employment to appear on HMRC record. And you don't have to register if you are drawing small salary. Its good to have PAYE but not a must. My other employments appears on the employment history.pinkpop wrote:Thanks for your information. So the employment history will records every returns( personal and ltd director)you made for past years am i right?
I think that you should be fine as you will provide the earnings by payslips and not divdents as a full time employee. The case worker will do the work base on what documents you provided, if it is very clearly shows you met all requirements and i don't see why they need to check your preiously earnings. CW may check only when they feel something not right.
BTW when your peo will be?
Wish you all the Best of luck
Dear AUHS,AUHS wrote:Let me make it clear guys. I am reading your posts and just want to clear some doubts.
Ukba or Case worker will surely dig out the grave of your previous earnings or application details if they smell some thing . They will contact with HMRC and confirm the earnings claimed in your previous application.
If for what so ever so called ... Accountant mistake ... Or expenses was increased ... Or what ever.If your earnings claim is not the same with HMRC and Ukba then you are in big problem.
I have seen 2 cases of ILR refusal (Self Employed and company Directer ) their application have been refused under paragraph 321/Deception. Both of the guys even amend their tax returns and correct their records with HMRC.
1 guy sent the am mended tax reurn to Ukba along with a pre action protocol (pre JR ) letter to ukba and had asked then to review the decision ... But you know what ...
Ukba refused again and maintained the refusal by saying they believe this is deception and am mending the tax return is not credible by them.
I have seen the refusal letters my self ...
Other guy is in appeal process ...look what happen ....
I am not saying that Ukba is checking every body ... They do it if they doubt any thing and if it's you then you are screwd up man .....
I know a lot if people's are in trouble whom digits are different between HMRC and Ukba .....
@fn286fn286 wrote:
I agree that everything should be clear with HMRC... but its corporation tax... not personal tax... my self assessment is fine...
I'm still looking for facts...
Dear AUHSAUHS wrote:Answers to your point 1 :
You are right that they have to request information from HMRC as can't be done on same day.
One of the case I mentioned applied in PEO and they held his case by saying that they need to do further queries .Remember same day decision is NOT gurenteed in PEO's.
Point number 2:
Ukba changes the immigration rules on 1/10/2013 to tackle the abuse.
If you read all the section in their then you can see all
1: checks on declarations ( about your earnings made to other Gov departments) in your previous application.
It's not impossible .....
I agree with you as you mentioned before you claim salary only this time for ilr. Based on your profile that clearly shows you meet every single requirement so i doubt the cas worker will track any preiousely earning you claimed. The case worker will pay more attention for those people claim their earning as self employed or ltd directors. They are most unlikely checking employee income.fn286 wrote:Dear AUHSAUHS wrote:Answers to your point 1 :
You are right that they have to request information from HMRC as can't be done on same day.
One of the case I mentioned applied in PEO and they held his case by saying that they need to do further queries .Remember same day decision is NOT gurenteed in PEO's.
Point number 2:
Ukba changes the immigration rules on 1/10/2013 to tackle the abuse.
If you read all the section in their then you can see all
1: checks on declarations ( about your earnings made to other Gov departments) in your previous application.
It's not impossible .....
I have read your full immigration rules myself, recent ones and I completely agree with what you said.
But still I guess I'm not making myself clear. Cases you mentioned are most likely, and I'm actually certain, are the cases where earnings were claimed as self employment or limited company director. This is how they must be claiming points on their ILR applications. Even I will put the decision on hold in that case. Ofcourse you will need to provide everything that is asked because that is your current work and you should have all documents.
My case/question is different, its past tense, back log.. I won't be claiming points or even mentioning anywhere on the applicaion that I was limited company director once in my life. But ofcourse CW can always check details from my past experience. My concern was, will I be challenged on documents/tax records from the past? Anybody can lose it, you don't have to keep it. Company is closed, corporation tax paid, self assessment submitted for 2011-2012.
Please can you check with these guys, if at all possible, what basis they claimed their earning on ILR application? I'm absolutely sure they claimed as self employed and limited co director. If not, then they are very unlucky to be caught.
