ILR - Refusal _URGENT

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

which PEO did you go ?

Hi Imran

I am sorry to hear this.

I think when you make a fresh application then UKVI withdraw your AR request - if you have already sent the application for AR.

I am new on this forum, I believe seniors will advice you on this.

Thanks

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?

Will making a fresh application solve the issue. If your employers have not paid the tax, it will still unpaid .... isn't it? Or am I missing a point here?

Hi
Sorry to hear this, Does you have p45 or p60 from that job? Payslips or bank statements which shows yo have been paid by this company then inform HMRC and they will update either records within 3 months, Its your employer responsibility to pay the taxes not yours and write a cover letter and attached photo copies of bank statements payslips and p60 to hmrc. Call them first.

Couple questions and suggestions.

Questions:

1. Which PEO was it?
2. Is that employer still active
3. Do you have P45 or last payslip from that employer or P60

Suggestions:

1. AR will be waste of time and money dont go for it.
2. Put fresh application and if your 10 years completed go for LR application
3. If that employer is not active file a court case against them and get in touch with some ex colleagues who will testify this
4. If things moved to JR you will still need the evidence that you were employed by that company and your ex colleagues will be of help then.

Note: My words may be bit cruel but your both AR and New Application will refuse under 322(5) , 322(1A).

@imranravian8080 - did the case worker ask you for any additional documents before making the decision or did they reject your application straight away without any clarification?

I'm applying for ilr soon and I'm worried if I'll face the same situation. In my case I noticed the record for one of my employers for 2010/2011 was missing in the hmrc employment history. I had worked for this employer in 2 tax years 2009/2010 but hmrc only had the info for 2009/2010 but not for 2010/2011 due to some system issue or missing data. Although the start/end dates were showing correctly but just missing the record may be becoz the company was dissolved.

Last year I got in touch with hmrc, wrote them a letter providing my p60, p45 and they updated my record in august 2015. However I'm worried whether this will show up correctly on their HO's hmrc records or not?

I was thinking of keeping everything simple and just provide the docs that are required (last 12 months) as suggested by the solicitors and only provide extra documents unless there is an issue. Additional docs I have are p45, p60, updated employment history from hmrc which shows everything correctly.

Can someone please suggest whether case workers normally ask for additional info/clarification before refusing the application?

ilrsoon14 wrote:@imranravian8080 - did the case worker ask you for any additional documents before making the decision or did they reject your application straight away without any clarification?

I'm applying for ilr soon and I'm worried if I'll face the same situation. In my case I noticed the record for one of my employers for 2010/2011 was missing in the hmrc employment history. I had worked for this employer in 2 tax years 2009/2010 but hmrc only had the info for 2009/2010 but not for 2010/2011 due to some system issue or missing data. Although the start/end dates were showing correctly but just missing the record may be becoz the company was dissolved.

Last year I got in touch with hmrc, wrote them a letter providing my p60, p45 and they updated my record in august 2015. However I'm worried whether this will show up correctly on their HO's hmrc records or not?

I was thinking of keeping everything simple and just provide the docs that are required (last 12 months) as suggested by the solicitors and only provide extra documents unless there is an issue. Additional docs I have are p45, p60, updated employment history from hmrc which shows everything correctly.

Can someone please suggest whether case workers normally ask for additional info/clarification before refusing the application?

This wont reflect in the reocrds UKBA holding at the moment. Ask for updated employment history from HMRC and take that with you on PSC, also in support of that any P45, P60, payslips you got for that particular year.

As long as HMRC employment history updated you should be ok in the fresh application


Your Employer should take the responsibility

I already have the updated employment history from hmrc and will be carrying this along with p60, p45, confirmation letter from hmrc and a letter from the employer given in 2010 that I was made redundant due to company being dissolved/liquidated.

To be honest I provided the liquidation details/letters back in 2011 and did mention in my cover letter as well that the company was dissolved and I lost 2 months wages (as there was a gap in my earnings due to this).

I don't have any old payslips from 5-6 years but I can get the bank statements printed if this is a must?

