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Tier 2 to ILR Refused. Please help

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

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nuwansamar80
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Tier 2 to ILR Refused. Please help

Post by nuwansamar80 » Fri Aug 03, 2018 4:09 pm

Dear Board Members

Route: Tier 2 (5 Years) -> ILR
PSC: Croydon
Appointment Date: 03/08/2018

Here is my Immigration history. No refusals before.
Came as Student in 2009
Applied PSW in 2011 and got 2 years visa.
Applied Tier 2 in 2013 and got Visa for 3 years
1st Employment: June 2013 - February 2015 (Taxes not paid for couple of months, roughly 4 - 5 months)
2nd Employment: May 2015 - December 2016 (Taxes paid for all months)
3rd Employment: July 2017 - Till Date (Taxes paid for all months)

General grounds of refusal: "Your application for indefinite leave to remain in the United Kingdom has been refused under immigration rule 322(1A), 322(2), 322(5). There is difference between income stated on the application versus income reported to HMRC, and tax not paid in previous employments."

Actually my previous employer not paid taxes for couple of months and not paid me and payslips not generated. My question is
1. Is the refusal is correct?

2. Can I appeal against the refusal?

3. I'm on PAYE. Is that my problem for not paying taxes?

Please advice me how to apply for appeal?

Thank you
Nuwan

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CR001
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Re: Tier 2 to ILR Refused. Please help

Post by CR001 » Fri Aug 03, 2018 5:26 pm

You don't have any appeal rights as a PBS applicant.

Why weren't you paid or your traxes paid by employer??

What difference in income is the refusals referring to?? What is your actual income??
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.

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Re: Tier 2 to ILR Refused. Please help

Post by Akorotaeva » Fri Aug 03, 2018 5:57 pm

Was there a difference because of salary sacrifices, other non-taxable components of your salary?

These are permitted.

More details are needed about the discrepancy.

nuwansamar80
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Re: Tier 2 to ILR Refused. Please help

Post by nuwansamar80 » Fri Aug 03, 2018 7:02 pm

CR001 wrote:
Fri Aug 03, 2018 5:26 pm
You don't have any appeal rights as a PBS applicant.

Why weren't you paid or your traxes paid by employer??

What difference in income is the refusals referring to?? What is your actual income??
Hi CR001,

Because my employer's business was not good and facing losses.

Actual income was 24K. He was supposed to pay me 10K which is not paid. and taxes about 2K which was not paid.

nuwansamar80
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Re: Tier 2 to ILR Refused. Please help

Post by nuwansamar80 » Fri Aug 03, 2018 7:03 pm

Akorotaeva wrote:
Fri Aug 03, 2018 5:57 pm
Was there a difference because of salary sacrifices, other non-taxable components of your salary?

These are permitted.

More details are needed about the discrepancy.
No non-taxable components in my salary.

Akorotaeva
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Posts: 211
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Re: Tier 2 to ILR Refused. Please help

Post by Akorotaeva » Fri Aug 03, 2018 7:46 pm

So you said you were earning X amount but your employer is paying you 10k less? Why are you being paid less?

nuwansamar80
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Re: Tier 2 to ILR Refused. Please help

Post by nuwansamar80 » Sat Aug 04, 2018 2:14 pm

Akorotaeva wrote:
Fri Aug 03, 2018 7:46 pm
So you said you were earning X amount but your employer is paying you 10k less? Why are you being paid less?
I've not been paid for 5 months. No Payslips generated, no taxes paid to HMRC.

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Djsuccess
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Re: Tier 2 to ILR Refused. Please help

Post by Djsuccess » Sat Aug 04, 2018 9:06 pm

nuwansamar80 wrote:
Sat Aug 04, 2018 2:14 pm
Akorotaeva wrote:
Fri Aug 03, 2018 7:46 pm
So you said you were earning X amount but your employer is paying you 10k less? Why are you being paid less?
I've not been paid for 5 months. No Payslips generated, no taxes paid to HMRC.
Was your first employer an umbrella company? You cannot work for a company for 5 months and not get paid in this country without raising a serious legal issue. Or did you report the company?

