PBS ILR refused..need a help

Mkg · Post by **Mkg** » Sat Apr 30, 2016 2:47 am

Hi All

My ilr visa refused reason;
For the year 2012/2013 claimed earning are not matching with HMRC records.
After speaking with Hmrc , I came to know that one of my employer not updated the earnings correctly. They advised me to send a copies of p45,payslips..etc and a letter in writing explaining the situation.
Came to uk in 2008 on student visa
Psw:2009
Tier 1 general visa got in 2011 April
Tier 1 general visa extended in 2013 April
i have 14 calendar days to apply for admin review
I have all the earning proofs ;p45,p60 and payslips for that year.
Is anybody is in same Kind of situation or come across
Please advice me

Thanks

mike799 · Post by **mike799** » Sat Apr 30, 2016 3:11 am

Did you provide your P-45 P-60 along with your documents ?
and did you go on PEO or send your application by post?

Mkg · Post by **Mkg** » Sat Apr 30, 2016 3:16 am

mike799 wrote:Did you provide your P-45 P-60 along with your documents ?
and did you go on PEO or send your application by post?

No I did not submitted for that year
And I went PEO on 22nd March 2016

mike799 · Post by **mike799** » Sat Apr 30, 2016 3:22 am

you should submit your P-45 and P-60 for atleast for those years in which get your Initial Visa and Extension
do you have any leave to remain left if yes how many days left in your visa?
and lastly the company where was you work still in operation ?

Mkg · Post by **Mkg** » Sat Apr 30, 2016 3:31 am

mike799 wrote:you should submit your P-45 and P-60 for atleast for those years in which get your Initial Visa and Extension
do you have any leave to remain left if yes how many days left in your visa?

Thanks for your reply
I have submitted the last 12 months payslips and bank statements
Life in the uk and masters degree
I went to the PEO on 22nd March and case worker said they need to make further more checks so decision can't be made on same day and did not asked me any other documents.
Letter received today saying its refused
My visa expired (10th April)
Please advice me

mike799 · Post by **mike799** » Sat Apr 30, 2016 3:43 am

So it means you don't have any leave left and cannot make fresh application.
you only have option of AR PAP and then JR
If your employer business is still in operation ask them to pay all outstanding taxes. if employer submit your all outstanding taxes it would be amended faster in HMRC record rather than you do it yourself.
and also ask them to provide you a letter explaining that they have made an administrative error in submitting your taxes in HMRC.
If company you work dissolved then write a letter to HMRC explain all your situation with supporting documents of salary slips, Bank statement and P-45/P-60. and request HMRC to provide a confirmation on their official letter that your total income from employment in 2012/2013 is as follows.
and make sure dont send your original documents to HMRC just send copies.

Mkg · Post by **Mkg** » Sat Apr 30, 2016 4:02 am

mike799 wrote:So it means you don't have any leave left and cannot make fresh application.
you only have option of AR PAP and then JR
If your employer business is still in operation ask them to pay all outstanding taxes. if employer submit your all outstanding taxes it would be amended faster in HMRC record rather than you do it yourself.
and also ask them to provide you a letter explaining that they have made an administrative error in submitting your taxes in HMRC.
If company you work dissolved then write a letter to HMRC explain all your situation with supporting documents of salary slips, Bank statement and P-45/P-60. and request HMRC to provide a confirmation on their official letter that your total income from employment in 2012/2013 is as follows.
and make sure dont send your original documents to HMRC just send copies.

Thanks you for quick reply
I tried to contact my employer but they are not responding to the issue , so I called the Hmrc and explained the situation then they advised me to send a letter in writing , payslips and p45.
But it takes few weeks to sort out the discrepancies and after applying for AR it will only take 28 days to make a decision.
While applying for AR if I explain everything in detailed about the situation ? Is there any chance to get positive result?

mike799 · Post by **mike799** » Sat Apr 30, 2016 4:11 am

In administrative review Home Office mostly uphold the decision unless any admin error happens but unfortunately in your case there is 99% chances they uphold the decision. But their is strong chances in decision overturned if Pre action protocol (PAP) filed properly with detailed and strong arguments.

