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ILR submission without pay slips ?

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

Moderators: Casa, push, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe

Ajay009
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Re: ILR submission without pay slips ?

Post by Ajay009 » Mon Apr 25, 2016 4:05 pm

I come to know that my employer don't have enough money. If suppose my employer discuss with HMRC and make agreement that employer will pay tax in installment way to HMRC then if I get that letter from HMRC. Is that possible and will that valid ?

geriatrix
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Re: ILR submission without pay slips ?

Post by geriatrix » Mon Apr 25, 2016 4:08 pm

Casa wrote:Further to the post by geriatrix....

"It is essential to have evidence of your employment. The basic requirement is that you have payslips for each payday showing tax and National Insurance deductions.
In addition, you should have a P60 form at the end of each tax year and a P45 form from the employer if you change jobs.
If you do not have this evidence, you could find that HMRC treat you as self-employed and expect you to pay any tax due. Alternatively, even if it is agreed that you are an employee, you could find that HMRC considers you liable for tax which should have been deducted, or does not give you credit for tax deducted, if you cannot prove it."


http://taxaid.org.uk/guides/taxpayers/t ... -employers
Thanks Casa, that's really useful info.!

Means that the assertions people make on the lines of "PAYE is not applicant's responsibility and hence no risk of settlement application refusal" are inaccurate suggestions.
Life isn't fair, but you can be!

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Casa
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Re: ILR submission without pay slips ?

Post by Casa » Mon Apr 25, 2016 4:11 pm

geriatrix wrote:
Casa wrote:Further to the post by geriatrix....

"It is essential to have evidence of your employment. The basic requirement is that you have payslips for each payday showing tax and National Insurance deductions.
In addition, you should have a P60 form at the end of each tax year and a P45 form from the employer if you change jobs.
If you do not have this evidence, you could find that HMRC treat you as self-employed and expect you to pay any tax due. Alternatively, even if it is agreed that you are an employee, you could find that HMRC considers you liable for tax which should have been deducted, or does not give you credit for tax deducted, if you cannot prove it."


http://taxaid.org.uk/guides/taxpayers/t ... -employers
Thanks Casa, that's really useful info.!

Means that the assertions people make on the lines of "PAYE is not applicant's responsibility and hence no risk of settlement application refusal" are inaccurate suggestions.
It would seem so. I've heard this mentioned in the past.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Ajay009
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Re: ILR submission without pay slips ?

Post by Ajay009 » Mon Apr 25, 2016 4:30 pm

Casa wrote:Further to the post by geriatrix....

"It is essential to have evidence of your employment. The basic requirement is that you have payslips for each payday showing tax and National Insurance deductions.
In addition, you should have a P60 form at the end of each tax year and a P45 form from the employer if you change jobs.
If you do not have this evidence, you could find that HMRC treat you as self-employed and expect you to pay any tax due. Alternatively, even if it is agreed that you are an employee, you could find that HMRC considers you liable for tax which should have been deducted, or does not give you credit for tax deducted, if you cannot prove it."


http://taxaid.org.uk/guides/taxpayers/t ... -employers
Thanks Casa.

I have all evidences that i'm an still employee with them like recent employee status letter from them, email conversations, salary into my accounts statements but they didn't pay tax & NI to HMRC.

Wanderer
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Re: ILR submission without pay slips ?

Post by Wanderer » Mon Apr 25, 2016 4:30 pm

Ajay009 wrote:I come to know that my employer don't have enough money. If suppose my employer discuss with HMRC and make agreement that employer will pay tax in installment way to HMRC then if I get that letter from HMRC. Is that possible and will that valid ?
Then they are trading insolvently, and HRMC could move to wind them up.
An chéad stad eile Stáisiún Uí Chonghaile....

Malik44
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Re: ILR submission without pay slips ?

Post by Malik44 » Mon Apr 25, 2016 4:38 pm

@casa the wording you posted is HMRC guideline not UKBA.
Home office has its own policies to check the Income look into the following case
http://www.immigrationboards.com/indefi ... 06748.html
employers are in these days trying to save taxs and NI and this is the only reason they don't declare income to HMRC.
the problem in OP case is he need to show income to Home Office not to HMRC.

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Casa
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Re: ILR submission without pay slips ?

Post by Casa » Mon Apr 25, 2016 4:44 pm

Malik44 wrote:@casa the wording you posted is HMRC guideline not UKBA.
Home office has its own policies to check the Income look into the following case
http://www.immigrationboards.com/indefi ... 06748.html
employers are in these days trying to save taxs and NI and this is the only reason they don't declare income to HMRC.
the problem in OP case is he need to show income to Home Office not to HMRC.
I'm fully aware that it is HMRC guidelines. You're mistaken if you think this won't be cross-checked between Gov departments. The HO will want to see a clean tax account with HMRC.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Malik44
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Re: ILR submission without pay slips ?

