spouse visa refused ,pls help

[jassi55]

ECOs Reasons for refusal You state that your sponsor initiated employment with xxxxxxxxx from 01/04/2013, As evidence of your sponsors employment you have provided the following documents:
1. A sponsorship declaration signed before solicitor .
2. An employment contract stating commencement of employment on xxxxxx, dated the same day. I note this contract was signed by your sponsor and the General Manager.
3. A letter, on letter headed paper from the employer, confirming employment with with effect from 01/04/2013

4, Six payslips from xxxxxx confirming a monthly salary and showing tax deducted. It is noted that these payments do appear in Bank account (ending xxxx).

From 6 April 2013 employers started reporting PAYE information to HM Revenue & Customs (HMRC) in real time. You may see this referred to as Real Time Information - or RTI. This means that employers (or their accountant, bookkeeper or payroll bureau) have to send details to HMRC every time they pay an employee, at the time they pay them and use payroll software to send this information electronically as part of their routine payroll process.
• As a result of checks conducted with colleagues in Her Majesty's Revenue and Customs (HMRC) and their records dated till 06/12/2013, I am not satisfied that your sponsor's employment is as claimed. The payslips submitted from xxxxx from May 2013 to October 2013 show that PAYE Tax has been deducted, however HMRC have no record of your sponsor paying tax for his employment with xxxxx during this period or after_ Given that HMRC have no record of your sponsor's income or tax from xxxxxx from April to December 2013. i am satisfied that the payslips for May 2013 to October 2013 are non-genuine. I have no reason to doubt the information provided by HMRC.

i am genuinely working in the company and i get payslip every month and salary paid to my bank account as well . i don't know what to do .if my company didnot pay my tax , how can i overturn this situation

thanks

[ash2006]

so they basically refused cause u your tax wasnt deducted from your wage slips, only the paye was deducted ie the employee, for taking you on, if those were deducted and you payed tax you would of got your visa, regardless of if you are employed after date of application submission or not, i guess someone got some explaining to do

[MPH80]

The only real 'out' you might have had is that larger companies were excluded until October 2013 - but given the ECO checked until December 2013 - that would indicate something is up somewhere between your employers systems and HMRC.

Either:

a) Your employer isn't using RTI as they are supposed to
or b) It isn't making it into HMRC as it's supposed to

You need to find that out ASAP - and if it's the latter, get some confirmation from HMRC of the problem and then ask for an ECO review. If it is that case - you'll be doing your employer a favour drawing it to their attention.

If it's the former - you might discover your employer isn't as solvent as you might think! But I'm really not sure what you can do in this case other than get some confirmation from HMRC that you are being paid and it's the employer's fault the data hasn't made it to them.

M.

[jassi55]

Hi MPH80, i have spoken to our accountant today and he said , they still have to declare all their tax to HMRC ,what i should do now , i have all the payslips and bank account enteries, pls help

[MPH80]

Then your employer is currently breaking the law. RTI was mandatory from April 2013 and became mandatory for large companies in October 2013.

The exceptions for RTI are listed here in the first table: http://www.hmrc.gov.uk/payerti/on-or-before.pdf - do you fall into any of those?

Assuming not - your employer needs to catch up and sort themselves out - then you need to reapply once HMRC have received all the records. Your only alternative is to get a letter from your company accountant acknowledging the problem, a confirmation from HMRC that they have been informed of the problem and are in agreement that you have been paid correctly etc.

HMRC did put a rider in for small companies (http://www.hmrc.gov.uk/news/rti-small-businesses.htm) but even that requires that they send the information by the end of every tax month (the 5th of each month).

M.

[jassi55]

Hi MPH80, i am writing a letter to HMRC to complaint against my employer by attaching refusal letter and my payslips with this , is it okay . please suggest me if i am doing anything wrong. thanks

[MPH80]

Well - aside from annoying your employer - it's unlikely to help you.

You need to get the data problem fixed - and the only person who can do that is the employer.

[jassi55]

Hi MPH80, i have spoken to my boss today and he said its our accountant fault , he said they are ready to help me with everythg , but i don't know wat information i need to get from them . Pls help me n explain me wat i need. thank u so much for helping me so far . u r like a angel to me , thanking u again .

[MPH80]

It's as I've said above:

You need a letter from the employer confirming it's their problem (and that they are working to fix it)
A letter from HMRC acknowledging the employer is at fault and that you have been paid.

