ILR Eligibilty - No Tax paid in last two years

Dear Members,

I work for the same company from more than 5 years now. My employer gave me P60 in first three years 07-08, 08-09 & 09-10 but not for 10-11 & 11-12.

Recently I contacted HMRC for Employment History letter and they said that, "We have no record of any taxable income for you as a Pay As You Earn (PAYE) employee for the tax years 10-11 & 11-12."

That definitely means my employer didn't pay my tax to HMRC for last two years.

My question is: what will happen to my ILR application which is due in March 2013 if Home Office asks this question that why there is no tax paid for last two tax years???

I am so worried since my employment history letter revealed this fact.

Please can someone share their experience if they have gone through from the same situation.

Many thanks.

Do you not have the payslips for 'untaxed' years? If you do, do they show tax deductions? If not, why are you concerned now?

The last thing you want to be is an accomplice to your employer's dodgy tax handling, if that is what it really is.

Thanks wpilr_nov12 for your reply.

I do have the payslips for the untaxed years and they show tax deductions.

I agree with you that my employer is doing some dodgy tax handling but I didn't tell him about contacting HMRC directly and I won't tell until my ILR done. He could create problems for me if he knows that I contacted HMRC because he can get in trouble from HMRC.

For my ILR, can I show first 3 years of P60 and last two years of PAYSLIPS? would that be acceptable? Because my last two years tax hasn't been paid so there is no way that HMRC can produce Employment history for that.

Your reply would be highly appreciated.

Many thanks.

If I put myself in your position - I have payslips that show taxes deducted; I have not been contacted by HMRC directly. I wouldn't know, nor would I have any motivation to know, if my employer is current on my taxes. And if I hadn't contacted HMRC myself, I would have never known the missing taxes.

Even if I had P60 for the recent years, I wouldn't have known that the figures on it are not accurate.

Per ILR requirements, I am not required to get a current tax status from HMRC.

So I would be apply with the P60s that I have (though unlikely they will be asked for), and the payslips for the most recent years. Unless I speak out, no one needs to know the tax dealings of my employer. And if anyone has any concern, they can contact HMRC directly and let HMRC chase my employer.

This is the position I would take, and I would apply without any fear. But it is coming from ILR recipient, so take my word with proper judgement.

Thank you very much wpilr_nov12. You have solved my problem. I will do exactly as you suggested, meaning P60's I have plus recent payslips (last 2 years).

Thanks once again.

zeeshan786 wrote:Thank you very much wpilr_nov12. You have solved my problem. I will do exactly as you suggested, meaning P60's I have plus recent payslips (last 2 years).

Thanks once again.

Get your Payslips stamped from your company just in case.

zeeshan786: It might be correct but just check your NI number on your mistaxed year pay slips. However how you getting paid. Credit transfer or Cheque. It credit transfer from your firm name nothing to worried at all.