Did you make any attempt to pay the taxes?
Not sure you have any ground to dispute the decision. The irregularity is too obvious for UKVI to overlook.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

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GMO
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Re: Tier 2 to ILR Refused. Please help

Post by GMO » Sat Aug 04, 2018 11:40 pm

nuwansamar80 wrote:
Fri Aug 03, 2018 4:09 pm
Dear Board Members

Route: Tier 2 (5 Years) -> ILR
PSC: Croydon
Appointment Date: 03/08/2018

Here is my Immigration history. No refusals before.
Came as Student in 2009
Applied PSW in 2011 and got 2 years visa.
Applied Tier 2 in 2013 and got Visa for 3 years
1st Employment: June 2013 - February 2015 (Taxes not paid for couple of months, roughly 4 - 5 months)
2nd Employment: May 2015 - December 2016 (Taxes paid for all months)
3rd Employment: July 2017 - Till Date (Taxes paid for all months)

General grounds of refusal: "Your application for indefinite leave to remain in the United Kingdom has been refused under immigration rule 322(1A), 322(2), 322(5). There is difference between income stated on the application versus income reported to HMRC, and tax not paid in previous employments."

Actually my previous employer not paid taxes for couple of months and not paid me and payslips not generated. My question is
1. Is the refusal is correct?

2. Can I appeal against the refusal?

3. I'm on PAYE. Is that my problem for not paying taxes?

Please advice me how to apply for appeal?

Thank you
Nuwan
Thats really very unfortunate! butI belive you are near to 10 years to apply again in another route...no worry. Can you please what docs you submitted during your ILR application...did u submit all p60 as well?

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Djsuccess
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Re: Tier 2 to ILR Refused. Please help

Post by Djsuccess » Sun Aug 05, 2018 6:19 am

GMO wrote:
Sat Aug 04, 2018 11:40 pm
nuwansamar80 wrote:
Fri Aug 03, 2018 4:09 pm
Dear Board Members

Route: Tier 2 (5 Years) -> ILR
PSC: Croydon
Appointment Date: 03/08/2018

Here is my Immigration history. No refusals before.
Came as Student in 2009
Applied PSW in 2011 and got 2 years visa.
Applied Tier 2 in 2013 and got Visa for 3 years
1st Employment: June 2013 - February 2015 (Taxes not paid for couple of months, roughly 4 - 5 months)
2nd Employment: May 2015 - December 2016 (Taxes paid for all months)
3rd Employment: July 2017 - Till Date (Taxes paid for all months)

General grounds of refusal: "Your application for indefinite leave to remain in the United Kingdom has been refused under immigration rule 322(1A), 322(2), 322(5). There is difference between income stated on the application versus income reported to HMRC, and tax not paid in previous employments."

Actually my previous employer not paid taxes for couple of months and not paid me and payslips not generated. My question is
1. Is the refusal is correct?

2. Can I appeal against the refusal?

3. I'm on PAYE. Is that my problem for not paying taxes?

Please advice me how to apply for appeal?

Thank you
Nuwan
Thats really very unfortunate! butI belive you are near to 10 years to apply again in another route...no worry. Can you please what docs you submitted during your ILR application...did u submit all p60 as well?

When is the OP's current visa expiring?
Will applying via 10 years LR make the tax issue disappear?
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

marisajason
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Re: Tier 2 to ILR Refused. Please help

Post by marisajason » Tue Aug 07, 2018 4:57 pm

1st Employment: June 2013 - February 2015 (Taxes not paid for couple of months, roughly 4 - 5 months)

were the payslips not generated at all or where they generated and sent to HMRC but just with lower non-qualifying amount?

marisajason
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Russia

Re: Tier 2 to ILR Refused. Please help

Post by marisajason » Tue Aug 07, 2018 5:14 pm

Also how did they found out about the difference in salary?
You applyed in person, surely they did not contact HMRC. Did you provide them with P60 for those years?
does not seem very clear

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Casa
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Re: Tier 2 to ILR Refused. Please help

Post by Casa » Tue Aug 07, 2018 5:33 pm

marisajason wrote:
Tue Aug 07, 2018 5:14 pm
Also how did they found out about the difference in salary?
You applyed in person, surely they did not contact HMRC. Did you provide them with P60 for those years?
does not seem very clear
Don't be under an illusion that PSC Case Workers won't cross-check with HMRC during the appointment. With system sharing, all the information is simply a click away. :idea:
(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.

