Archive » United Kingdom » ILR - please post your comments
| Author | Post |
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| surreal Member Member # 7109 | Posted December 09, 2003 05:30 PM OK. You mean to say that if the residence is over 2 years then a person is taxable in any case whether they take ILR or not. My question was that - whether taking or not of ILR makes any difference to one's taxability. Seems that is not the case. Once would be taxable whether they go for ILR or not - after a specific number of years. Thanks TANVON right ? |
| Thorsten von Thyssen Member Member # 4397 | Posted December 09, 2003 05:35 PM ILR has no tax implications. However, as an ILR holder you are entitled to "Public Funds" benefits. So you can get (inter-alia) child tax credit and working tax credit. -------------------- ----------------------------------- |
| surreal Member Member # 7109 | Posted December 09, 2003 05:36 PM One more thing I just came back today from overseas - the IO did not notice ILR stamp and asked me if I was still working in the UK. I said yes - he said 'OK get in'. I then showed ILR stamp. IO said 'oh you are ILR holder. Get in'. |
| surreal Member Member # 7109 | Posted December 09, 2003 05:37 PM Thanks Thorsten von Thyssen |
| Thorsten von Thyssen Member Member # 4397 | Posted December 09, 2003 05:37 PM It's strange. His computer should have indicated that you are an ILR holder. -------------------- ----------------------------------- |
| antipodean Member Member # 2155 | Posted December 09, 2003 05:49 PM quote: They don't always scan passports. I was at heathrow terminal 3 a couple of weeks ago. There they just looked at the relevant page of my passport, asked how long I had been away and stamped me through. No computer in sight! |
| Thorsten von Thyssen Member Member # 4397 | Posted December 09, 2003 06:05 PM It's a paradise for forgers. I know a thing or two about security printing. These vignettes can be easily forged. Not to mention the ink stamps which any toddler can counterfeit. -------------------- ----------------------------------- |
| surreal Member Member # 7109 | Posted December 10, 2003 11:07 AM I have got dependent ILR for my wife who joined me after two years. Is it true in case of naturalsation - there is no provision of dependent and every case is independently decided. In short when I am due for naturalisation will she get it or will she have to wait till completion of 5 years. |
| Thorsten von Thyssen Member Member # 4397 | Posted December 10, 2003 12:00 PM She has to wait until she completes a continuous five year UK residence period (the last year must be with an ILR). -------------------- ----------------------------------- |
| Joseph01 Member Member # 7141 | Posted December 10, 2003 12:22 PM surreal I think that if you naturalise first (after you complete 5 years), your wife can apply after she completes 3 years, thus saving some time off the 5 years. Joseph |
| surreal Member Member # 7109 | Posted December 10, 2003 02:50 PM Thanks both ! Is the rule - 'In the last 12 months of the five year period the candidate must not have been outside the UK for more than 90 days; ' very strictly applied. I mean business trips of a month each four times would it affect the chances of naturalisation. |
| gn Member Member # 7170 | Posted December 10, 2003 03:22 PM Hello, That is a useful chain of discussion. Surreal congrats on getting the all important ILR. Wish you best for 'next step'. |
| Joseph01 Member Member # 7141 | Posted December 10, 2003 04:16 PM The 90 rule is not ironclad and mandatory, There is some leeway which the Home Office can apply in exceptional cases, if there are valid reasons such as business trips required by your employer. Of course, it would be preferable to keep the days outside the UK to a minimum. For example if you have a lot of business days outside the UK, it wouldn't be good to have a lot of vacation days as well. Joseph |
| antipodean Member Member # 2155 | Posted December 10, 2003 04:45 PM There is also no hurry once you have ILR (unless for personal reasons). So you could just wait until such time as you do spend <90 days away from the UK in a year and apply for naturalisation then. I waited something like 18 months with ILR before applying for naturalisation simply because I was too busy to sort out the paper work. On the other hand, with this talk of increased fees it wouldn't hurt to get on with it. One thing is for sure, once the fees go up they will not come back down again. A word of advice, get your passport photocopied and witnessed and send that in for naturalisation. That way you can travel while they consider your application. This worked for me and naturalisation only took 3 weeks to process in total. |
| surreal Member Member # 7109 | Posted December 10, 2003 06:04 PM Thanks everyone. Where has Sharadha disappeared after naturalisation ? This is on the topic of taxes and NI. The situation is similar to Sharadha's. I get allowances net of tax. Don't have tax and NI in payslip. My company has been paying both for me. They have givena P11 to me for that. (I have an NI number which I had applied for on my own. There are no records against it as no one knows about it in the company.) Refer Sharadha's cases: Nattionlaity: Home office reply:: May be helpful Anyone got any idea on what is the treatment of this in naturalisation. It is clear that Sharadha did not have any problems in naturalisation. In fact HO recognised the practice. But what are the exact provisions under tax and immigration laws ? |