Mkg · Post by **Mkg** » Sat Apr 30, 2016 4:22 am

mike799 wrote:In administrative review Home Office mostly uphold the decision unless any admin error happens but unfortunately in your case there is 99% chances they uphold the decision. But their is strong chances in decision overturned if Pre action protocol (PAP) filed properly with detailed and strong arguments.

Thanks for reply
Can you please advise me about PAP , when and how should I do it.
Do we need to after AR or with AR
And another query is based on the latter provided on PEO saying that my application is on hold, I have applied for my spouse visa. What will going to happen about her visa decision , is it going to be on hold till my application resolved or based on the my refusal wil she also get a refusal. Do you have any idea ? Please advice me

mike799 · Post by **mike799** » Sat Apr 30, 2016 4:22 am

Try to get as much as evidence of your employment like salary slips, Bank statements , P-45 P-60 employment contract and any correspondences like letters/ emails etc. Your case is quite strong and stands good chances of success in PAP or JR.
But unfortunately you have to fight for long around 5-9 months and your section 3C also lapsed and you cannot work legally until ILR grant.
If you work during all this process then they might catch you later in Nationality application.

Mkg · Post by **Mkg** » Sat Apr 30, 2016 4:29 am

mike799 wrote:Try to get as much as evidence of your employment like salary slips, Bank statements , P-45 P-60 employment contract and any correspondences like letters/ emails etc. Your case is quite strong and stands good chances of success in PAP or JR.
But unfortunately you have to fight for long around 5-9 months and your section 3C also lapsed and you cannot work legally until ILR grant.
If you work during all this process then they might catch you later in Nationality application.

Can I work during the AR period?

mike799 · Post by **mike799** » Sat Apr 30, 2016 4:30 am

Mkg wrote:
mike799 wrote:I
Can you please advise me about PAP , when and how should I do it.
Do we need to after AR or with AR

''Yes you have to follow the law accordingly you filled AR first when get refused then you will able to file PAP''

And another query is based on the latter provided on PEO saying that my application is on hold,

''they hold all the documents which you provided along with your application until AR decision''

I have applied for my spouse visa. What will going to happen about her visa decision , is it going to be on hold till my application resolved or based on the my refusal wil she also get a refusal. Do you have any idea

''I think your spouse will also get refusal soon and also need to follow the same procedure.
I might be wrong on that one of senior member might give you better advice on that''.
? Please advice me

Mkg · Post by **Mkg** » Sat Apr 30, 2016 5:46 am

mike799 wrote:
Mkg wrote:
mike799 wrote:I
Can you please advise me about PAP , when and how should I do it.
Do we need to after AR or with AR

''Yes you have to follow the law accordingly you filled AR first when get refused then you will able to file PAP''

And another query is based on the latter provided on PEO saying that my application is on hold,

''they hold all the documents which you provided along with your application until AR decision''

I have applied for my spouse visa. What will going to happen about her visa decision , is it going to be on hold till my application resolved or based on the my refusal wil she also get a refusal. Do you have any idea

''I think your spouse will also get refusal soon and also need to follow the same procedure.
I might be wrong on that one of senior member might give you better advice on that''.
? Please advice me

Thanks for reply
Can I work during AR period?

geriatrix · Post by **geriatrix** » Sat Apr 30, 2016 6:53 am

Mkg · Post by **Mkg** » Sun May 01, 2016 3:59 pm

geriatrix wrote:Yes.

My visa expired now
Instead of going to AR , can I make fresh application
Please advise me

geriatrix · Post by **geriatrix** » Sun May 01, 2016 4:32 pm

Making an out-of-time application is your choice. If you wish to, do so within 28 days of becoming an overstayer.

Do note that you are now an overstayer, refusal of out-of-time application will not give your a right of AR, and you will continue to remain an overstayer from the date of expiry of last leave.

Mkg · Post by **Mkg** » Sun May 01, 2016 4:37 pm

geriatrix wrote:Making an out-of-time application is your choice. If you wish to, do so within 28 days of becoming an overstayer.

