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Settlement Visa refused HMRC tax

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maniani
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Settlement Visa refused HMRC tax

Post by maniani » Mon Feb 17, 2014 12:16 pm

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refusal letter 1
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Refusal Letter 2
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Refusal Letter 3
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My settlement visa has been refused today because of my employer payed my tax late of December 2013 and I was in India in whole January 2014. Now I am appealing the decision. Please tell me the documents needed to attach with appeal . So that ECM will overturn my visa refusal.

Yazzy
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Re: Settlement Visa refused HMRC tax

Post by Yazzy » Mon Feb 17, 2014 12:53 pm

I am so sorry. I can understand what you must be going through right now and my prayers are with you.

If your job is real and genuine then my advise apply again.
This time submit letters from HMRC proving all tax is paid and show proof of everything
But you do know you are not meeting the financial requirement
Spouse Application: 7th January 2013
Application Refused: 18th March 2013
Appeal Allowed: 29th May 2014
Visa Stamped: 7th August 2014
FLR (M): Applied in Person at Croydon 12th April 2017
BRP Recieved: 18th April 2017

maniani
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Location: London

Re: Settlement Visa refused HMRC tax

Post by maniani » Mon Feb 17, 2014 1:05 pm

Yazzy wrote:I am so sorry. I can understand what you must be going through right now and my prayers are with you.

If your job is real and genuine then my advise apply again.
This time submit letters from HMRC proving all tax is paid and show proof of everything
But you do know you are not meeting the financial requirement
I am a genuine employee and my income threshold is 31,200 pounds. I am meeting all fincial requirment. But the problem is that my boss payed tax ofdecember late. Thats why he doubt the guinness of my employment. I am appealing the decision of eco. Please tell me the exact documents I required.

maniani
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Re: Settlement Visa refused HMRC tax

Post by maniani » Mon Feb 17, 2014 2:23 pm

Help me someone....

maniani
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Re: Settlement Visa refused HMRC tax

Post by maniani » Mon Apr 14, 2014 5:11 pm

My appeal deadline 30 July.. Can anyone tell me how ECM will contact me if he decide to overturn the decision ?

theprideofpak
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Re: Settlement Visa refused HMRC tax

Post by theprideofpak » Sun Apr 20, 2014 4:44 pm

I think you should get P60 from your employer. You can also ask HMRC to send you a breakdown of Tax and National Insurance paid to them. If your job was terminated in December, then you should start another job immediately.
On the other side, when you start a new job, wait for 6 months to get everything in place from start and apply fresh application.
Your employer can't go like this without paying taxes and NIC's and they are quite right, since April 13 the RTI system is in place and employers have to pay everything as soon as they deduct Tax/NI from your wages.

maniani
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Re: Settlement Visa refused HMRC tax

Post by maniani » Mon Apr 21, 2014 1:54 am

theprideofpak wrote:I think you should get P60 from your employer. You can also ask HMRC to send you a breakdown of Tax and National Insurance paid to them. If your job was terminated in December, then you should start another job immediately.
On the other side, when you start a new job, wait for 6 months to get everything in place from start and apply fresh application.
Your employer can't go like this without paying taxes and NIC's and they are quite right, since April 13 the RTI system is in place and employers have to pay everything as soon as they deduct Tax/NI from your wages.
I already had my p60 for 2013-2014 finical year and it clearly show that The employer had properly paid tax and NIC . I had not left the job in December . I was on paid leave for two weeks and unpaid leave for six weeks in the month of JANUARY and February and I started the employment again in March and now I am still with same employer. I want to ask how BHC will contact me if he decided to overturn the decision...??

theprideofpak
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Re: Settlement Visa refused HMRC tax

Post by theprideofpak » Thu Apr 24, 2014 10:29 pm

I am not sure about appeals personally, but you'll get the court hearing in UK though, if you go for appeal. So you'll have to get a solicitor here in UK and you can be personally present in the court....moderators please correct me if I am wrong...

maniani
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Re: Settlement Visa refused HMRC tax

Post by maniani » Mon Jun 16, 2014 8:10 pm

Hello everyone,

My ecm deadline is 30 July and it is near and I am fully confident that ECM will overturn the decision and I am still with the same employer and he is now paying my tax on time. Do you think the ECM will check again with HMRC to clearify?

