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Tier 2 to ILR Refused. Please help

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

nuwansamar80
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Posts: 14
Joined: Tue Jun 19, 2018 11:59 am
India

Re: Tier 2 to ILR Refused. Please help

Post by nuwansamar80 » Thu Aug 09, 2018 3:48 pm

GMO wrote:
Thu Aug 09, 2018 3:27 pm
nuwansamar80 wrote:
Thu Aug 09, 2018 3:09 pm
GMO wrote:
Wed Aug 08, 2018 9:40 pm
exactly! what about your current income? is there any issue with that?
Hi GMO,

I have no problem with my current income. I'm earning 40K.
That's fine! But then why they said, #There is the difference between income stated on the application versus income reported to HMRC" thas was our question actually?
Actually I also have the same doubt, I need to check with solicitor.

nuwansamar80
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India

Re: Tier 2 to ILR Refused. Please help

Post by nuwansamar80 » Wed Aug 15, 2018 9:58 am

Hello All,

I checked with solicitor and he said If taxes not paid by employer, then automatically there will be discrepancies created in tax history which will reflect in HMRC system. Is solicitor is correct? Please anyone advice. Thanks. Nuwan

Akorotaeva
Member
Posts: 211
Joined: Wed Jun 28, 2017 6:43 pm

Re: Tier 2 to ILR Refused. Please help

Post by Akorotaeva » Wed Aug 15, 2018 10:25 am

So your current employer also didn't pay tax as they should have?

binnyjai18
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Joined: Mon Aug 06, 2018 1:31 pm
India

Re: Tier 2 to ILR Refused. Please help

Post by binnyjai18 » Fri Aug 17, 2018 3:26 pm

Hi Everyone,
I'm having similar issue.
Employer has not paid the tax for 5 month to HRMC between 2014 to 2015 but I've been paid for 4 months.

I was thinking to apply this month but after reading this case, planning to wait and apply once I get clear direction.

Any advice in right direction will be much appreciated?

Binny

uni_guy
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Posts: 24
Joined: Tue Jul 15, 2014 2:36 am

Re: Tier 2 to ILR Refused. Please help

Post by uni_guy » Sat Aug 18, 2018 7:23 pm

binnyjai18 wrote:
Fri Aug 17, 2018 3:26 pm
Hi Everyone,
I'm having similar issue.
Employer has not paid the tax for 5 month to HRMC between 2014 to 2015 but I've been paid for 4 months.

I was thinking to apply this month but after reading this case, planning to wait and apply once I get clear direction.

Any advice in right direction will be much appreciated?

Binny

Hi Binny,


Did you applied for ILR , please let us know the outcome of your application

nuwansamar80
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Joined: Tue Jun 19, 2018 11:59 am
India

Re: Tier 2 to ILR Refused. Please help

Post by nuwansamar80 » Wed Aug 22, 2018 9:42 am

Akorotaeva wrote:
Wed Aug 15, 2018 10:25 am
So your current employer also didn't pay tax as they should have?
My current employer paid tax up to date. Problem is with my previous employer. Home Office has all my records in place when I go to PSC centre.

Anyone suggest me can I apply for Tier 1 Entrepreneur route?

Akorotaeva
Member
Posts: 211
Joined: Wed Jun 28, 2017 6:43 pm

Re: Tier 2 to ILR Refused. Please help

Post by Akorotaeva » Wed Aug 22, 2018 10:43 am

So what does the following refer to?

"There is difference between income stated on the application versus income reported to HMRC".

nuwansamar80
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India

Re: Tier 2 to ILR Refused. Please help

Post by nuwansamar80 » Wed Aug 22, 2018 2:43 pm

Akorotaeva wrote:
Wed Aug 22, 2018 10:43 am
So what does the following refer to?

"There is difference between income stated on the application versus income reported to HMRC".
Your annual salary is XX,XXX. When you apply for settlement visa, HO has all details about how much tax your employer has paid for all the Tax years. When HO cross checks with HMRC, and found if any discrepancies, your visa will be refused and in the acknowledgment letter they state "Your application is refused under the grounds"
"There is difference between income stated on the application versus income reported to HMRC".

Akorotaeva
Member
Posts: 211
Joined: Wed Jun 28, 2017 6:43 pm

Re: Tier 2 to ILR Refused. Please help

Post by Akorotaeva » Wed Aug 22, 2018 2:56 pm

What is the CURRENT (not past) discrepancy they are talking about?

nuwansamar80
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Re: Tier 2 to ILR Refused. Please help

Post by nuwansamar80 » Thu Aug 23, 2018 11:21 am

Akorotaeva wrote:
Wed Aug 22, 2018 2:56 pm
What is the CURRENT (not past) discrepancy they are talking about?
There is no discrepancy with current employment. It's all with past employment.

nuwansamar80
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India

Re: Tier 2 to ILR Refused. Please help

Post by nuwansamar80 » Tue Aug 28, 2018 2:25 pm

nuwansamar80 wrote:
Wed Aug 22, 2018 9:42 am
Akorotaeva wrote:
Wed Aug 15, 2018 10:25 am
So your current employer also didn't pay tax as they should have?
My current employer paid tax up to date. Problem is with my previous employer. Home Office has all my records in place when I go to PSC centre.

