ILR -Tier 2 General enquiry

Hello all,

I have been a silent member for a long time and this forum has helped my friend immensely who has recommended me to post my query. Would really appreciate senior members/guru to shed some light. Immigration History:-

Tier 2 General approved 14th April 2009 which means I will be eligible to apply for ILR from 16th March 2014. But here is a problem:-

I have been with the same employer throughout. My employer hasn't paid any tax to HMRC for the last 3 years but i have been getting my wages every month after the deduction of tax as normal with a combination of cash, cheque, bank transfer and it wasn't paid to me on one particular date. However home office has visited twice in last 4 years and never checked any tax etc but still maintained A rating as an employer. Will that affect my ILR application? If I ask my employer now to pay my correct wages(as per my SOC code) for the last 3 months in the bank account to match the payslips before I apply for my ILR which is Jan, Feb, March(and I will apply my ILR in April). Will that suffice?

Looking forward to your replies.

If your company hasn't paid tax/NI for last three years then there won't be any record in your name/NINO with HMRC. How do you know that the company hasn't paid tax/NI for last three years ?

My employer has told me that there was no tax paid for 3 years. If there is no record on my name how would that affect my ILR application?

amit_555 wrote:My employer has told me that there was no tax paid for 3 years. If there is no record on my name how would that affect my ILR application?

this is strange, if they can't see you paid tax how can them be sure you were working legally?
if you got your employee tax reference and NI number, you can find out your tax history by calling HMRC.
i would suggest you do so.

I am sure if I contact HMRC they probably won't have any record on my name as no tax has been paid by my employer in the last 3 years. I am still employed by the same company which still has an 'A' rating with Home office. My current Tier 2 is valid until July 2014.
If I go for same day ILR application with last three months wage slips collating with the bank statements and with a separate letter from employer stating that the wages were paid in a combination of cash, cheque and bank stranfer. What do you think are the chances of getting the ILR approved?

Call HMRC and see at least they have been informed that you have been working since 2009. If not , it puts you in difficult situation. UKBA verifies employment with HMRC .

amit_555 wrote:I am sure if I contact HMRC they probably won't have any record on my name as no tax has been paid by my employer in the last 3 years. I am still employed by the same company which still has an 'A' rating with Home office. My current Tier 2 is valid until July 2014.
If I go for same day ILR application with last three months wage slips collating with the bank statements and with a separate letter from employer stating that the wages were paid in a combination of cash, cheque and bank stranfer. What do you think are the chances of getting the ILR approved?

home office and HMRC are two separate entities. home office can use HMRC servicves if they want.
if you have got last 12 months pay slips along with bank statement where the anount paid match, you can try.
however if I were you, I would have taken services by some professional.

Also , check the below post.
http://www.immigrationboards.com/indefi ... 25153.html

It all looks risky so i have decided not to go for ILR but extend my tier 2 by switching employer. Will the tax problem stated above affect my tier 2 application?

I did phone HMRC and there is nothing in the record for any taxes paid.

Your new employer will assign you a COS . Extension shouldn't be a problem .

Coming back to your ILR , Your employer agree to give you reference letter in required fromat for ILR ? e.g. SOC code , paid above SOC code and employed for five years ?
If Yes , then you might give a try . Because paying/deducting tax responsibilty lies with employer . If X amount is dedcuted from your salary and not paid to HMRC then company should be held responsible.
It is still very risky but worth trying .

Yeah he is ready to give the letter. But he has also paid me the salary in combination of cash, cheque and bank transfer. So the last 3 months payslip doesnt coincide with the bank statements. But the employer is also ready to give the letter for that too. Still stand a chance?

The problem is all these 5 years are null and void for ILR . Worst case it gets rejected and you have already come to terms with it.
Now , if HO decides to check with HMRC and your VISA gets rejected then you can take legal route as your stay is legal because you had valid work VISA. Paying NI/TAX for permanent employee lies with employer as they have deducted it and you have provided them your NINO.
Obviously , there is RISK and you should be mentally prepared for it. At least applying for ILR in your case with all correct information isn't illegal or wrong.
Think about it based on your priorities and take a decision accordingly . If you don't mind update us on your decision.

Hi Amit,

What was the outcome of your application? Did you get your ILR? I am more or less in same situation only that I have suspicion that my employer hasn't paid my tax/NI. I have my wage slips, P60s and corresponding bank statements but still not sure if the HMRC part is okay or not.
Your reply would be a big help.

Many thanks in advance.