But question is do I include all these unnecessary documents without being asked to provide these as this is not a requirement? Or should I only provide these when the case worker mentions this or ask for additional docs?

@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?

I've the pay slips and bank statements but the employer is no ative anymore.
any idea.

Which PEO was it?

And dont you have anything like P60 or P45?

Dear Imran ravian,

Sorry to hear about your case but it would help if you could clarify some further details about your query, Could you please advice if the case worker asked for any extra document?

Also how was your tier 1 extension granted if the employer did not pay his taxes for 10/11?

Also have you spoken with HMRC to check if their records are upto date? I.e showing that you earned the amount shown in payslips for 2010/11

Kind regards,
AK

Hi Mate

Sorry to hear that. It had happened with few people as well that employers did not pay their tax to HMRC but deduction were made in his salary tax and N.I . As before 2012/2013 employers needed to submit tax of their employees end of the tax year so they used to submit less tax or even did not show some employment of some one to HMRC. This was the fraudulent with HMRC that's why now they changed the system. That every employer must submit tax of employees by 5th of every month.

Anyway in your case your Cheater Employer did not submit your tax and NI to HMRC but deducted from your salary and put in his pocket.

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 my tax. My employment of 2010/11 is not appearing on HMRC. Any idea what should i Do now?

mohramzan wrote:Hi
Sorry to hear this, Does you have p45 or p60 from that job? Payslips or bank statements which shows yo have been paid by this company then inform HMRC and they will update either records within 3 months, Its your employer responsibility to pay the taxes not yours and write a cover letter and attached photo copies of bank statements payslips and p60 to hmrc. Call them first.

I don't have the P60 but I do have the payslips and bank statements and it is transferred directly into my account with company name. I've checked with HMRC and they said company is not appearing on my record. Can they update it if i send them the pay slips and bank statements?

ilrsoon14 wrote:@imranravian8080 - did the case worker ask you for any additional documents before making the decision or did they reject your application straight away without any clarification?

I'm applying for ilr soon and I'm worried if I'll face the same situation. In my case I noticed the record for one of my employers for 2010/2011 was missing in the hmrc employment history. I had worked for this employer in 2 tax years 2009/2010 but hmrc only had the info for 2009/2010 but not for 2010/2011 due to some system issue or missing data. Although the start/end dates were showing correctly but just missing the record may be becoz the company was dissolved.

Last year I got in touch with hmrc, wrote them a letter providing my p60, p45 and they updated my record in august 2015. However I'm worried whether this will show up correctly on their HO's hmrc records or not?

I was thinking of keeping everything simple and just provide the docs that are required (last 12 months) as suggested by the solicitors and only provide extra documents unless there is an issue. Additional docs I have are p45, p60, updated employment history from hmrc which shows everything correctly.

Can someone please suggest whether case workers normally ask for additional info/clarification before refusing the application?

The case worker hasn't met me. He just handed over me the refusal letter which was really shocked for me.
I've my pay slips and bank statements but no p45, 60. The company is not appearing on my record. If I send them my pay slips and statements would they update the record. if they do how long it will gonna take?

I mentioned above call HMRC it will 3 months but they will update the records since last year or so they are doing. As someone mentioned above employers has to submit data every month rather than end of the year.
One of my friend is going through the same situation but he has p60 and payslips etc.

imranravian8080 wrote:

ilrsoon14 wrote:@imranravian8080 - did the case worker ask you for any additional documents before making the decision or did they reject your application straight away without any clarification?

I'm applying for ilr soon and I'm worried if I'll face the same situation. In my case I noticed the record for one of my employers for 2010/2011 was missing in the hmrc employment history. I had worked for this employer in 2 tax years 2009/2010 but hmrc only had the info for 2009/2010 but not for 2010/2011 due to some system issue or missing data. Although the start/end dates were showing correctly but just missing the record may be becoz the company was dissolved.

Last year I got in touch with hmrc, wrote them a letter providing my p60, p45 and they updated my record in august 2015. However I'm worried whether this will show up correctly on their HO's hmrc records or not?