Anyone suggest me can I apply for Tier 1 Entrepreneur route?
Much appreciate if any one reply my previous message.

ntt05r
Junior Member
Posts: 63
Joined: Thu Jun 28, 2018 8:46 pm
Vietnam

Re: Tier 2 to ILR Refused. Please help

Post by ntt05r » Tue Aug 28, 2018 9:28 pm

Hi all,

How does one check whether his employer has paid sufficient tax? I have P60's for the last 5 years and I believe they have paid adequately but dont want any surprises during the ILR appointment. I have checked NI contributions from the gov website and confirmed fully paid.

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GMO
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Re: Tier 2 to ILR Refused. Please help

Post by GMO » Tue Aug 28, 2018 10:07 pm

nuwansamar80 wrote:
Wed Aug 22, 2018 2:43 pm
Akorotaeva wrote:
Wed Aug 22, 2018 10:43 am
So what does the following refer to?

"There is difference between income stated on the application versus income reported to HMRC".
Your annual salary is XX,XXX. When you apply for settlement visa, HO has all details about how much tax your employer has paid for all the Tax years. When HO cross checks with HMRC, and found if any discrepancies, your visa will be refused and in the acknowledgment letter they state "Your application is refused under the grounds"
"There is difference between income stated on the application versus income reported to HMRC".
Their statement was quite confusing! sounds like they stated about your current employer. May I know, in Which PSC centre you applied?

madnanali
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Re: Tier 2 to ILR Refused. Please help

Post by madnanali » Thu Sep 06, 2018 10:19 am

The case has not bee explained as per my understanding, so something was there in the application which makes HO suspicious, I am sure you got the extension in 2016 as well and there it was a chance that you could be refused if there were issues in tax payment...
I got ILR and just sent 1 last P60 and 3-month payslips+bank statement and that's all, Unfortunately, this kind of refusal will be issued for any future application and you have to fight your case to get ILR.

Mr AAL
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Re: Tier 2 to ILR Refused. Please help

Post by Mr AAL » Sat Sep 15, 2018 4:42 am

Hello nuwansamar80,
I am under same situation. My first employer didn't pay me 9 months salary and dissolved his company because of sudden financial crisis. My second employer is ok.

How you gonna fight this case, so I can follow your case study, your suggestion will help me a lot.
Thank you and regards,

rajasoty
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Joined: Wed Feb 15, 2017 10:15 am

Re: Tier 2 to ILR Refused. Please help

Post by rajasoty » Tue Oct 02, 2018 11:28 am

binnyjai18 wrote:
Fri Aug 17, 2018 3:26 pm
Hi Everyone,
I'm having similar issue.
Employer has not paid the tax for 5 month to HRMC between 2014 to 2015 but I've been paid for 4 months.

I was thinking to apply this month but after reading this case, planning to wait and apply once I get clear direction.

Any advice in right direction will be much appreciated?

Binny
Hi Binny,

Have you applied for ILR, what's the outcome?

Thanks
Raja

giri_b
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Joined: Mon Jun 26, 2017 3:09 pm

Re: Tier 2 to ILR Refused. Please help

Post by giri_b » Fri Oct 26, 2018 3:45 pm

Mr AAL wrote:
Sat Sep 15, 2018 4:42 am
Hello nuwansamar80,
I am under same situation. My first employer didn't pay me 9 months salary and dissolved his company because of sudden financial crisis. My second employer is ok.

How you gonna fight this case, so I can follow your case study, your suggestion will help me a lot.
Thank you and regards,
Can you please update .. i am also in the same situation .

giri_b
Newly Registered
Posts: 17
Joined: Mon Jun 26, 2017 3:09 pm

Re: Tier 2 to ILR Refused. Please help

Post by giri_b » Fri Oct 26, 2018 3:47 pm

nuwansamar80 wrote:
Wed Aug 15, 2018 9:58 am
Hello All,

I checked with solicitor and he said If taxes not paid by employer, then automatically there will be discrepancies created in tax history which will reflect in HMRC system. Is solicitor is correct? Please anyone advice. Thanks. Nuwan
Hi .. did you get any update from your solicitor. Can you please share what did you . i am also in same situation

giri_b
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Posts: 17
Joined: Mon Jun 26, 2017 3:09 pm

Re: Tier 2 to ILR Refused. Please help

Post by giri_b » Thu Nov 01, 2018 1:14 pm

binnyjai18 wrote:
Fri Aug 17, 2018 3:26 pm
Hi Everyone,
I'm having similar issue.
Employer has not paid the tax for 5 month to HRMC between 2014 to 2015 but I've been paid for 4 months.

I was thinking to apply this month but after reading this case, planning to wait and apply once I get clear direction.

Any advice in right direction will be much appreciated?

Binny
Can you please let me know . what direction did you decide . Appreciate if can update

Mr AAL
Newly Registered
Posts: 10
Joined: Tue Aug 28, 2018 9:30 pm

Re: Tier 2 to ILR Refused. Please help

Post by Mr AAL » Sat Nov 24, 2018 4:02 am

Hi,
I am afraid, I am still looking for a solicitor or someone who can give me advice, if you have any source please share with me.

Regards

giri_b wrote:
Fri Oct 26, 2018 3:45 pm
Mr AAL wrote:
Sat Sep 15, 2018 4:42 am
Hello nuwansamar80,
I am under same situation. My first employer didn't pay me 9 months salary and dissolved his company because of sudden financial crisis. My second employer is ok.

How you gonna fight this case, so I can follow your case study, your suggestion will help me a lot.
Thank you and regards,
Can you please update .. i am also in the same situation .

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