ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

ILR LR refused because employer did not pay tax

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Locked
Mohsin09
Newly Registered
Posts: 6
Joined: Mon Apr 25, 2016 9:39 pm

ILR LR refused because employer did not pay tax

Post by Mohsin09 » Mon Apr 25, 2016 10:25 pm

HI,
ILR application has been refused please can I have a advise on this? as I have been given the appeal right
I used the premier service and submit my application on 10 year basis.ECO hold the application for 7 weeks.
Got the tier 1 in 2011 generated income from 2 employment £55000 one of the company didnot pay my tax
when HO confirmed with HMRC.. I have the pay slips NI and tax deducted on the pay slips and have the salary certificate from the company but I dont have p45/p60.
I have seen several solicitors some says I need to pay the tax again but others say thats the companies responsibility. I dont know what to do?
I have 2 kids born in this country elder one is 4y old.
Thanks

screenprint
Junior Member
Posts: 76
Joined: Tue Jan 26, 2016 8:25 pm

Re: ILR LR refused because employer did not pay tax

Post by screenprint » Tue Apr 26, 2016 6:48 am

I am very sorry to hear this, it is very unfortunate.

How long you were with that company ?

Is that company still operating ?

Why did't they give you p60 at the end of year or p45 when you left a work ? Did u ask for it ?

Which peo u went to and did they ask you to fill any employments form ?

nethu82
Newbie
Posts: 37
Joined: Thu Mar 31, 2016 11:59 am

Re: ILR LR refused because employer did not pay tax

Post by nethu82 » Tue Apr 26, 2016 7:38 am

hi,
my advice is get employment history from HMRC and check whether it is updated or not.
best thing would be clear tax and apply again or go for AR.

thanks.

Pscloud
Junior Member
Posts: 55
Joined: Sun Mar 06, 2016 3:12 pm

Re: ILR LR refused because employer did not pay tax

Post by Pscloud » Tue Apr 26, 2016 9:14 am

Mohsin sorry to hear that.

Unfortunately nothing much you can do about this. There is a similar case on the forum where employer failed to pay tax of employee.

Same advice as given to other one :: Gather your P45, P60, Payslips, Contract and any other letters you have from the company and use them as evidence in court. HMRC wont update it as they are losing revenue.

RRSB2012
Member
Posts: 200
Joined: Sun Aug 05, 2012 12:38 pm

Re: ILR LR refused because employer did not pay tax

Post by RRSB2012 » Tue Apr 26, 2016 9:47 am

Mohsin,

Didn't you asked your employer for P60 when you were working with them and P45 (assuming you left that employment)?

This is 3rd or 4th case like this we are reading about. Might need to be highlighted more and everyone need to cross check their payslips with the P60s every year.

Cheers
R

Mohsin09
Newly Registered
Posts: 6
Joined: Mon Apr 25, 2016 9:39 pm

Re: ILR LR refused because employer did not pay tax

Post by Mohsin09 » Tue Apr 26, 2016 2:44 pm

Thanks to all looking at this!
Yes I left the company in 2011 worked for them about 9 months because they hold my pay for about 2 months thats why I had a dispute with them and the payment still outstanding.now I have notice company has been dissolved but I am trying to approach them to get at least copy of p45 or p60... does anyone know it can be provided by the employer? even company not in operation any more..if the company commit to provide these before the hearing date? and If I provide all the evidences to HMRC will they update the record? what would be the chances of success?

Mohsin09
Newly Registered
Posts: 6
Joined: Mon Apr 25, 2016 9:39 pm

Re: ILR LR refused because employer did not pay tax

Post by Mohsin09 » Tue Apr 26, 2016 2:47 pm

Just to include that I went to Sheffield and yes I filled the employment form .

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?

Re: ILR LR refused because employer did not pay tax

Post by geriatrix » Tue Apr 26, 2016 3:52 pm

Mohsin09 wrote:if the company commit to provide these before the hearing date? and If I provide all the evidences to HMRC will they update the record?
Highly unlikely if the employer no longer exists (insolvency). How will HMRC know that the source of "evidences" is the erstwhile employer and not a dodgy individual? It is extremely likely that HMRC will not do anything on your behest.
Mohsin09 wrote:what would be the chances of success?
Depends on the arguments presented at the appeal, evidences presented and the judge's interpretation of the law.
Life isn't fair, but you can be!

Mohsin09
Newly Registered
Posts: 6
Joined: Mon Apr 25, 2016 9:39 pm

Re: ILR LR refused because employer did not pay tax

Post by Mohsin09 » Tue Apr 26, 2016 8:54 pm

nethu82 wrote:hi,
my advice is get employment history from HMRC and check whether it is updated or not.
best thing would be clear tax and apply again or go for AR.

thanks.
thank you...HO already confirmed with HMRC they dont have employment history for that company and I have paid the tax once and the calculation of tax deduction clearly mentioned on the payslips and net income transferred into my bank account as evidence. why should I pay the tax again?

