Naturalisation - Employment Issue

Dear Experienced members:

My ILR was issued on 06 July 2019 on SET (LR) application. After one year I can apply for naturalisation.

I understand the form asks for last 10 years of employment history.

I had a Tier 2 (G) Visa with one Sponsor and they never gave me any payslips. I was employed with them from Aug 2013 to Dec 2014. I checked with HMRC to get my tax records for that employment and was astonished to know that they haven't even done the payroll for me and my employment wasn't disclosed.

So how will i fill in the form? Should I disclose my employment which is a right thing to do as I had a Tier 2 visa with that employer or should I not? I fell totally stuck.

Any suggestions please?

Many thanks in advance as always.

While I let mods to handle this, but in my opinion you should not apply for naturalisation atleast till you develop 10 years of employment of self assessment tax filling. This is one of things being taken seriously by Home office. As you are sorted in your status with ILR, you need to worry at the moment. Though I am surprised how you managed to get your ILR approved.

apsk wrote: ↑

Wed Aug 07, 2019 12:00 pm

While I let mods to handle this, but in my opinion you should not apply for naturalisation atleast till you develop 10 years of employment of self assessment tax filling. This is one of things being taken seriously by Home office. As you are sorted in your status with ILR, you need to worry at the moment. Though I am surprised how you managed to get your ILR approved.

OP did not get ILR through Tier 2 route, if they had this issue would likely have been flagged already.

My ILR was on 10 years long residency and I think that doesn't get checked as you need to have legal stay in the country. Hence the reason I have got ILR. I know some friends who worked two jobs and more than 20 hours during their student visa but they also managed to get ILR on 10 years Long Residency.

Many thanks CR001 for your input.

What should I do now. Should I ring HMRC and tell them about the situation but I am sure they will ask me to pay the tax which my fraudulent employer should have paid as they paid me the net amount and was never provided any payslips ever. Never paid me on time. I received 16 payments from them over my employment from Aug 2013 to Dec 2014.

talreh20 wrote: ↑

Wed Aug 07, 2019 12:26 pm

Many thanks CR001 for your input.

What should I do now. Should I ring HMRC and tell them about the situation but I am sure they will ask me to pay the tax which my fraudulent employer should have paid as they paid me the net amount and was never provided any payslips ever. Never paid me on time. I received 16 payments from them over my employment from Aug 2013 to Dec 2014.

I doubt if this will help. Is there nay particular reason you need Citizenship? With my limited understanding, I can say even if you do every possible bit with HMRC this will be flagged up during your application assessment and most likely rejection with 10years ban. It could open up a big investigation of your employer and then you will be dragged into this forever.. may take longer than your wait till you are eligible. Best bet is to wait till you get 10 years of employment or self employment tax history starting Jan 2015. Perhaps you need a formal legal advice.

Apsk,
Thank you for your input on that. However, I don't understand why there will be a ban on me for 10 years when I haven't been deceptive in any of my previous applications. My employers not paying taxes is not my responsibility. Its a task given to the employers by HMRC.

I don't really care about my employer as they deceived me by not paying my PAYE And NI for 1 and a half year. I didn't work for them since Dec 2014 and if the investigation is open for them, that is even better but yes you are right that all that may take 3 to years and I may be eligible by then.

talreh20 wrote: ↑

Thu Aug 08, 2019 11:18 am

Apsk,
Thank you for your input on that. However, I don't understand why there will be a ban on me for 10 years when I haven't been deceptive in any of my previous applications. My employers not paying taxes is not my responsibility. Its a task given to the employers by HMRC.

I don't really care about my employer as they deceived me by not paying my PAYE And NI for 1 and a half year. I didn't work for them since Dec 2014 and if the investigation is open for them, that is even better but yes you are right that all that may take 3 to years and I may be eligible by then.

But in my opinion, it is your responsibility to check in your payslip and perhaps with HMRC in case of any doubt that your employer is doing the right thing.If you chose to keep quite when you were getting 100% take home pay with no tax deducted then you are at fault as you will be seen as partner in crime. Just in case you can produce enough evidence that your employer not just deceived HMRC but you also by providing you wrong/fraudulent payslips then go ahead and play with the bull.

In recent past HO has banned applicants for tax frauds, self employed tier 1 visa holders being specific.

apsk wrote: ↑

Thu Aug 08, 2019 11:39 am

But in my opinion, it is your responsibility to check in your payslip and perhaps with HMRC in case of any doubt that your employer is doing the right thing.If you chose to keep quite when you were getting 100% take home pay with no tax deducted then you are at fault as you will be seen as partner in crime. Just in case you can produce enough evidence that your employer not just deceived HMRC but you also by providing you wrong/fraudulent payslips then go ahead and play with the bull.

In recent past HO has banned applicants for tax frauds, self employed tier 1 visa holders being specific.

The OP has clearly stated in their opening post that they did NOT receive payslips.

I wasn't taking home 100%. They paid me Net. My COS had a gross salary and I was always paid net. Can only prove it with my bank statements what i was taking home so wasn't a partner in crime as I didn't know that they won't pay my tax. Only realised after requesting my tax history from HMRC.

But I think I will wait now even though I haven't done any tax fraud. I don't really want to open can of worms and then regret for not showing patience.

Just curious, were your employed by this company on PAYE and worked for the sponsor directly or was it through an 'umbrella' company 'third party' agent? Were they taking a percentage of your pay as a commission or fee? Did you have to find your own contracts?? Also, did you have to pay a fee for the CoS?

Hi CR001

No. I was working with them as a contractor when I had a Tier 1 PSW. When my PSW was about to end I asked them if they can sponsor and they did. So on PAYE. I didn't pay any fee for the COS. They gave a contract and I signed it. They kept it in my employee's file and didn't give me a copy.

talreh20 wrote: ↑

Thu Aug 08, 2019 11:53 am

I wasn't taking home 100%. They paid me Net. My COS had a gross salary and I was always paid net. Can only prove it with my bank statements what i was taking home so wasn't a partner in crime as I didn't know that they won't pay my tax. Only realised after requesting my tax history from HMRC.

But I think I will wait now even though I haven't done any tax fraud. I don't really want to open can of worms and then regret for not showing patience.

Well you are not the only one.

In my case, I was getting cash in hand, but declared to HRMC by both two emoloyers for my part time jobs I did for 3 months and 30 months between 2010 to end 2012. So I don't have payslips/P60s for my part time jobs but HRMC letter showing the income with NO Tax/NI paid as it was below the income could be NI/Tax deduted. Incase HO ask further details, I don't have anything to produce, both employers are shut.

So I guess paitience is key here. Maybe you can wait while all those years can past before your last 10 years are clean with all the paperwork.

Hi everyone.

Just wondering would dart charge fine be a problem in naturalisation application? I crossed the bridge and didn't pay the charge in time. Now will receive a PCN.

Would that be an issue regardless of when I apply for naturalisation i.e. after 4 or 5 years.

talreh20 wrote: ↑

Wed Aug 14, 2019 5:30 pm

Hi everyone.

Just wondering would dart charge fine be a problem in naturalisation application? I crossed the bridge and didn't pay the charge in time. Now will receive a PCN.

Would that be an issue regardless of when I apply for naturalisation i.e. after 4 or 5 years.

It will not be an issue if you pay its fine and then declare it in your application.

Hi Apsk

Many thanks for your input. Just to update you, I have just spoken to the Dart charge people and i was absolutely lucky that the previous owner of my car made advance payments and my crossing has been off-set against that.

So the guy said "no harm done" . Phewww