National Insurance Payments - Applying for ILR under Tier 2

[Qwerty-UK]

Hi. I first arrived in the country in September 2008 (work permit) and changed employment in mid 2010 (Tier 2) as the company was going under. My colleagues and I took the former employer to the employment tribunal for missed salaries (missed 2 salaries in Dec 2009 and Jan 2010). I was quite senior so I stayed on board and got salaries between March and June. The company then went into hiding so we haven't even been paid despite tribunal orders.

Now, I'm due for ILR in August. I contact HMRC for my employment records only to find out there have been no national insurance payments from my previous whatsoever. Effectively, I have been unemployed for those 2 years! I have all my payslips, P60 from 2008/2009, tribunal letters and I can ask my bank for bank statements if needed.

Has anyone else been in a similar situation? I couldn't find anything in the search. Will really appreciate any advice. As if it couldn't get any more stressful.

[John]

I contact HMRC for my employment records only to find out there have been no national insurance payments from my previous whatsoever.

What about tax? The payslips no doubt show tax deducted from your pay. Had that tax been paid over to HMRC?

[Qwerty-UK]

No, it doesn't look like it was paid. It's a case of tax fraud by the employer. I only received the letter from HMRC today. I'll be sending them copies of my payslip and P60 tomorrow.

Do you think I should go through a solicitor when applying for ILR or should I just try my luck at the PEO office?

[egoneo]

No, it doesn't look like it was paid. It's a case of tax fraud by the employer. I only received the letter from HMRC today. I'll be sending them copies of my payslip and P60 tomorrow.

Do you think I should go through a solicitor when applying for ILR or should I just try my luck at the PEO office?

you should go through a solicitor definitely because youll need to argue your case.

from the looks of it though the ukba granted you a visa initally so the employer must have passed their checks at the time. If you can prove that you werent part of their fraud scheme and have maybe the bank statements to show the payments going in then you have a case.

[John]

Do you think I should go through a solicitor when applying for ILR or should I just try my luck at the PEO office?

I think you should seek advice from a solicitor or a competent OISC-registered immigration adviser.

[Kevin24]

No, it doesn't look like it was paid. It's a case of tax fraud by the employer. I only received the letter from HMRC today. I'll be sending them copies of my payslip and P60 tomorrow.

Do you think I should go through a solicitor when applying for ILR or should I just try my luck at the PEO office?

At PEO appointment try MY luck theory will not work. You would not know what document the CW will ask.If you are thinking of going for a PEO appointment,please ensure that you have all the necessary documents. The CWs have checked with HMRC and Dept. of Work and Pensions,in the past..Whether they do it all the time I do not know.

[Qwerty-UK]

Thanks. I'll try to get in touch with a solicitor.

Now that I think about it, one of my former colleagues didn't get benefits (she's British) because of the same reason. It seems like this was the case for all former employees. Such a messy situation :\

[Qwerty-UK]

Hi. Sorry about the re-opening an old topic, but will appreciate some advice. HMRC have been very helping in getting my NI/PAYE payments sorted, but it's not quite right.

• Firstly, it's missing some payments (I can chase them for it again).
• Secondly, it's under the wrong company name. I was sponsored by CompanyA but it says CompanyB. Both companies were run by the same directors from the same office. I had questioned this initially but the directors said it wouldn't matter

My current company's solicitors suggest I get in touch with my previous employer and ask them for a letter. I can do this but I suspect it'll be pointless as that will prove they breached immigration laws by paying me from a different company than the one that was authorized.

I'm really unsure what to do now. I'll talk to a few lawyers but can someone advice?

To help with the previous problems, I have:

• my original work permit and employment contract
• every bank statement showing my salary payments
• almost all payslips
• companies house information which I can get to show the common ownership and potential fraud by my sponsors
• employment tribunal documents

Worst case I could go through some sort of appeal process, but I really don't want to be stuck in their existing massive backlog.

Will appreciate any help. Thanks.