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Employer not paying PAYE Tax & NI

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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dan883
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Employer not paying PAYE Tax & NI

Post by dan883 » Wed May 29, 2019 10:22 am

Dear Forum members

I would appreciate if someone is in the similar situation and managed to get the ILR

I am due to apply for ILR this Sept (10year route). Been with the same employer since 2012 when I was in PSW. They managed to sponsor me then I changed to T2. T2 expired and again extended the visa with no issues.

I have realised that my employer has not been paying my taxes and NI contribution at all. I checked the records back when I applied for extension and that did not add up correctly. My pay was supposed to be £20.5k at that time but they submitted only £17k. Yet I managed to get the extension. This time around they haven't submitted anything and the salary is supposed to be £26k.

Will it be a problem in getting ILR? Would the home office check the HMRC records?

Please advise.

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zimba
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Re: Employer not paying PAYE Tax & NI

Post by zimba » Wed May 29, 2019 1:23 pm

Talk to your employer rather making your own assumptions. Taxes/NI calculations are submitted digitally via RTI by all employers to HMRC every month. This should match what shown on your payslip as these are all done by payroll software. You also see the whole picture on the P60s given to you each year
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

dan883
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Posts: 172
Joined: Thu May 29, 2014 10:13 pm

Re: Employer not paying PAYE Tax & NI

Post by dan883 » Wed May 29, 2019 3:36 pm

Hi Zimba
Thank you for your reply. Working in a tax firm I am fully aware and knowledgeable about how RTI submission. The payslips have been provided to me. Its just that the RTI is not submitted.

My query is :

Will the HO make is an issue since its not my job to pay the PAYE dues?

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zimba
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Re: Employer not paying PAYE Tax & NI

Post by zimba » Wed May 29, 2019 4:29 pm

You work for a tax firm that does not submit RTI or pay taxes for employees :? WTH is going on there ? :shock:
Failure of the sponsor to pay taxes could lead to ILR refusal and your sponsor's licence can be revoked
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

dan883
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Posts: 172
Joined: Thu May 29, 2014 10:13 pm

Re: Employer not paying PAYE Tax & NI

Post by dan883 » Thu May 30, 2019 12:09 am

Sadly and unfortunately yes.
I came to know that my employer is bit dodgy after a long time. I’m unable to quit this job because I cannot find any other employer that is ready to sponsor me. I’m kindda stuck though I’m a genuine employer of the firm.
How is it my fault if the employer does not pay taxes ?

Does anyone have similar experience?

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zimba
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Re: Employer not paying PAYE Tax & NI

Post by zimba » Thu May 30, 2019 2:19 am

There has been reports of refusal for failure to pay taxes.Unfortunately your sponsor's failure could very well put your ILR at jeopardy
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

dan883
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Posts: 172
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Re: Employer not paying PAYE Tax & NI

Post by dan883 » Thu May 30, 2019 11:18 am

Even for 10year route?

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zimba
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Re: Employer not paying PAYE Tax & NI

Post by zimba » Thu May 30, 2019 2:40 pm

Yes as the ten years must be spent lawfully.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

dan883
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Posts: 172
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Re: Employer not paying PAYE Tax & NI

Post by dan883 » Fri May 31, 2019 10:23 am

Thank you for your responses. I really appreciate.

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