ILR - Refusal _URGENT

member wrote:

imranravian8080 wrote:Hope anyone can help me with my query.
I went in person for ILR on 30th March but they refused with the rejection that my employer hasn’t paid the tax for 2010/2011. I’m trying to chase them but no response. The case worker has given me the option for Administrative Review. I’ve met so many solicitors and they advised that you should go for both Administrative review and put the fresh application as I’ve my visa validity till mid of this month.
I’m just confused is it possible if I can go for both or just go administrative review or just put the fresh application.
It is really URGENT.
I would be very thankful if anybody can advise me on this.
Thanks
Imran

What kind of tax your employer has not paid?

It is employee tax 2010/11 but i do have the pay slips

Have you called Hmrc? If not call them first. You wasting your time because you got few opinions and mostly said contact hmrc

ilrsoon14 wrote:@shshi16 - any update on your case?

Can you please confirm if the case worker asked you for any extra docs or clarification when they noticed the tax record was missing? Or did they refuse straight away?

He didn asked me for documents refused straight away

imranravian8080 wrote:

ilrsoon14 wrote:@shshi16 - any update on your case?

Can you please confirm if the case worker asked you for any extra docs or clarification when they noticed the tax record was missing? Or did they refuse straight away?

He didn asked me for documents refused straight away

which PEO did you go mate?!?

Call HMRC, Its possible that P14 and P35 submissions werent sent by that employer.

HMRC will call and investigate that with employer abt missing PAYE. But you need to send concrete proof with P60, P45 and payslips. And most imp is to validate the employers PAYE ref which you must have.

argus7 wrote:Call HMRC, Its possible that P14 and P35 submissions werent sent by that employer.

HMRC will call and investigate that with employer abt missing PAYE. But you need to send concrete proof with P60, P45 and payslips. And most imp is to validate the employers PAYE ref which you must have.

+1 Argus

And employer has submitted nothing then file a court case against them.

jayacpr wrote:

imranravian8080 wrote:

ilrsoon14 wrote:@shshi16 - any update on your case?

Can you please confirm if the case worker asked you for any extra docs or clarification when they noticed the tax record was missing? Or did they refuse straight away?

He didn asked me for documents refused straight away

which PEO did you go mate?!?

shefield

What does HMRC employment history show, Does it mention Employer Name . tax Year , tax Code at all?

@imranravian8080

Were you only employed during all your tier 1 period or did you have any self-employed income as well? Did you not show them the payslips when the caseworker came to give you the refusal letter or try to explain him that this was not your own tax?

When I spoke to hmrc they were very helpful, they tried to work out the details from other submissions/records and it did help in the end they were able to update it. I was asked to send a written letter with the docs (p45/p60), which took about a month to sort out.

But until the actual records were updated, on my request they issued a letter manually to confirm the employment history which mentioned everything clearly and this only took 7 days. However they only issued this letter after they were able to trace the records from other submissions.

Like argus7 mentioned if you have the details hmrc will help you out, ask them to manually issue a letter if they are able to trace the submissions. I believe you can then use this letter to proceed further.

I know this is not a tax forum:

From what I have read on HMRC 's web site on PAYE tax investigations and recollections, if the company is dissolved or no longer able to pay the PAYE contributions for any tax years before 2013, the employee has to repay the PAYE contribution. This is generally for class 1 NI ( deemed) or already PAID

Confusing.... But HMRC are best placed to help the person concerned and there is no penalty or interest

ilrsoon14 wrote:@imranravian8080

Were you only employed during all your tier 1 period or did you have any self-employed income as well? Did you not show them the payslips when the caseworker came to give you the refusal letter or try to explain him that this was not your own tax?

When I spoke to hmrc they were very helpful, they tried to work out the details from other submissions/records and it did help in the end they were able to update it. I was asked to send a written letter with the docs (p45/p60), which took about a month to sort out.

But until the actual records were updated, on my request they issued a letter manually to confirm the employment history which mentioned everything clearly and this only took 7 days. However they only issued this letter after they were able to trace the records from other submissions.

Like argus7 mentioned if you have the details hmrc will help you out, ask them to manually issue a letter if they are able to trace the submissions. I believe you can then use this letter to proceed further.