I was thinking of keeping everything simple and just provide the docs that are required (last 12 months) as suggested by the solicitors and only provide extra documents unless there is an issue. Additional docs I have are p45, p60, updated employment history from hmrc which shows everything correctly.

Can someone please suggest whether case workers normally ask for additional info/clarification before refusing the application?

The case worker hasn't met me. He just handed over me the refusal letter which was really shocked for me.
I've my pay slips and bank statements but no p45, 60. The company is not appearing on my record. If I send them my pay slips and statements would they update the record. if they do how long it will gonna take?

How long have you worked for that previous employer? Is the tax issue just for the last month of your employment or for the full employment with that company?

imranravian8080 wrote:

ilrsoon14 wrote:@imranravian8080 - did the case worker ask you for any additional documents before making the decision or did they reject your application straight away without any clarification?

I'm applying for ilr soon and I'm worried if I'll face the same situation. In my case I noticed the record for one of my employers for 2010/2011 was missing in the hmrc employment history. I had worked for this employer in 2 tax years 2009/2010 but hmrc only had the info for 2009/2010 but not for 2010/2011 due to some system issue or missing data. Although the start/end dates were showing correctly but just missing the record may be becoz the company was dissolved.

Last year I got in touch with hmrc, wrote them a letter providing my p60, p45 and they updated my record in august 2015. However I'm worried whether this will show up correctly on their HO's hmrc records or not?

I was thinking of keeping everything simple and just provide the docs that are required (last 12 months) as suggested by the solicitors and only provide extra documents unless there is an issue. Additional docs I have are p45, p60, updated employment history from hmrc which shows everything correctly.

Can someone please suggest whether case workers normally ask for additional info/clarification before refusing the application?

The case worker hasn't met me. He just handed over me the refusal letter which was really shocked for me.
I've my pay slips and bank statements but no p45, 60. The company is not appearing on my record. If I send them my pay slips and statements would they update the record. if they do how long it will gonna take?

Which peo did you go to? I'm planning to go to Croydon, not sure if this is the best one?

To update the record best thing would be to call hmrc and complain about this issue. As this is the employer's fault, they will try to help.

In my case hmrc said p45 was very important to update the record as this shows how much income you received from that employer in that year. They also said without p45 it will be a challenge to update the records as at the time I couldn't find my p45 but luckily I had a copy. Does your last payslips show the total and tax deduction correctly then ask them if that would work?

Hmrc already had the record for my employer including start/end dates but income and tax was not showing due to some missing data. But they said P14 submissions showed the total income for that year.

I then wrote a letter explaining all this with copies of p45 and p60 and hmrc took almost a month to update the record finally. Ask them if they can see anything regarding P14 submissions?

mohramzan wrote:I mentioned above call HMRC it will 3 months but they will update the records since last year or so they are doing. As someone mentioned above employers has to submit data every month rather than end of the year.
One of my friend is going through the same situation but he has p60 and payslips etc.

But mine is for 2010/11. would they still update it?

imranravian8080 wrote:

mohramzan wrote:I mentioned above call HMRC it will 3 months but they will update the records since last year or so they are doing. As someone mentioned above employers has to submit data every month rather than end of the year.
One of my friend is going through the same situation but he has p60 and payslips etc.

But mine is for 2010/11. would they still update it?

Regardless of updating with HMRC 2010/11 record, the tax will still be unpaid and as you mentioned initially it doesn't shows in HMRC record that your ex-employer has paid taxes.

so still unsure updating with HMRC, how would that help?

KASHIF830 wrote:Hi Mate

Sorry to hear that. It had happened with few people as well that employers did not pay their tax to HMRC but deduction were made in his salary tax and N.I . As before 2012/2013 employers needed to submit tax of their employees end of the tax year so they used to submit less tax or even did not show some employment of some one to HMRC. This was the fraudulent with HMRC that's why now they changed the system. That every employer must submit tax of employees by 5th of every month.

Anyway in your case your Cheater Employer did not submit your tax and NI to HMRC but deducted from your salary and put in his pocket.

So what should I do now?