Do note that you are now an overstayer, refusal of out-of-time application will not give your a right of AR, and you will continue to remain an overstayer from the date of expiry of last leave.

Thanks for reply
Hope you know about my situations by reading previous posts
I have informed HMRC to update my records and I have posted letter in writing the my situation and also sent my p45, payslips and bank Statements.
If I go for AR , is there any chance to get positive result
Pls advise me
Thanks

noajthan · Post by **noajthan** » Sun May 01, 2016 4:49 pm

Mkg wrote:If I go for AR , is there any chance to get positive result
Pls advise me
Thanks

Have you read any of the previous replies from various members?

Mkg · Post by **Mkg** » Sun May 01, 2016 4:52 pm

noajthan wrote:
Mkg wrote:If I go for AR , is there any chance to get positive result
Pls advise me
Thanks
Have you read any of the previous replies from various members?

Yeah got it
Thanks

geriatrix · Post by **geriatrix** » Sun May 01, 2016 5:02 pm

If your employer issued you fraudulent payslips, P45, P60 for the year(s) in question and submitted other figures in PAYE, the decision may not change - neither in AR nor in a new application (UKVI is going to see the same discrepancy, as before, when they check their systems for your tax records).

Nor will HMRC update their records because you say so. If the employer has declared inaccurate figures on PAYE, HMRC is unlikely to make any correction unless they come from the employer (with payment of any outstanding tax).

IMHO ...

geriatrix · Post by **geriatrix** » Sun May 01, 2016 5:23 pm

I can understand that you are in the situation today for no fault of yours but that of a (dodgy) employer.

If I were you I would request AR, this will extend your leave until AR is decided and give you some desperately needed time to find and consult a competent solicitor to pursue this matter through any possible legal means if AR fails (or even while AR is ongoing).

The argument in your defense can be that any dishonesty by employer is not your fault - an employee blindly relies on payslips, P45s , P60s assuming they are true and legitimate. An employee cannot be penalised for tax evasion orchestrated by an employer that the employee is unaware of. That's just my opinion and I am sure a competent legal professional will have much more to add.

All the best.

Mkg · Post by **Mkg** » Sun May 01, 2016 5:32 pm

geriatrix wrote:If your employer issued you fraudulent payslips, P45, P60 for the year(s) in question and submitted other figures in PAYE, the decision may not change - neither in AR nor in a new application (UKVI is going to see the same discrepancy, as before, when they check their systems for your tax records).

Nor will HMRC update their records because you say so. If the employer has declared inaccurate figures on PAYE, HMRC is unlikely to make any correction unless they come from the employer (with payment of any outstanding tax).

IMHO ...

Thanks for the reply
HMRC records showing start and end dates are correct and PAYE reference the only problem with the amount I earned its not matching.
I explained the issue with them so they advised me to send the all the proofs
I did that.

mike799 · Post by **mike799** » Sun May 01, 2016 7:34 pm

@MKG If employer doesn't want to pay the tax, request them to Pay the Tax yourself if the amount is not too big I know it is very unfair but seems like the only solution to me. HMRC is quite slow in processing and investigating the matter if your company amend his mistakes in EPS system https://www.gov.uk/running-payroll/repo ... o-hmrc-eps it would be faster to update in HMRC record. and furthermore give you letter that they did mistake in reporting the Tax to HMRC then your case will be quite easy to win.
its my advice only but its upto you .

ahmed009 · Post by **ahmed009** » Sun May 01, 2016 11:32 pm

hello mate,
i am in same situation, but my appointment was booked in Jan 2016, but i have cancelled just before going to HO, just to check did you applied ILR on 5 year basis or 10 year basis, its nearly 3 months now i have not heard anything from them yet. even though i have sent them all the evidence they require, but now i have booked appointment in HO again this month.

geriatrix · Post by **geriatrix** » Mon May 02, 2016 9:21 am

The OP arrived in UK in 2008 so he couldn't have applied for settlement under LR.

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