He didn asked me for prrof. just gave me the refusal. My employer is not appearing on the history. I don't either have the PAYE number. I sent the pay slips and bank statement to HMRC on this monday. would they able to update this on that proofs?

argus7 wrote:What does HMRC employment history show, Does it mention Employer Name . tax Year , tax Code at all?

It does not mentioned the employer name.

argus7 wrote:I know this is not a tax forum:

From what I have read on HMRC 's web site on PAYE tax investigations and recollections, if the company is dissolved or no longer able to pay the PAYE contributions for any tax years before 2013, the employee has to repay the PAYE contribution. This is generally for class 1 NI ( deemed) or already PAID

Confusing.... But HMRC are best placed to help the person concerned and there is no penalty or interest

could you please give me the link refercne

http://webarchive.nationalarchives.gov. ... rities.htm


You will need to lookup the archieves, Best is to call HMRC and validate the PAYE ref, w/o a PAYE ref this is difficult

argus7 wrote:http://webarchive.nationalarchives.gov. ... rities.htm


You will need to lookup the archieves, Best is to call HMRC and validate the PAYE ref, w/o a PAYE ref this is difficult

I checked the linked but unable to find the relevant information. Could you please send me the exact link which have the details.

Thanks

Imran it looks like your employer hasnt paid for any of the employees and neither their own company tax.

If you really want to get ILR through AR/JR you need to file the case in court against the employer or you are wasting time here. None of us and HMRC will do anything.

Does any one has the relevant case study or HMRC link which shows it is the employer responsibility to pay the tax not the employee?

Thanks
Imran

Imran,

Have you called HMRC and validated the employer details? Does HMRC have record of that employer?

Your best option is to call them and do the needful.

argus7 wrote:Imran,

Have you called HMRC and validated the employer details? Does HMRC have record of that employer?

Your best option is to call them and do the needful.

Hi, I asked but I don't have the PAYE number (not mentioned on payslip), and the employer is not appearing on my employment history either. But I have sent HMRC all the payslips and bank statements to update the record. I'm not sure would they update it or not.

Secondly , can I put Administrative review on Monday and fresh application after a week time. would it work?

Any suggestion would be very helpful.

Thanks
Imran

Imran,

Your AR will be refused on same grounds as Set O. I would still recommend start a court case against that employer and only then hmrc will start investigating.

HMRC wont record your employment just on basis of payslips and bank statements. And secondly there is no employee number or tax ref number on your payslip.

I am going blunt here ::: either you are dodging ukba or your employer did ... Either way hmrc will open investigation. You jave no P45 , no P60.

we know that your employer is not appearing on the employment history.

I say again, Have you called HMRC and validated the details of the employer name in their records? There is nothing more one can do here

On what grounds will you lodge a court case? Proof of employment?

argus7 wrote:we know that your employer is not appearing on the employment history.

I say again, Have you called HMRC and validated the details of the employer name in their records? There is nothing more one can do here

On what grounds will you lodge a court case? Proof of employment?

Hi I called but they don't have the employer details. I have payslips and bank statement. The employer does not exist anymore.can I still put the court case? If I do then court will chase them and if they didn reply then how can I justify my side? Confused .

Imran,

Court case isnt difficult if you can provide the address details where the company was located and then landowner may confirm the leasing to that company.

Also nature of business and any clients you remember that dealth with in past that can become witness and your ex colleagues.

HMRC wont record your employment unless ordered by judge because they losing tax money here. This is your best shot to get settltement and prove your innocence.

Sir,
If you have payslips and Bank statements showing in-coming credit from your ex-employer than I believe you have a ground to stand on (you have a case). However I think case will be against the directors of the Company and not the Company itself. Company was an artificial person who no longer exist.

But how come Pay Slips don't have a Paye Reference Number, this is a bit strange. But anyways, speak to a professional lawyer and see if he/she can help you.

Best of Luck
R

PS: Personally I feel if you haven't done any thing wrong, then you shouldn't be punished for it.

payslips generally dont have PAYE ref of employers . Its always on a P60 ( ETY) or P45 when you leave the employer.