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Casa
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Re: Settlement Visa refused HMRC tax

Post by Casa » Mon Jun 16, 2014 8:28 pm

Yes
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

maniani
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Re: Settlement Visa refused HMRC tax

Post by maniani » Mon Jun 16, 2014 8:35 pm

Casa wrote:Yes
Dear Casa,
If yes , then there will will be no prblem. Do you think 8 weeks unpaid leave before application will have some effect because I was in India at the time of visa application ? Otherwise if calculated my previous 12 month salary is 27,000.

maniani
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Re: Settlement Visa refused HMRC tax

Post by maniani » Tue Jun 17, 2014 9:37 am

Anyone :?: :?: :?: :?:

MPH80
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Re: Settlement Visa refused HMRC tax

Post by MPH80 » Tue Jun 17, 2014 12:17 pm

Calm down. Even if it is a problem there's nothing you can do about it until the ECM responds.

maniani
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Re: Settlement Visa refused HMRC tax

Post by maniani » Tue Jul 29, 2014 6:22 pm

My deadline is up and there is no reply from BHC New Delhi. Now i just to know that how long it will take for a oral hearing?

Rayking
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Re: Settlement Visa refused HMRC tax

Post by Rayking » Tue Jul 29, 2014 8:02 pm

No one knows the answer,they'll send you the date before the hearing obviously .

WR1
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Re: Settlement Visa refused HMRC tax

Post by WR1 » Tue Jul 29, 2014 10:16 pm

Wait for the reply regarding ECM. You will receive it even if the ECM doesn't overturn the decision.
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

maniani
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Re: Settlement Visa refused HMRC tax

Post by maniani » Wed Jul 30, 2014 6:40 am

Thanks for your advice.

maniani
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Re: Settlement Visa refused HMRC tax

Post by maniani » Sun Aug 03, 2014 12:03 pm

My deadline has passed and still there is no news from bhc new delhi and court? What to do now?

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Re: Settlement Visa refused HMRC tax

Post by batleykhan » Sun Aug 03, 2014 5:56 pm

maniani wrote:My deadline has passed and still there is no news from bhc new delhi and court? What to do now?
Be a bit more patient for a start. Dont always believe what UKBA say about waiting time for decisions.....they are never right

maniani
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Re: Settlement Visa refused HMRC tax

Post by maniani » Sat Nov 29, 2014 11:47 am

I got a IA44 notice of amended hearing and now my new hearing is 5 January. The ECM upholded the decision because he said i did not provided a letter from employer showing i was on leave whereas i had submitted the letter with appeal bundle. The tax has been paid by my employer lately but it was not my fault. I just want to ask in my appeal do i need to hire a barrister or can i do it myself. Please help me.

maniani
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Re: Settlement Visa refused HMRC tax

Post by maniani » Sat Nov 29, 2014 3:14 pm

maniani wrote:I got a IA44 notice of amended hearing and now my new hearing is 5 January. The ECM upholded the decision because he said i did not provided a letter from employer showing i was on leave whereas i had submitted the letter with appeal bundle. The tax has been paid by my employer lately but it was not my fault. I just want to ask in my appeal do i need to hire a barrister or can i do it myself. Please help me.
Any advice please.

MPH80
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Re: Settlement Visa refused HMRC tax

Post by MPH80 » Sat Nov 29, 2014 3:25 pm

Whether or not you want to hire someone to represent you is your choice. Do you feel well placed to explain the situation, coherently and clearly and present the evidence.

Are you well versed in the rules so you can argue against any necessary points the home office bring up?

If the answer to those is no - then I'd suggest getting someone to represent you.

maniani
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Re: Settlement Visa refused HMRC tax

Post by maniani » Sat Nov 29, 2014 3:42 pm

MPH80 wrote:Whether or not you want to hire someone to represent you is your choice. Do you feel well placed to explain the situation, coherently and clearly and present the evidence.

Are you well versed in the rules so you can argue against any necessary points the home office bring up?

If the answer to those is no - then I'd suggest getting someone to represent you.
Thanks for your advice.

maniani
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Location: London

Re: Settlement Visa refused HMRC tax

Post by maniani » Sun Nov 30, 2014 7:06 am

I got a hearing date on 5 January 2015 at Newport. As my wife application was refused because the employer fails to pay a month tax on time and so home office thinks that i ceased my employment. I want to know who is liable to pay the tax under PAYE (RTI). I got P60 which show that tax has been paid. Now whose fault is this? Who is liable for this whole tax stuff. Is home office suppose that a employee must call HMRC every month to check the tax is paid or not? If so, then is there any worker in great britain who do this?

maniani
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Re: Settlement Visa refused HMRC tax

Post by maniani » Sun Nov 30, 2014 11:10 am

maniani wrote:I got a hearing date on 5 January 2015 at Newport. As my wife application was refused because the employer fails to pay a month tax on time and so home office thinks that i ceased my employment. I want to know who is liable to pay the tax under PAYE (RTI). I got P60 which show that tax has been paid. Now whose fault is this? Who is liable for this whole tax stuff. Is home office suppose that a employee must call HMRC every month to check the tax is paid or not? If so, then is there any worker in great britain who do this?
Any help please.

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