[jassi55]

Hi MPH80, my employer said they will send my and all staff data to HMRC by wednesday 12/ 02.......... how can i make sure ...... they are telling me truth , i am really worried .....thanks

[MPH80]

As far as I know - the only way will be to ring HMRC and ask!

[jassi55]

hi MPH80. actually i got permanent right of residence under retained right of residence under eea regulations , can i not apply for eea family permit for my wife ? thanks

[MPH80]

I don't believe so, no.

But others may correct me.

[jassi55]

Hi , MPH80 , i went to a lawyer todday ............he said even my employer updates all my tax with HMRC and give me a letter , i can't reapply , i still have to go through appeal route , because my payslips are not genuine , even now , even my employer fix that problem and he said he will charge me 1000 pound for appeal and 140 for appeal fees ,i don't know wat to do ......................can i use surinder singh route as i will receive my brit passport soon , how fast is surinder singh route , pls help me ?

[MPH80]

So this is beginning to move beyond my sphere of knowledge.

As far as I can see - your payslips ARE genuine (from what you've written) - but that the validation of them with HMRC failed and thus if the validation is fixed - the payslips remain genuine.

The singh route has become substantially harder now. You will have to completely move your life to the new EU country and probably spent at least 6 months living and working there before being eligible for return and your application will be carefully scrutinised. A failed spouse visa application may well flag up a detailed analysis of your living situation in the new host country and they will be looking that you have moved the centre of your life to that new country.

I will ping one of the senior mods here to take a look at this thread.

[ash2006]

jassi i really do feel for you mate hope things work out for you, i dont recommend the surinder route right now i heard its gone quite tough and they will do more investigation on moving there etc, you either appeal, or reapply

[jassi55]

can i appeal and reapply at the same time ?

[Rayking]

Hello,
You need to calm down and you'll be fine ok.
First I will advise you not to pay £1000 to a lawyer,IF as you said your pay slips are genuine, then you have a strong case of winning your appeal or reapplying.
Let me point it to you that,that mistake isn't your fault,it's not within your power as a PAYE to pay your taxes,except if you don't get P60 from your employers at the end of the year.
The ECO knew this,just being malicious, I'm encouraging you,you can do it,you can get it sorted without paying a lawyer a 1000 who is defo interested in increasing your fear to get your money.

[Rayking]

Now this is my suggestion,confirm from your employer if they have sent the payment as they told you.
Ask them to write you a reference letter explaining the reason why the taxes got delayed.
Write a letter to the ECO explaining the payment of the tax isn't within your power as a PAYE.
I might be able to say more depending on if they are willing to give you the reference.
After that, get in touch with HMRC,ask for your request for your tax updates.
Now,it depends on if you wanna reapply or appeal.
I tell you what,if you're appealing you can win without spending your money on a lawyer,provided this case is just the way it's stated.
I can sense you're worried but you gonna be fine ok,

[jassi55]

thank you ray king .............actually my wife is so sad all the time and i don't want to appeal as it takes up to a year ........can i not reapply with all the detailed information as you explained,thank again i am a genuine person i have all the payslips and bank account entries of payslips , but it just our accountant , but they said they will fix everything and help me with all the letters ,

[vinny]

can i appeal and reapply at the same time ?

Yes.

[Rayking]

If you can afford it,yes you can,but make sure you get new letters because the letters you got before would be more than 28 days by now.
If that's the ONLY reason you were refused for,then you stand a good chance.
As per your wife,she needs you at the moment and if you're so worried you won't be able to give her the support.
I suggest,you send in appeal first and if you really can't wait reapply after like 2 or 3 weeks,I'm saying that because if you put in a good explanation, the ECO might reconsider your application without it even going into the appeal.
I'll be willing to help in any little capacity if need be.
I just want you to cheer up,ok.

[jassi55]

Thank u so much Ray king , MPH80, Vinny ,Ash..............i am not feeling alone anymore ..............u all are here to help me ........... its just unbelievable that u all supporting me with all their knowledge............ i m relly thankful to u all
Ray king thanks again for your support and motivation ............... i will let u all know about my progress ............. i will try get all documents sorted and i don't know how to file an appeal ? thanks

[vinny]

Note that for non-PBS applications, copies of additional evidence may be submitted for an appeal.

[jassi55]

hi Vinni, sorry i don't understand wats mean by non PBS applications ? pls expalin