My self assessment (SATR) was submitted for my dividend income and I have got the copy from HMRC. If CW asked any question for that year, I will show him the copy of SATR as proof of my earnings. And if CW asked for corporation tax details, which I don't think he will as its no where on my ILR application, I will let him know I closed my company after accepting employment with my current company. And if I find him really pissed, I will then show him confirmation of corporation tax paid. And if he will then ask how this tax was worked out..details etc... then I will say to him I dont have it with me sue me sucker!! Only kidding, I know CW will not get their ever... I have a strog case and a really good job... when CW will look at my profile...he won't bother asking any questions...
I will reply to mrehanashraf too.
Dear mrehanashraf,mrehanashraf wrote:@fn286fn286 wrote:
I agree that everything should be clear with HMRC... but its corporation tax... not personal tax... my self assessment is fine...
I'm still looking for facts...
Your Self assessment contains Salary and dividends that your company declared and paid to you. It does not mention Corporation tax.
I checked mine Self Assessment Form and confirmed.
Now the point to ask is Employment History from HMRC (i think SATR) is same as Self Assessment Form?
Apologies.. this was for pinkpop.fn286 wrote:Dear AUHS,
I don't have P60's from past years but I have the alternate that I also quoted on my reply to mrehanashraf. That's employment history letter from HMRC (RRS one, with no employer names, salary or NI amounts) that is HO approved format. It shows that I paid NI in last 4 years hence I was economically active.
I'm applying before april so my current employer cannot issue P60, but I will take employment history letter (the one with employer details) with me just in case. That might not show my earnings n all from current employer but the company name will surely appear. but what I have noticed is that the other employment history letter (RRS one) really good enough.
I just wanted to be clear and raised question on this forum, thought someone may have exprienced similar situation. but this forum is helpful.
First quesion.. what category you are claiming your earnings? Are you currently a limited company director or you were at the time of extension years ago?mrehanashraf wrote:Hi fn286,
Thanks for your detailed explanation. What can be the situation if Self Assessment figures (Dividends part) does not match (less than )with claimed Dividends but still they are higher than the Qualifying Point?
And second thing, the claimed 12 months period can differ from Self Assessment Period (6 Apr to 5 Apr any given year). And if both are not same then there is a chance that Dividends of 2 Financial Years lies in between claimed 12 months period. What you say?
Thanks
MRA
How about a person only takes monthly salary for past 5 years and never taken any divdents at all. What ever Paye tax or NI all paid in time. Has all p60s for past 5 years and all salary were over the requiremnts at initial and extension as well, also never filed applications as ltd director.Now the person sold the company a year ago and the person continued to work for the same company. What do you think about this case?AUHS wrote:Well I know 1 thing for sure.
It does not matter that some body was self employed or director of limited company.and now they are salaried ....
Ukba can and will randomly(quiet often now a days) check his past application details.case workers are making sure that the applicant WAS eligible for the claimed earning points in the last application and he or she paid the appropriate tax and declared the same earnings to tax department.
Simple ... If the earnings/digits are not same with Ukba and other tax departments ... Then big problem and hard to rectify.
If earnings are same with ukba and tax departments ... Well and good ... No worries even you are paying your taxes in instalments.
Dear AUHS,AUHS wrote:Well I know 1 thing for sure.
It does not matter that some body was self employed or director of limited company.and now they are salaried ....
Ukba can and will randomly(quiet often now a days) check his past application details.case workers are making sure that the applicant WAS eligible for the claimed earning points in the last application and he or she paid the appropriate tax and declared the same earnings to tax department.
Simple ... If the earnings/digits are not same with Ukba and other tax departments ... Then big problem and hard to rectify.
If earnings are same with ukba and tax departments ... Well and good ... No worries even you are paying your taxes in instalments.
Again...incorrect reference to the case... those guys were applying as self employed/limited company directors... ofcourse they will be in trouble... my case is different...and my concern is regarding corp tax...not income tax...AUHS wrote:Well it is all up to you...You want to agree or disagree....
The case I mentioned which refused ILR .....he was was refused due to discrepancies in his last Tier 1 Extension application.UKBA did not even look at his documents which he submitted with his ILR application.
I am getting out of this discussion but I will make sure that my past and present is squeaky clean to avoid any problems.