| touch Member Member # 6701 | Posted December 10, 2003 06:21 PM Actually -you also need to pay taxes in your native country.....that's what I was told. So some of us are criminals of both countries and your ILR can be taken away. |
| gn Member Member # 7170 | Posted December 10, 2003 06:23 PM Sorry....am I reading something wiered.....or its my eyes |
| Joseph01 Member Member # 7141 | Posted December 11, 2003 02:52 AM Surreal
quote: You have been 4 years in this country and you don't have tax witholding payments against your NI number? I think the 2-year scheme you described of not paying any taxes for ICT is dodgy, but 4 years is ridiculous. One thing is for sure: Your employer are UNETHICAL because they refused for selfish reasons to provide you with a letter for ILR. That's why you initially asked the forum for advice right? If your employer are unethical in one area, why wouldn't they also be unethical in the area of taxes? Hopefully they are not cheating on your income taxes because this will cause problems for YOU when you change employers and certainly if and when you apply for nationality. You really should have had PAYE withholding and NI against your NI number account by now, at least for the most recent years. This will be checked for the nationality application, unlike with ILR. A form P11 is totally worthless if it doesn't have your NI number on it with the original copy filed with Inland Revenue. If you are an employee, you really should have gotten P60s as well. I hope you can get some advice from a tax accountant or lawyer. Joseph |
| surreal Member Member # 7109 | Posted December 11, 2003 12:06 PM Yes Joseph ! I know it it sad and gloomy picture for me unless I get clarifications from experts / consultants on the tax and NI matters. Only hope I have is from Sharadha's post and one of my friend - both exactly in the same boat and got their naturalisation done this year. I know quite a few examples where people have left the employer to join new employer and there was no issue there (in fact some of them have got ILR as well). Thanks for your patience in responding all along mate. |
| Joseph01 Member Member # 7141 | Posted December 11, 2003 12:24 PM Hopefully there will be no issue for you as well. You should change employers as soon as possible. Regards Joseph |
| surreal Member Member # 7109 | Posted December 11, 2003 12:28 PM One more query - in earlier post you said I might have problmes while changing employer. Why is that so ? |
| antipodean Member Member # 2155 | Posted December 11, 2003 04:03 PM When applying for naturalisation, the Home Office don't audit your tax history, they simply contact the Inland Revenue to see if you owe any outstanding money. Even if you do, they can still grant you citizenship if you have made a real effort to pay your tax (eg set up a repayment plan with Inland Revenue). |
| surreal Member Member # 7109 | Posted December 11, 2003 04:58 PM Thanks antipodean for the clarification. How would HO know if there was any tax outstanding if there is no PAYE or NI number ? Or is the same case as Kaylami stated in one of his posts - if the NI number / PAYE number is not found therefore, HO concludes there is no liability. It is also intersting to see how Sharadha got it - by telling it upfront that what he / she gets is allowances and therefore , there are no taxes paid in the UK and HO acknowledging that. In fact, even bigger question is what is Inland Revenue's view on these dodgy (?) practices by employers like these. |
| Cosmopol Member Member # 7165 | Posted December 11, 2003 05:10 PM Reading this makes me wonder -- what is the general attitude of Inland Revenue if a taxpayer contacts them with a question or dispute? More punishing or rather loyal to an earnest taxpayer? My thought was, would it pay at all to contact IR directly stating the concerns, and working out a rectifying plan, if such is necessary. That way the issue is taken care of right at the source, with all the correspondence to back it up later with HO or elsewhere. Or am I being naive? Of course, there is always that employer who may get angry... [ December 11, 2003: Message edited by: Cosmopol ] |
| surreal Member Member # 7109 | Posted December 11, 2003 05:30 PM Cosmopol Good point ! I just wanted to check with the experience of people on this NG - I am sure there are many - and what they thought of this. My general experience on this is if you take it up with any other person they just want to avoid the topic and somehow feel that everything should be alright. There are not 100s but 1000s in this situation and they are coming in more numbers. It is unbelivable that in such a computerised world and developed economy - the Inland Revenue is ignoring it - at what benefits ? And when it is so easy to control it - at the time of issue / extension of WP, ILR. Ridiculous unless covered by some provision of law that none of us are aware of. |
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