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Am I eligible for ILR..??

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ilr_wp
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Am I eligible for ILR..??

Post by ilr_wp » Fri Jun 27, 2008 10:49 pm

Hi,

I have been working in the UK on WP for an Indian company for last 4.5 years. My question is will I be eligible for ILR once I complete 5 years..??

But the issue I have is in last 4.5 years..
- My company never provideed me any P60
- I am not paying any tax in UK
- I donot have a NI card in UK

So........
1. Will I still be eligible for ILR..??
2. I could not see in ILR form they ask any proofs around tax payment. Did I get that wrong..?
3. Will just because 5 years of continous UK residence make me eligible for ILR?
4. If Yes..what other docs i needs to provide..?

Any help/response on this is highly appreciated, especially experts & people from similar background whose application for ILR was rejected/accepted recently.

Thanks again..

TinTinTin
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Location: London

Post by TinTinTin » Sat Jun 28, 2008 9:58 am

Do you have PAY SLIPS with any TAX code or any HMRC reference ?

Surprised to hear that for 5 years you are not paying tax.

Wanderer
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Ireland

Post by Wanderer » Sat Jun 28, 2008 10:13 am

This smells fishy - bodyshopping?

Can you tell us the nature of ur work - ie are you moved from company to company?
An chéad stad eile Stáisiún Uí Chonghaile....

Sushil-ACCA
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Post by Sushil-ACCA » Sat Jun 28, 2008 11:29 am

you are liable t to all NI AND Tax on all yr UK Earnings , u have broken UK tax laws

unless u get a clean chit from IR u AND COMPANY FOR WHICH U R WORKING r in big Mess forget about ILR

PaperPusher
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Post by PaperPusher » Sat Jun 28, 2008 3:54 pm

Your employer may be breaking the law. There are special rules for employees based overseas coming to the UK for a short while, but 4.5 years is not a short period.

See the HMRC website at http://www.hmrc.gov.uk/nic/work/emps-abroad.htm
Exceptions for employees sent from countries outside the EEA and without a Reciprocal Agreement or Double Contributions Convention
If an employee is sent by their normal employer from one of these countries to work in your business, and if all of the following conditions apply, then no NICs are due for the first 52 weeks after the employee arrives in the UK:

the employee is not ordinarily resident or working in the UK
they have been sent to work here temporarily by an overseas employer
the overseas employer has a place of business outside the UK (it doesn't matter if they also have a place of business in the UK)
the worker continues to be employed by the overseas employer
Once the period of 52 weeks finishes, you should begin deducting NICs from these employees in the normal way.
This may not apply to you so you could get advice from HMRC and perhaps Citizens advice. National Insurance also goes towards a pension and contribution based jobseekers allowance.

Your employer signed the WP1 application form agreeing that you would be employed on a class 1 national insurance basis, part of the work permit arrangements.

As far as getting ILR goes, you do need something from your employer to say you are still needed, and if UKBA asks for any more evidence, you are stuffed. How would you show that you are working in the UK? I have seen P60s with no tax paid for people from India, just in case your employer says that you do not get one if you pay no tax.

Maybe you should think about getting another employer (quickly though! before PBS), if the employer gets a visit, your permit could be revoked.

PP

republique
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Post by republique » Sat Jun 28, 2008 6:53 pm

Sushil-ACCA wrote:you are liable t to all NI AND Tax on all yr UK Earnings , u have broken UK tax laws

unless u get a clean chit from IR u AND COMPANY FOR WHICH U R WORKING r in big Mess forget about ILR
Can you use the full words and not abbreviations it is quite hard to follow what you are saying

republique
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Post by republique » Sat Jun 28, 2008 6:55 pm

PaperPusher wrote:
Maybe you should think about getting another employer (quickly though! before PBS), if the employer gets a visit, your permit could be revoked.

PP
Changing employers doesnt help the situation of possibly being illegal for 5 years.

nevadawipes
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Post by nevadawipes » Sun Jul 06, 2008 7:55 pm

you are clearly not able to aply for ILR as you have no proofs hat you have been w.orking. your all4.5 years of employement have been illegal

republique
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Post by republique » Sun Jul 06, 2008 8:40 pm

nevadawipes wrote:you are clearly not able to aply for ILR as you have no proofs hat you have been w.orking. your all4.5 years of employement have been illegal
thats not correct that his employment is illegal, if he has a visa, that isn't nothing. He has to sort out the p60's as he needs this for his application

try-one
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Location: London

Post by try-one » Mon Jul 07, 2008 7:39 am

He is not complying with the requirements set out by the UK immigration and the WP issued to the employer.
This is clearly manipulation of the system on the part of the employer and lack of knowledge in the part of the employee.

He can not apply for the ILR as he hasn't been working as per the WP conditions.

Having a sticker on your passport that says "entry clearance" (or a visa for that matter) is not a complete guarantee that you can do whatever you want, you must follow the conditions of the EC and you must comply with the law
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Life is a journey, not a destination (S. Tyler)

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