ILR refused - Class 2 NI evidence not submitted

[asset80]

Hi All

My ILR application (Tier 1 general route) has been refused based on the reason that I did not submit evidence of class 2 national insurance. As from 2015-16 there is no bill generated and my earnings are falling in the same period I was not able to submit that evidence. I have been given 14 days to file Admin review.
The paragraph 19(b) mentions evidence of Class 2 National Insurance payment as:
(i) The original bill from the billing period immediately before the application or
(ii) If the applicant’s National Insurance is paid by direct debit, the most recent bank statement issued before the application, showing the direct debit payment of National Insurance to HM Revenue & Customs
(iii) If the applicant has low earnings, an original small earnings exception certificate issued by HMRC for the most recent return date
(iv) If the applicant has not yet received the documents above, the original dated welcome letter from HMRC containing the applicant’s unique taxpayer reference number

I am self employed since 2010. In my 1st application in 2011 I submitted the welcome letter but did not submit that with the recent application. Can I contend in Admin review that I dont have evidence of payment due to change of HMRC system as Class 2 bill will be calculated alongside the self assessment. And for the letter can I say that I submitted that letter in my 1st application and got the visa. Hence this requirement had already been demonstrated as well.

[Pscloud]

Which PEO

[ILR20160517]

Hi All

My ILR application (Tier 1 general route) has been refused based on the reason that I did not submit evidence of class 2 national insurance. As from 2015-16 there is no bill generated and my earnings are falling in the same period I was not able to submit that evidence. I have been given 14 days to file Admin review.
The paragraph 19(b) mentions evidence of Class 2 National Insurance payment as:
(i) The original bill from the billing period immediately before the application or
(ii) If the applicant’s National Insurance is paid by direct debit, the most recent bank statement issued before the application, showing the direct debit payment of National Insurance to HM Revenue & Customs
(iii) If the applicant has low earnings, an original small earnings exception certificate issued by HMRC for the most recent return date
(iv) If the applicant has not yet received the documents above, the original dated welcome letter from HMRC containing the applicant’s unique taxpayer reference number

I am self employed since 2010. In my 1st application in 2011 I submitted the welcome letter but did not submit that with the recent application. Can I contend in Admin review that I dont have evidence of payment due to change of HMRC system as Class 2 bill will be calculated alongside the self assessment. And for the letter can I say that I submitted that letter in my 1st application and got the visa. Hence this requirement had already been demonstrated as well.

Hi,

This is really frustrating as HMRC have change their policy to collect class 2 NI and HO didn't updated their guideline.

My visa also refused under this section and same reason. I am planning to apply for AR but not sure how the HO will react to this!!

Any advise regarding this would be much appreciated.

[sunny_sunny]

People who use PSC companies as a sole director and take money as dividends, avoid paying NI.
Paying NI is important and not paying is a deception which is a reason for ILR refusal.

[kirankhalil75]

Hi Sunny

its mean if you are director of a LtD company and you take Dividends so you have to pay NI ?

[naeem2930]

Hi

I talk to my accountant and he printed me some information from this link

https://www.gov.uk/government/publicati ... tributions


that being a director of a company you don't need to pay NI's because director is not mentioned any where it is only self employed.

[naeem2930]

Also if we read the questioner the one which is signed from applicants at the premium service it defines director as a self-employed person

like Q 2. What is was the nature of your business as Self Employed person ( Select that Apply )
Sole-Trader
Contractor
Limited Company Director or Share Holder
other (please Specfy)

If you asks an accountant director should not be included under the self employed category

[sunny_sunny]

Every working individual has to play NI. People use a loop hole by taking money as dividends and taking less salary before the NI threshold and avoid paying NI. This is deception

[UKBALoveStory]

Every working individual has to play NI. People use a loop hole by taking money as dividends and taking less salary before the NI threshold and avoid paying NI. This is deception

Ignore this....

[Wanderer]

Every working individual has to play NI. People use a loop hole by taking money as dividends and taking less salary before the NI threshold and avoid paying NI. This is deception

Link please.

Anyway, it isn't, it's perfectly legal and above board.

[sunny_sunny]

Don't mislead people. Lots of them are suffering due to accountants incorrect advice. Please don't join them.People come here for advise and providing incorrect information is not the right thing to do

[Devil81]

I absolutely agree with 'sunny_suny', a director is an employee of his own Ltd company so he is obliged to pay both employees and employers NI. Someone who has not paid and is due for ILR is inviting a definite rejection.
Anyone who is earning more than £150/week has to pay Class 1 NI. This topic has been discussed in the past. See link.

http://www.immigrationboards.com/indefi ... 00773.html