HSMP JR ILR - Disagreement

Today we went to apply for my husband's ILR under HSMP judicial review (Apr - Nov 2006 batch) at PEO SOLIHULL

My husband has his own limited company drawing minimal salary of a director. Hence there is no NI & Tax applicable on the salary. THe company was formed last year only.

The case worker asked us to submit NI exemption certificate and then re-apply. My husband being a qualified accountant tried to explain him that such certificates apply only to self employed. (not to director as he is an employee of the company). He didn't agree and insisted to get the certificate and re-apply.

On return, we consulted other accountants as well and they confirmed that there is no such certificate for employed people. Also , our findings on HMRC website confirms the same.

Could anyone please advise what is to be done in this case apart from looking for a competent lawyer.

Also, in case they reject our application , can we appeal?

Thanks !

So has your application been returned to you or is it with PEO?

Can you get a letter from HMRC confirming that in your husband's case there is no requirement of NI excemption certificate? that would be surely settle the issue.

the majority of immigration advisers are of no use.
I would print our HMRC guidence which u found- concerning ur case.
Try to get the letter from HMRC confirming that u do not need to pay class2 NI as an employee of ur own company( its only for self-employed).
Explain to a person from HMRC ur situation,,some of them are quite understanding
PEO CWs tend to respect a lot the letters from HMRC
Also ask your accountant to write the explanation-covering letter.If u do not have an accountant-ask any chartered accountant(on his/her headed paper).
Make a complaint
I think this will b cheaper

Thanks for replying! PEO returned the application. We are trying to obtain a letter from HMRC but the point here is they are asking for a document which is not applicable. It is unnecessarily delaying the application and his visa is expiring soon. Its difficult to get another appointment. While booking for another appointment -their website shows technical error and they are too busy to respond to phone calls. The only option would be to apply it by post provided we get the letter before his visa expiry!! Hope another case worker doesn't ask for another non-existent document next time!! Fingers crossed!!

Thanks Fora!! I totally agree. The CW's are not knowledgeable enough!! Trying to get letters from HMRC and accountants!!

Their online booking is crap.Do not waste time.
There are plenty of slots in Croydon,even sometimes next day ,only by phone.Good luck
waiting for ur experience

We have now booked the appointment for Monday, have taken Accountants letter stating that if the director's salary is below £5700 per annum, then there is no requirement to pay NIC. HMRC advised us to print the relevant notes on their websites (CA 38& 44) and to show it to the case worker.

Hopefully it will be sorted. Any other advice would be a great help!

also print out the info to proof that only self-employed must pay class2 NI contribution not employees.
As i understood CW ment exactly this class 2 NI and that was the problem

Thanks a lot Fora!! appreciate your help. Have taken the print out of Self Employed NIC notes as mentioned by you.

Thanks all!!

We got the ILR this time (PEO Croydon) without any hassles.