Post by Malik44 » Mon Apr 25, 2016 4:59 pm

OP just need to considered these points
FIRST STEP : He should try to get his all payslips and p-60 from employer if employer refused to give him payslips and p-60 he should seek advice from accountant.
he has already contract of employment and Net Amount in his bank account and PAYE reference on 2014-15 p-60. what his accountant do just simple run accountancy software and generate new payslips and p-60 and handed over to OP.

SECOND STEP
OP need to ask his accountant to file self assessment including his Employment Income and Self Employment income via online. when his accountant do self assessment his employment income automatically come into hmrc record. discrepancies automatically goes against his current employer account and HMRC will start chasing them automatically which they deserve as they are playing people career.
Third step
OP accountant need to declare his self employment income and employment income on accountant letter
and also produced his self employment business accounts , Invoices , etc and OP also need UTR Letter and NI contribution letter.

take all those above documents and get your visa.

@AJAY009 take my advice to your accountant.
This is the safest procedure in which your income comes up in HMRC record and your employer penalized by HMRC automatically once your accountant declare your income on SA hmrc

Wanderer
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Re: ILR submission without pay slips ?

Post by Wanderer » Mon Apr 25, 2016 5:22 pm

Malik44 wrote:OP just need to considered these points
FIRST STEP : He should try to get his all payslips and p-60 from employer if employer refused to give him payslips and p-60 he should seek advice from accountant.
he has already contract of employment and Net Amount in his bank account and PAYE reference on 2014-15 p-60. what his accountant do just simple run accountancy software and generate new payslips and p-60 and handed over to OP.

SECOND STEP
OP need to ask his accountant to file self assessment including his Employment Income and Self Employment income via online. when his accountant do self assessment his employment income automatically come into hmrc record. discrepancies automatically goes against his current employer account and HMRC will start chasing them automatically which they deserve as they are playing people career.
Third step
OP accountant need to declare his self employment income and employment income on accountant letter
and also produced his self employment business accounts , Invoices , etc and OP also need UTR Letter and NI contribution letter.

take all those above documents and get your visa.

@AJAY009 take my advice to your accountant.
This is the safest procedure in which your income comes up in HMRC record and your employer penalized by HMRC automatically once your accountant declare your income on SA hmrc
Are you suggesting the OP falsifies his employers payslips?
An chéad stad eile Stáisiún Uí Chonghaile....

Ajay009
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Re: ILR submission without pay slips ?

Post by Ajay009 » Mon Apr 25, 2016 5:27 pm

Malik44 wrote:OP just need to considered these points
FIRST STEP : He should try to get his all payslips and p-60 from employer if employer refused to give him payslips and p-60 he should seek advice from accountant.
he has already contract of employment and Net Amount in his bank account and PAYE reference on 2014-15 p-60. what his accountant do just simple run accountancy software and generate new payslips and p-60 and handed over to OP.

SECOND STEP
OP need to ask his accountant to file self assessment including his Employment Income and Self Employment income via online. when his accountant do self assessment his employment income automatically come into hmrc record. discrepancies automatically goes against his current employer account and HMRC will start chasing them automatically which they deserve as they are playing people career.
Third step
OP accountant need to declare his self employment income and employment income on accountant letter
and also produced his self employment business accounts , Invoices , etc and OP also need UTR Letter and NI contribution letter.

take all those above documents and get your visa.

@AJAY009 take my advice to your accountant.
This is the safest procedure in which your income comes up in HMRC record and your employer penalized by HMRC automatically once your accountant declare your income on SA hmrc
Thank you malik for your huge information and suggestion.

My accountant suggested me second option which you said, but still i have some hope in getting payslips from my employer, that's what i'm waiting for. My visa expires in may-31, Will that helpful if I contact UKBA to take actions quickly instead of complaining to HMRC or others which takes longer ?

Another question is, in this kind of situation shall I prefer to post my application or prefer Premium service ? I have one dependent(my wife) as-well.

Malik44
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Re: ILR submission without pay slips ?

Post by Malik44 » Mon Apr 25, 2016 5:36 pm

Ajay009 wrote:
Malik44 wrote:
My accountant suggested me second option which you said, but still i have some hope in getting payslips from my employer, that's what i'm waiting for. My visa expires in may-31, Will that helpful if I contact UKBA to take actions quickly instead of complaining to HMRC or others which takes longer ?

Another question is, in this kind of situation shall I prefer to post my application or prefer Premium service ? I have one dependent(my wife) as-well.
I dont think so you should inform to UKBA its purely HMRC matter
Wanderer wrote: Are you suggesting the OP falsifies his employers payslips?

No Op has genuine employment income and generating new payslips against that income not fraud. he has no any other option anyways except do this otherwise UKBA simply refuse him and he is might getting further suggestions here later on 8)

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Casa
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Re: ILR submission without pay slips ?

