Tier 1 General Deception on Extension

Hi Guys,

Need immediate Help on my deception. The case is as follows:

I applied my Tier 1 General in 2011 my application was kept for a long time and then it was refused due to not submitting any income documents. At the time of making application I did sent my income documents along with the application which home office accepted as a mistake in the court. So they appeal was allowed at that time and even then home office took 1 year to stamp visa.

The income documents I sent in the application were as follows:
1- Pay Slip
2- Tax Document

Visa was granted and the extension was due in July 2014. I booked the same day appointment in Liverpool office. I presented my degree, Bank statement and dividend vouchers. After waiting for a long time the visa was refused along with the deception and a right of appeal. The deception was given on the income which I shown in 2011 when I made the application for the first time therefore the extension application comes under false declaration in the form.

As per home office the company I worked in 2010-2011 was not trading and that is why they said you income was not genuine. The got a witness from HMRC stating the witness statement that the company has paid the tax and NI for their employee but the company trade is not legitimate. They found there are number of companies which they found not doing any business and were bogus.

Before my visa extension I been contacted by HMRC saying that the tax which was paid in 2011 for the same company is not fully paid and there was a amount of £3200 which I have to pay from my own pocket whereas the employer is responsible for any tax which the company took from my salary.

Could any of you please help me to find the was out as I am already living in this country from last 9 year and last year my wife joined me.

ashak wrote:Hi Guys,

Need immediate Help on my deception. The case is as follows:

I applied my Tier 1 General in 2011 my application was kept for a long time and then it was refused due to not submitting any income documents. At the time of making application I did sent my income documents along with the application which home office accepted as a mistake in the court. So they appeal was allowed at that time and even then home office took 1 year to stamp visa.

The income documents I sent in the application were as follows:
1- Pay Slip
2- Tax Document

Visa was granted and the extension was due in July 2014. I booked the same day appointment in Liverpool office. I presented my degree, Bank statement and dividend vouchers. After waiting for a long time the visa was refused along with the deception and a right of appeal. The deception was given on the income which I shown in 2011 when I made the application for the first time therefore the extension application comes under false declaration in the form.

As per home office the company I worked in 2010-2011 was not trading and that is why they said you income was not genuine. The got a witness from HMRC stating the witness statement that the company has paid the tax and NI for their employee but the company trade is not legitimate. They found there are number of companies which they found not doing any business and were bogus.

Before my visa extension I been contacted by HMRC saying that the tax which was paid in 2011 for the same company is not fully paid and there was a amount of £3200 which I have to pay from my own pocket whereas the employer is responsible for any tax which the company took from my salary.

Could any of you please help me to find the was out as I am already living in this country from last 9 year and last year my wife joined me.

Please read
http://www.immigrationboards.com/uk-tie ... 85514.html

Dont worry, dont loose hope and find a good lawyer you would be fine.

Thanks guys .. Thanks for quickly replying on this post .. I am visiting solicitors but one of them asked me you need to proof your work with any kind of documentation or any of your client names etc ... but it is 4-5 years back I moved onto the next job which is a very in big company ... why would I keep all the papers or any documents when my visa is been stamped.. I changed my accommodation few times how I can carry all the bulk with me... The client list all the marketing material was provided by the company and they took it back when I left the company .. it was work from home base job and all the arrangements were done by the company guy .. I just got my salary and I believe this is what you need as an immigrant you don't dig what the company do in the background ...

Also HMRC is admitting that the tax and NI is been paid then what is the problem ?

ashak wrote:Thanks guys .. Thanks for quickly replying on this post .. I am visiting solicitors but one of them asked me you need to proof your work with any kind of documentation or any of your client names etc ... but it is 4-5 years back I moved onto the next job which is a very in big company ... why would I keep all the papers or any documents when my visa is been stamped.. I changed my accommodation few times how I can carry all the bulk with me... The client list all the marketing material was provided by the company and they took it back when I left the company .. it was work from home base job and all the arrangements were done by the company guy .. I just got my salary and I believe this is what you need as an immigrant you don't dig what the company do in the background ...

Also HMRC is admitting that the tax and NI is been paid then what is the problem ?

