deception ILR refused

[naveediiqbal]

May be due to out of 29K earning the non taxable element was 6K. so the taxable gross become 23K on which tax would have been paid. Try getting exact calculations from your employer if possible. and if that is the case you may be fine

[hellonewhere]

@anumkh am sorry if my answer was too technical.

Basically, what you received was a "salary sacrifice".

Normally, this isn't included in your P60, that's why it shows a lower amount because there is no provision in PAYE Regulations for non-cash benefits to be taxed through payroll.

If you are worried, you can get a confirmation from your employer re the scheme and their agreement with HMRC.

It's not a problem.

[Go12]

I guess people who went for 2 nd tier 1 extensions last year,ukba must have rigorously checked their tax returns and called few for interviews??
So people who got tier 1 ext for 2nd time must have had their application scrutinised well?

Any inputs on this

[anumkh]

Hi thanks for your kind response. I tried to contact them but they said P60 is the final doc etc.I am not working with them any more may be that's why they are not interested. All I want to know does this effect my ILR application in future as many people said that IlR application has been refused because of less tax paid . Though most of them are self employed but still want to find what will be the situation of employee's who are relying on salaries and paying their tax through PAYE.

[CR001]

said P60 is the final doc

P60s are only issued once which is why employees are advised to keep them safe.

[hellonewhere]

Hi thanks for your kind response. I tried to contact them but they said P60 is the final doc etc.I am not working with them any more may be that's why they are not interested. All I want to know does this effect my ILR application in future as many people said that IlR application has been refused because of less tax paid . Though most of them are self employed but still want to find what will be the situation of employee's who are relying on salaries and paying their tax through PAYE.

You must have a P11D?. That's where it will be logged.

[Chase53]

Wow...UKBA is getting more and more tougher these days.

What I don't understand is how can these people with payslips prove to UKBA that their employment was genuine at the time of their tier 1 initial application when the company is dissolved and the applicant's records are not with HMRC regarding that employment.

Waiting to see some responses how they justify it to UKBA.

[anumkh]

Thanks " hellonewhere". Thank you for your advise . I'll cantact them and ask them again.

[jayacpr]

@chase , i have the same question , coz i am one of them ,and @4s6s tooo

[hellonewhere]

Thanks " hellonewhere". Thank you for your advise . I'll cantact them and ask them again.

To be honest, you don't even need a P11D neither any confirmation from your employer.

If you have a look at your payslip, you will have;

Total Gross Pay to date:xxxx
Gross for tax to date:xxxxx

and on the same payslip, the travel and sub benefit will be mentioned.

The total gross pay to date and gross for tax to date will obviously be different.
As the benefit is such that you aren't getting taxed on it.

[anumkh]

Thanks " hellonewhere". Thank you for your advise . I'll cantact them and ask them again.

To be honest, you don't even need a P11D neither any confirmation from your employer.

If you have a look at your payslip, you will have;

Total Gross Pay to date:xxxx
Gross for tax to date:xxxxx

and on the same payslip, the travel and sub benefit will be mentioned.

The total gross pay to date and gross for tax to date will obviously be different.
As the benefit is such that you aren't getting taxed on it.

Dear " hellonewhere" Thanks again. YEs you are right , Just check my pay slips. But what I did I have claimed ' TOTAL GROSS PAY TO DATE" instead of " GROSS FOR TAX TO DATE". now I am wondering does it effect my ILR application as now a days HO checking from HMRC. Company I have worked for is a big company and not a umbrella or dissolved company.
waiting for kind response.

[hellonewhere]

Thanks " hellonewhere". Thank you for your advise . I'll cantact them and ask them again.

To be honest, you don't even need a P11D neither any confirmation from your employer.

If you have a look at your payslip, you will have;

Total Gross Pay to date:xxxx
Gross for tax to date:xxxxx

and on the same payslip, the travel and sub benefit will be mentioned.

The total gross pay to date and gross for tax to date will obviously be different.
As the benefit is such that you aren't getting taxed on it.

Dear " hellonewhere" Thanks again. YEs you are right , Just check my pay slips. But what I did I have claimed ' TOTAL GROSS PAY TO DATE" instead of " GROSS FOR TAX TO DATE". now I am wondering does it effect my ILR application as now a days HO checking from HMRC. Company I have worked for is a big company and not a umbrella or dissolved company.
waiting for kind response.

Thank you.

I don't know about the home office but what I know is your gross pay is the amount including the benefit.
To add; your gross pay was 29k.
Your P60 differs as you don't pay tax and NI on it. It's a perfectly legal scheme same as childcare vouchers, pension contributions, season ticket loan, employee loan etc.

