ILR- Tier2 - P60's DO NOT MATCH COS!

[tallat]

Hi Experts,

I have a MAJOR problem with my P60's NOT matching my salary on both previous COS.
My company hired an agent to fill in my forms and apply for the COS.

In first application (2010) She stated on COS that my gross salary was £26,000.
BUT P60 shows it is £22,600.

The second extension in 2012 she stated on the COS that my gross salary was £27,000.
BUT on the P60 it shows £23,800.

Only on my latest P60 (2015) it shows £27,300.

I am now applying for ILR on 4th August (premium appointment) And have hired a lawyer to help me with this. My lawyer has just informed me that my application will be refused because the amount stated on the COS and actual salary amount does not match.

Is there any way around this? I was not aware of this and due to many changes in HR, they weren't aware of this either.

Please can anyone help me?
Thanks,
T

[safatafa]

You don't need p60 that's first thing.
next what's the salary on ur pay slip and us that salary reflecting in ur account. If yes then that's fine.
what is ur soc code and salary as per soc?
If you salary is lower than soc on different hrs then u can prorate to meet the requirement.
please confirm ur salary and hrs actual and as per soc

[tallat]

Hi Safatafa

Salary on payslip for 2010 is 1.8k gross. 1.5k net, and is the same 1.5k on bank account statement.

This does not work out to be 26K annual gross, which is what was stated on the COS/application. Working Hours are normal 37pw.
SOC code is 3115, and my salary is above code threshold.

It appears that my company have not fulfilled sponsor duties / followed the amount stated on the COS, but that is only due to the error of entering 26000 instead of 22600 on the initial COS and application.

I have spoken with 2 people at the home office and they say my company should have used the SMS to alert them of the problem but now is too late. Even if I don't submit P60 there is the chance that they will check and it would be clear that I wasn't earning the correct amount stated.

I have been advised to apply for another extension but this still doesn't solve the long term issue

[safatafa]

Hi
the thing is u don't have to worry about p 60 it is not a requirement.
secondly u need to relax the only thing u need to make sure is at the time of indefinite u need to have the right salary on pay slip and bank statement don't make it too complicated as past can't be changed and u have control over the present

[tallat]

My lawyer cancelled my ILR appointment today and says that they will apply for an extension for me next week, and I should apply for ILR in March 2016. It just seems tough proving 5 years of utility bills since I have moved house so many times. Thank you so much for the reply you have really given me hope for my future.

[safatafa]

Are u applying with a dependant?
If yes then u need address proofs else u don't for single applications???

[tallat]

No I'm applying single.
I don't understand how you can prove 5 continuous years without having utility bills and P60 (as its optional)

Besides payslips / bank statements for the last 1-3 month what else do they go by? passport and Travel dates?

[FaeLLe]

Your lawyer is rubbish... all you need is immigration stamps to prove 5 years of residency in the UK.
Look at some of the sticky posts on this forum.

[mmo]

Hi Tallat,
Did you managed to get your ILR successfully at the end? I am on similar boat for my first year.
Please reply,
thanks

[tallat]

YES! I did!

I didn't hand in any p60's for Tier 2 ILR.
I gave all the other documents listed on the form, along with one utility bill per year. (ie: 5)

I did have 6 months bank statements and 6 months payslips which show the correct salary matching what is stated. My company paid me more to match this......

So I didn't apply for my ILR in August 2015 when I was able to, but only applied in March 2016 once I had a few months showing the matching salaries.

[FaeLLe]

Since when do you need to give utility bills for ILR?
I thought the sponsor certified 5 years of residency through their employment confirmation letter indication SOC code, salary and absences out of UK!

[mmo]

Thanks Tallat for reply such quick.

You are a star. I am in similar situation. My first year of 5 years shows an earning less than what is mentioned on the SOC. After that, it is all good though.

I have lost p60 for second year as well. So I asked for employment history from HMRC, which hopefully I don't want to show it to Case worker.

Congrats on your application success.

[tallat]

No, you don't. That is why I gave all the required documents and as EXTRA info I added a few bills in to show I have been resident. Some people give P60s which aren't required.

The point im making is that you only need what is required on the list. Don't worry about the rest but add it in if you want.

[tallat]

That should be fine as long as what is stated matches your salary and code as of now (and the 3-6 months that you hand in).

thanks

[mmo]

Thanks Tallat,

I am going for in person appointment and am not so busy at work at the moment. So just with my wandering mind, all possible bumps come to my head. I got my tier 2 in June, so I could argue that April and May pays are on old lower rate, if they happens to want to see my employment history.

You are right, they dont mention about P60s in the application form. I am not sure if they have any other guidance document about this though.


Have a lovely evening,
mmo

[abhisheks9]

Hello @Tallat
Mine is not exact case but got similar doubt?
i m on Tier-1(General) and requested HMRC employment history recently.
For recent financial yr 2014-2015, i switched job/employer, and there is mismatch between P60 and HMRC record, but i got refund from hmrc for that yr, still refund is not filling the gap.
To be specific, i switched from employer A to B in month in Apr-2014, got refund for that yr n 2015.
In P60 employer is shown for 1.5 months for gross and tax, but in HMRC it's shown for only a month of gross and Tax. Refund amount is less than the difference of P60 and HMRC history amount?

is this a problem, or may be not as you mentioned that P60 better to be avoided?