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 » Wed Aug 08, 2018 10:30 am

GMO wrote:
Sat Aug 04, 2018 11:40 pm
nuwansamar80 wrote:
Fri Aug 03, 2018 4:09 pm
Dear Board Members

Route: Tier 2 (5 Years) -> ILR
PSC: Croydon
Appointment Date: 03/08/2018

Here is my Immigration history. No refusals before.
Came as Student in 2009
Applied PSW in 2011 and got 2 years visa.
Applied Tier 2 in 2013 and got Visa for 3 years
1st Employment: June 2013 - February 2015 (Taxes not paid for couple of months, roughly 4 - 5 months)
2nd Employment: May 2015 - December 2016 (Taxes paid for all months)
3rd Employment: July 2017 - Till Date (Taxes paid for all months)

General grounds of refusal: "Your application for indefinite leave to remain in the United Kingdom has been refused under immigration rule 322(1A), 322(2), 322(5). There is difference between income stated on the application versus income reported to HMRC, and tax not paid in previous employments."

Actually my previous employer not paid taxes for couple of months and not paid me and payslips not generated. My question is
1. Is the refusal is correct?

2. Can I appeal against the refusal?

3. I'm on PAYE. Is that my problem for not paying taxes?

Please advice me how to apply for appeal?

Thank you
Nuwan
Thats really very unfortunate! butI belive you are near to 10 years to apply again in another route...no worry. Can you please what docs you submitted during your ILR application...did u submit all p60 as well?
Hi GMO, Will this refusal affect my 10 year route as well? I was asked all year P60's. Unfortunately I had only for 4 years which I submitted.

nuwansamar80
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Posts: 14
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India

Re: Tier 2 to ILR Refused. Please help

Post by nuwansamar80 » Wed Aug 08, 2018 10:39 am

Hi GMO,

Will this refusal affect my 10 year route as well? I was asked all year P60's. Unfortunately I had only for 4 years which I submitted.

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

Re: Tier 2 to ILR Refused. Please help

Post by Akorotaeva » Wed Aug 08, 2018 10:39 am

It's still not clear to me how there was a discrepanct between income claimed on your application and actual income.

Why is the income you are getting now not reported in full to HMRC?

I understand about past employer, but not about the current discrepancy.

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GMO
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Re: Tier 2 to ILR Refused. Please help

Post by GMO » Wed Aug 08, 2018 9:40 pm

exactly! what about your current income? is there any issue with that?

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Djsuccess
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Posts: 1159
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Nigeria

Re: Tier 2 to ILR Refused. Please help

Post by Djsuccess » Thu Aug 09, 2018 6:26 am

nuwansamar80 wrote:
Wed Aug 08, 2018 10:30 am
GMO wrote:
Sat Aug 04, 2018 11:40 pm
nuwansamar80 wrote:
Fri Aug 03, 2018 4:09 pm
Dear Board Members

Route: Tier 2 (5 Years) -> ILR
PSC: Croydon
Appointment Date: 03/08/2018

Here is my Immigration history. No refusals before.
Came as Student in 2009
Applied PSW in 2011 and got 2 years visa.
Applied Tier 2 in 2013 and got Visa for 3 years
1st Employment: June 2013 - February 2015 (Taxes not paid for couple of months, roughly 4 - 5 months)
2nd Employment: May 2015 - December 2016 (Taxes paid for all months)
3rd Employment: July 2017 - Till Date (Taxes paid for all months)

General grounds of refusal: "Your application for indefinite leave to remain in the United Kingdom has been refused under immigration rule 322(1A), 322(2), 322(5). There is difference between income stated on the application versus income reported to HMRC, and tax not paid in previous employments."

Actually my previous employer not paid taxes for couple of months and not paid me and payslips not generated. My question is
1. Is the refusal is correct?

2. Can I appeal against the refusal?

3. I'm on PAYE. Is that my problem for not paying taxes?

Please advice me how to apply for appeal?

Thank you
Nuwan
Thats really very unfortunate! butI belive you are near to 10 years to apply again in another route...no worry. Can you please what docs you submitted during your ILR application...did u submit all p60 as well?
Hi GMO, Will this refusal affect my 10 year route as well? I was asked all year P60's. Unfortunately I had only for 4 years which I submitted.
Getting a refusal due to deception and misrepresentation doesn't go away quickly. Usually, subsequent applications will be refused for the same reason. More experienced members can correct me if I'm wrong.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

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 3:09 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.

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GMO
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Re: Tier 2 to ILR Refused. Please help

Post by GMO » 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?

nuwansamar80
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Posts: 14
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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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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
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Posts: 211
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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?

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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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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

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