Take your payslips and P60 with you and you ought to be fine.
I am sure HO has seen plenty of cases such like yours and are aware of it.

Good luck, please keep us posted.

[jayacpr]

Please Guys , help me with my question , i have payslips at the time of intial application as i said before , after i saw this post i am worried as the company is dissolved .

[askhan]

Please Guys , help me with my question , i have payslips at the time of intial application as i said before , after i saw this post i am worried as the company is dissolved .

Mate,

What I understand, is if you were working legally and all the TAX and NI is paid on time correctly, regardless of the company now busted or dissolved it shouldn't be an issue.

I have found this on GoV.uk, but can see the date of Memorandum, if you can find one it would be wise, because if this SLA agreement was done before your extension then they must have checked you info from HMRC and approve the visa, but if this agreement was done in recent days then we can expect scrutiny.

https://www.gov.uk/government/uploads/s ... ustoms.pdf

[Go12]

Have you done your 2nd extension.,
If yes then ukba would have checked your initial application history,and u must have got ur 2nd extension without any problem

[hellonewhere]

Please Guys , help me with my question , i have payslips at the time of intial application as i said before , after i saw this post i am worried as the company is dissolved .

Did I not answer this yesterday? Similar to the other person?

[Chase53]

jayacpr wrote:
Please Guys , help me with my question , i have payslips at the time of intial application as i said before , after i saw this post i am worried as the company is dissolved .


Did I not answer this yesterday? Similar to the other person?

Perhaps he is worried his records are not with HMRC about that employment as his company hasn't filed any taxes on his name.

[hellonewhere]

jayacpr wrote:
Please Guys , help me with my question , i have payslips at the time of intial application as i said before , after i saw this post i am worried as the company is dissolved .


Did I not answer this yesterday? Similar to the other person?

Perhaps he is worried his records are not with HMRC about that employment as his company hasn't filed any taxes on his name.

Page 2 of this thread.

[Chase53]

jayacpr wrote:
Please Guys , help me with my question , i have payslips at the time of intial application as i said before , after i saw this post i am worried as the company is dissolved .


Did I not answer this yesterday? Similar to the other person?

Perhaps he is worried his records are not with HMRC about that employment as his company hasn't filed any taxes on his name.

Page 2 of this thread.

ok I agree its his employers fault, but how that will affect his ILR application? Will they still refuse based no information with HMRC about his employment.

I don't want to rain on anyone's parade but want to understand the scenario. thanks

[hellonewhere]

@Chase - am sorry I can't give advice on HO's decision.

Someone more wise can shed light on that.

[Go12]

@askhan ,I have gone through the link you have
Posted and when I google Hmrc ukba Mou ,it
Shows that this agreement about transparency btw these
Both dept was agreed in sept 2013.
Correct me if I m wrong..
Paying tax is the utmost important thing ukba or hmrc are
Concerned about ..

[4s6s]

ok I agree its his employers fault, but how that will affect his ILR application? Will they still refuse based no information with HMRC about his employment.

I don't want to rain on anyone's parade but want to understand the scenario. thanks

Thats exactly my question as well. And I have been trying to call HMRC from yesterday and got tired of waiting.

@hellonewhere - Do you know whats the best time to call them?

[jayacpr]

my intial application was in 2011
1st extensoin -april 2013

due ilr -2016

[hellonewhere]

ok I agree its his employers fault, but how that will affect his ILR application? Will they still refuse based no information with HMRC about his employment.

I don't want to rain on anyone's parade but want to understand the scenario. thanks

Thats exactly my question as well. And I have been trying to call HMRC from yesterday and got tired of waiting.

@hellonewhere - Do you know whats the best time to call them?

Is this the number?

0300 2003 300

Monday to Friday 8.00 am to 8.00 pm
Saturday 8.00 am to 4.00 pm

If it is, the website says the above times.

I have never called as an employee myself but as an agent for clients, it's a separate option and gets answered quickly.

When I called HMRC for my own SA302, I was waiting for over an hour, almost two to be honest.

I don't work in payroll so I don't know whether that's the right or wrong number.

[cs95tdg]

I have been trying to call HMRC from yesterday and got tired of waiting.

@hellonewhere - Do you know whats the best time to call them?

Before 10am is what they advised me as best. I called them at around 9.30am a couple of weeks ago to get a PAYE Tax code correction done, and got through after around 10-15 mins on hold. So worth trying around that time.

And yes, the number mentioned above is the correct one. I can't remember the options I went through though. It was a voice recognition answering system that I went through.