Hi Technically, may be that solicitor wantes to analyse if that was employement or self employed for tax purposes. Senior members may have better insight then me.

i am guessing at least you should have payslips from that company .
at least last one which shows total gross income .

jayacpr wrote:i am guessing at least you should have payslips from that company .
at least last one which shows total gross income .

I got all the payslips. Also I have a tax document sent by HMRC also another document which came after about 1 year asking to pay underpay tax for that employment

imho in 2011 the rules did not really require that work be genuine and effective. save for tax issue there wasnt really anything that required to prove that the company was really trading or that it really be really trading. there was no genuine earnings test.
at what point were you supposed to have made a false statement?
what exactly statement would that have been?
as i understand you had real payslips and real payments made to your bank?
so you submitted essentially genuine documents?
and this is just hmrc bullying.
were you a director of that company then?
why on earth are they even asking you?
whom would you be paying 3200 to?
who owes it? a corporation? yeah good luck.
this is a load of c**** if you ask me.
some sort of weird vendetta or attempt to scare you into who knows what.
and most certainly it is not really possible to tell who was doing what exactly or not doing all these years ago.
if people didn't file a tax return does not mean they were not trading.
where is the proof?
there was no burden on you in 2011 to prove that they were genuine earnings.
the burden is on them and how are they going to discharge it ?
I do not take on appeals -- at present -- but just saying.
I'd also love to see that refusal letter if you don't mind emailing it to me...
I wonder if you have described the whole thing fully though. Whats "underpaid tax" for employment and how does one manage that?!

UPDATE I re-read your post and realised that you did not send bank statements. So did you HAVE bank statements? did you have actual money being paid to you in your bank account? just to clarify

Thanks sagareva for your reply .. pls send me your email add I can send you the refusal and tax doc as well...

Hi Guys ...

Please share some helpful advise as I am still struggling. HMRC got the records that the tax is been paid but the refusal says about the company that the it was not doing any trade ??

Please help

Its confusing . Tax paid and no trading ? Was this company limited company?

Does HO mean it was dummy company?

Probably this is what they are trying to say.. but If I am employed should I need to make sure if the company is working properly or I should work get my salary on time ? How they can put blame on my if I was employed by a doggy company ?

ashak wrote:Probably this is what they are trying to say.. but If I am employed should I need to make sure if the company is working properly or I should work get my salary on time ? How they can put blame on my if I was employed by a doggy company ?

some times company in starting stage / formation stage, could employee people and pay salary and not trading still a legal thing. Do you have any details of company at the point of time you were employed. these might help you.

Yes I have, Also Today I call HMRC to find out the records from 2010-2011 when company paid my tax and they have all the records there. HO said the business had submitted returns to HMRC to indicate their alleged employees had paid tax abd NI from wages, however the business had never paid HMRC any of their liabilities.

In 2013 HMRC contacted me to pay underpaid tax which was about £3000 so I paid it from my pocket.

please share your suggestions and advises.

Is that company still trading or have been dissolved?
If it still exists, you can go on companies house website and ask them for the tax returns of this company, to see what they really paid to HMRC.
On the other side, I think you should hire a good solicitor who'll help you through this, as you have paid your liabilities anyway and if your employer didn't pay their taxes to HMRC, that's not your problem.
If everything you have mentioned is as it is, then how on earth a company will pay wages to the employees when they are not trading at all. If the company didn't pay their taxes, its between them and the HMRC. Home office is just bullying you in the whole thing and that's all. All I can say is good luck...

Unfortunately the company is no more/dissolved.. I found recently that the company was registered under self employed so no information on companies house. I believe HO has doubt that the employment was for the purpose of obtaining stay and to show the income. I have recently got the statement of earning and deduction from HMRC which shows the same amount of income and tax deducted what was shown in 2011 when I claimed the points for my tier 1 general.

Correct me if I am wrong, I have seen newly formed companies not trading for a year or so because they are settling and once they are settled down then they start promotions but during this time they pay to their employees.

I appreciate your suggestion to choose a good solicitor but its hard to say which one will be able to fight successfully. Currently, I have lodged my appeal and waiting for the reply.

Thanks anyway for your reply