RRSB2012
Member
Posts: 200
Joined: Sun Aug 05, 2012 12:38 pm

Re: ILR LR refused because employer did not pay tax

Post by RRSB2012 » Wed Apr 27, 2016 8:30 am

Mohsin,

You have a very valid point that why should you pay again. Employer was holding funds for HMRC and it was them who absconded with the funds.
You have got Payslips and Bank statements showing transfer of Funds from that Employer to your bank account, which would help. Unfortunately you don't have a P45. You have to go to Court against that employer, HMRC wont be able to help you in this situation.

There is a TaxAid charity that might help you. I believe Forum rules prohibit sharing links and contacts, so you will have to google them.

Best of luck Mate.
Cheers
R

User avatar
Casa
Moderator
Posts: 25651
Joined: Wed Jul 23, 2008 2:32 pm

Re: ILR LR refused because employer did not pay tax

Post by Casa » Wed Apr 27, 2016 9:22 am

RRSB2012 wrote:Mohsin,

You have a very valid point that why should you pay again. Employer was holding funds for HMRC and it was them who absconded with the funds.
You have got Payslips and Bank statements showing transfer of Funds from that Employer to your bank account, which would help. Unfortunately you don't have a P45. You have to go to Court against that employer, HMRC wont be able to help you in this situation.

There is a TaxAid charity that might help you. I believe Forum rules prohibit sharing links and contacts, so you will have to google them.

Best of luck Mate.
Cheers
R
No problem in posting links to non-profit organisations which provide relevant information. In fact, I recently posted the following link in a thread where the OP has a similar issue.
http://taxaid.org.uk/guides/taxpayers/t ... -employers

In particular note:
"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."
(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.

RRSB2012
Member
Posts: 200
Joined: Sun Aug 05, 2012 12:38 pm

Re: ILR LR refused because employer did not pay tax

Post by RRSB2012 » Wed Apr 27, 2016 11:13 am

Casa,
Thanks for a great post :)

Mohsin,
do you have an idea how much is the amount of Tax that needs to be paid?

Mohsin09
Newly Registered
Posts: 6
Joined: Mon Apr 25, 2016 9:39 pm

Re: ILR LR refused because employer did not pay tax

Post by Mohsin09 » Wed Apr 27, 2016 5:45 pm

RRSB2012 wrote:Mohsin,

You have a very valid point that why should you pay again. Employer was holding funds for HMRC and it was them who absconded with the funds.
You have got Payslips and Bank statements showing transfer of Funds from that Employer to your bank account, which would help. Unfortunately you don't have a P45. You have to go to Court against that employer, HMRC wont be able to help you in this situation.

There is a TaxAid charity that might help you. I believe Forum rules prohibit sharing links and contacts, so you will have to google them.

Best of luck Mate.
Cheers
R
Yes thats right now I will be finding the legal advice against those people or company because I am in the situation I didnt know how people play with the tax and Thank you I just had a quick look at the TaxAid website its look quite useful.

Mohsin09
Newly Registered
Posts: 6
Joined: Mon Apr 25, 2016 9:39 pm

Re: ILR LR refused because employer did not pay tax

Post by Mohsin09 » Wed Apr 27, 2016 5:50 pm

RRSB2012 wrote:Casa,
Thanks for a great post :)

Mohsin,
do you have an idea how much is the amount of Tax that needs to be paid?
Not sure to be honest.

lad 14
Junior Member
Posts: 85
Joined: Sun Jan 24, 2010 11:48 am
Wales

Re: ILR LR refused because employer did not pay tax

Post by lad 14 » Tue May 03, 2016 3:02 pm

@Mohsin09
Any update in your case ? you got right of appeal ?

Mr AAL
Newbie
Posts: 34
Joined: Tue Aug 28, 2018 9:30 pm

Re: ILR LR refused because employer did not pay tax

Post by Mr AAL » Wed Sep 26, 2018 2:36 am

lad 14 wrote:
Tue May 03, 2016 3:02 pm
@Mohsin09
Any update in your case ? you got right of appeal ?
Hello Mohsin,
Your case is same as mine, could you please share how your story end up. It will help me a lot to prepare my case.

Regards,

Al

User avatar
CR001
Moderator
Posts: 86820
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: ILR LR refused because employer did not pay tax

Post by CR001 » Wed Sep 26, 2018 4:59 am

Mr AAL wrote:
Wed Sep 26, 2018 2:36 am
lad 14 wrote:
Tue May 03, 2016 3:02 pm
@Mohsin09
Any update in your case ? you got right of appeal ?
Hello Mohsin,
Your case is same as mine, could you please share how your story end up. It will help me a lot to prepare my case.

Regards,

Al
1. The user has not logged into the forum for more than 2 years.

2. Please continue in your own topic you have rather than digging up old threads.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Locked
cron