Post by Casa » Mon Apr 25, 2016 5:46 pm

Malik44 wrote:
Ajay009 wrote:
Malik44 wrote:
My accountant suggested me second option which you said, but still i have some hope in getting payslips from my employer, that's what i'm waiting for. My visa expires in may-31, Will that helpful if I contact UKBA to take actions quickly instead of complaining to HMRC or others which takes longer ?

Another question is, in this kind of situation shall I prefer to post my application or prefer Premium service ? I have one dependent(my wife) as-well.
I dont think so you should inform to UKBA its purely HMRC matter
Wanderer wrote: Are you suggesting the OP falsifies his employers payslips?

No Op has genuine employment income and generating new payslips against that income not fraud. he has no any other option anyways except do this otherwise UKBA simply refuse him and he is might getting further suggestions here later on 8)
So how do you propose the OPs accountant generates payslips in the employer's name?

Apply by post. If you apply in person you will be asked to complete a form stating whether all your tax matters are in order. If you state the truth (which of course you must do), the application will be deferred for further checks. Your wife's application will depend on the success of yours.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Wanderer
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Ireland

Re: ILR submission without pay slips ?

Post by Wanderer » Mon Apr 25, 2016 5:47 pm

Malik44 wrote:
Ajay009 wrote:
Malik44 wrote:
My accountant suggested me second option which you said, but still i have some hope in getting payslips from my employer, that's what i'm waiting for. My visa expires in may-31, Will that helpful if I contact UKBA to take actions quickly instead of complaining to HMRC or others which takes longer ?

Another question is, in this kind of situation shall I prefer to post my application or prefer Premium service ? I have one dependent(my wife) as-well.
I dont think so you should inform to UKBA its purely HMRC matter
Wanderer wrote: Are you suggesting the OP falsifies his employers payslips?

No Op has genuine employment income and generating new payslips against that income not fraud. he has no any other option anyways except do this otherwise UKBA simply refuse him and he is might getting further suggestions here later on 8)
Of course it's fraud! Printing off payslips like this to masquerade as genuine ones is fraud.

So glad your not my accountant.
An chéad stad eile Stáisiún Uí Chonghaile....

Malik44
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Re: ILR submission without pay slips ?

Post by Malik44 » Mon Apr 25, 2016 5:50 pm

Casa wrote: Apply by post. If you apply in person you will be asked to complete a form stating whether all your tax matters are in order. If you state the truth (which of course you must do), the application will be deferred for further checks. Your wife's application will depend on the success of yours.
Ajay009 wrote:
Malik44 wrote:OP just need to considered these points
SECOND STEP
OP need to ask his accountant to file self assessment including his Employment Income and Self Employment income via online. when his accountant do self assessment his employment income automatically come into hmrc record.

Ajay009
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Re: ILR submission without pay slips ?

Post by Ajay009 » Mon Apr 25, 2016 6:08 pm

I don't want to ask my accountant to generate payslips.

Thank you casa and malik.

Malik44
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Re: ILR submission without pay slips ?

Post by Malik44 » Mon Apr 25, 2016 6:11 pm

Ajay009 wrote:I don't want to ask my accountant to generate payslips.

Thank you casa and malik.
thats what i wrote earlier you should ask your employer first

nethu82
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Re: ILR submission without pay slips ?

Post by nethu82 » Mon Apr 25, 2016 6:41 pm

Hi
If you were self employed in company capacity then submit self tax return and get sa302.

geriatrix
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Re: ILR submission without pay slips ?

Post by geriatrix » Mon Apr 25, 2016 6:46 pm

Malik44 wrote:thats what i wrote earlier you should ask your employer first
What you actually wrote was that the OP should check with employer first but if employer doesn't issue payslips then the accountant can run the payroll software and generate payslips.
Malik44 wrote:OP just need to considered these points
FIRST STEP : He should try to get his all payslips and p-60 from employer if employer refused to give him payslips and p-60 he should seek advice from accountant.
he has already contract of employment and Net Amount in his bank account and PAYE reference on 2014-15 p-60. what his accountant do just simple run accountancy software and generate new payslips and p-60 and handed over to OP.
Life isn't fair, but you can be!

Malik44
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Re: ILR submission without pay slips ?

Post by Malik44 » Mon Apr 25, 2016 6:57 pm

Yes griatrix I advice him to first sort out this issue with employer. He is genuine employee and working for this employer since last year I believe bcz he has last year P-60 from this company.
If they don't help him and play doggy with him then he should have to look himself first otherwise he will be in solicitors and accountants hands with heavy fees and stress later on.

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Re: ILR submission without pay slips ?

Post by geriatrix » Mon Apr 25, 2016 7:05 pm

Malik44 wrote:then he should have to look himself first
and commit fraud?? So that he may find himself in even more serious trouble!
Wow!!
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