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Joseph01
Member
Member # 7141
Posted December 11, 2003 06:02 PM
Surreal

quote:

One more query - in earlier post you said I might have problmes while changing employer. Why is that so ?

When you change employers, generally the new one would expect to get a P45. You will not have one. You will have to give them a P46 instead and explain why you don't have a P45. It probably will not be a problem except that when you start your new job, your NI account will be accumulating credits as though this was your first and only employer. Inland Revenue might wonder what happened since they issued the number. It's a risk, perhaps small. You have to see what happens.

You will have to give your NI number on your nationality application. They probably will get from Inland Revenue your entire NI contributions history and income tax history from your NI account. A marginally astute caseworker might wonder why you had no contributions and no taxes paid during the first 4 years! The nationality rules definitely state that payment or non-payment of taxes is a factor in determining good character.

I agree, Antipodian, that they won't audit your tax returns but I do suspect they will at least superficially check whether you have been an active tax contributor during the 5 years. If they are really incompetent, they could only check if you are currently in arrears, but I would doubt it. What do you think?

Joseph

antipodean
Member
Member # 2155
Posted December 11, 2003 06:27 PM
I don't really know, but if you read the notes the home office have for caseworkers to follow you will see that they are supposed to check that you are not in arrears.

link Particularly see 4.3.2

I don't believe they look to see whether you've been paying tax the whole time. Though this probably depends on your status. For example I was initially on an ancestry visa so only had to maintain myself without recourse to public funds with the rather vague notion that I intend to work. No compulsion to actually be working, so perhaps they are less strict in such cases. See below from caseworkers' manual:

quote:

Although the Rules require a person applying for settlement by virtue of United Kingdom ancestry to have resided here continuously in this capacity for 4 years, there is no requirement that any employment taken must be continuous. The Rules only require a person to either continue in employment or to seek further employment. If an applicant is in employment all we will require is a letter from his current employers confirming that he will continue in their employ. If, however, the applicant is not employed at the time of application we will need to request evidence of his employment record throughout the 4 years and evidence of any attempts he has made to find employment.

Personally I think they just phone your tax office and ask whether you are wanted for non-payment of taxes. Who knows?

Joseph01
Member
Member # 7141
Posted December 11, 2003 06:42 PM
Antipodean,
I see where your case was slightly different. In surreal's Work Permit scenario, the employment is supposed to be continuous. I would definitely use an immigration solicitor to make sure there are no surprises with the naturalisation application!
Joseph
VikB
Junior Member
Member # 7059
Posted December 11, 2003 09:39 PM
Question for Surreal: In your earlier post you mentioned dependent stamping:

Docs - apart frm employer letter other docs were not even glanced - i took some payslips and bank stts, work permits etc. I had one dependent stamping as well.

Could you please elaborate? Was the Dependent stamping in between workpermits? were you asked anything about that?

Thanks!

surreal
Member
Member # 7109
Posted December 12, 2003 03:43 PM
I think I have confused everyone with that statement. I wanted to say that I had one dependent for ILOR stamping. I never was on dependent workpermit. Sorry for the inconvenience !
gn
Member
Member # 7170
Posted December 12, 2003 08:19 PM

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