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Home Office checks on income on ILR 10 year base
Posted: Wed May 13, 2015 12:40 pm
by A.Khan
Hi !
I am soon going to apply for ILR on 10 year base. My question is
1:Does HO checks your previous employment record .
2:I am on tier 1 general visa which was extended in 2013.I applied on the employment base and showed them all payslips and p60 for that employment. Last week I checked my employment record from HMRC.And they have no record of that employment nor employer paid any tax.I recieved all payslips with tax deducted.Would this affect negatively on my ILR 10 year application.
I need urgent suggestion.
A.Khan
Re: Home Office checks on income on ILR 10 year base
Posted: Wed May 13, 2015 3:40 pm
by cs95tdg
They will definitely check your HMRC employment history for your 10 year residence period as you are applying under the long residence route.
When you say HMRC have no record of your employment, do you mean just over a number of years? Or do you mean, they have no record of you ever earning any income & therefore no tax payments? How long have you been working in the UK? And were you employed or self-employed during that period?
Note that this is definitely something that you would need to address before you apply. There have been several cases on this forum, with refusals due to discrepancies in their tax payments & employment history.
Re: Home Office checks on income on ILR 10 year base
Posted: Wed May 13, 2015 4:31 pm
by A.Khan
cs95tdg wrote:They will definitely check your HMRC employment history for your 10 year residence period as you are applying under the long residence route.
When you say HMRC have no record of your employment, do you mean just over a number of years? Or do you mean, they have no record of you ever earning any income & therefore no tax payments? How long have you been working in the UK? And were you employed or self-employed during that period?
Note that this is definitely something that you would need to address before you apply. There have been several cases on this forum, with refusals due to discrepancies in their tax payments & employment history.
HMRC have every employment record but they dont have the record for my employer whom I got P60 ,payslips when I applied for the extension of Tier 1 general visa.That time that company was in business but now they are dissolved. I paid every tax and NI according my tax code with my salary.But that employer didnt show this to HMRC. kINDLY SUGGEST ME WHAT TO DO ?
Re: Home Office checks on income on ILR 10 year base
Posted: Wed May 13, 2015 4:41 pm
by KASHIF830
A.Khan wrote:cs95tdg wrote:They will definitely check your HMRC employment history for your 10 year residence period as you are applying under the long residence route.
When you say HMRC have no record of your employment, do you mean just over a number of years? Or do you mean, they have no record of you ever earning any income & therefore no tax payments? How long have you been working in the UK? And were you employed or self-employed during that period?
Note that this is definitely something that you would need to address before you apply. There have been several cases on this forum, with refusals due to discrepancies in their tax payments & employment history.
HMRC have every employment record but they dont have the record for my employer whom I got P60 ,payslips when I applied for the extension of Tier 1 general visa.That time that company was in business but now they are dissolved. I paid every tax and NI according my tax code with my salary.But that employer didnt show this to HMRC. kINDLY SUGGEST ME WHAT TO DO ?
Hi Akbar
When you have P60 for that year so why HMRC doesn't have that year record because P60 is issued after 5th April every year and issued by HMRC itself If I am not wrong.
And how much income you showed from that employment to HO at the time of Tier1 General extension and it was the only income you got points of earnings or was 2 incomes.
Thanks
Regards
Kashif
Re: Home Office checks on income on ILR 10 year base
Posted: Wed May 13, 2015 6:08 pm
by argus7
Another case of missing employment history.
Does HMRC have a record of total taxable income matching from that employer(s)? If yes then this is a simple issue that can be fixed.
Thanks,
Re: Home Office checks on income on ILR 10 year base
Posted: Wed May 13, 2015 6:11 pm
by argus7
KASHIF830 wrote:A.Khan wrote:cs95tdg wrote:They will definitely check your HMRC employment history for your 10 year residence period as you are applying under the long residence route.
When you say HMRC have no record of your employment, do you mean just over a number of years? Or do you mean, they have no record of you ever earning any income & therefore no tax payments? How long have you been working in the UK? And were you employed or self-employed during that period?
Note that this is definitely something that you would need to address before you apply. There have been several cases on this forum, with refusals due to discrepancies in their tax payments & employment history.
HMRC have every employment record but they dont have the record for my employer whom I got P60 ,payslips when I applied for the extension of Tier 1 general visa.That time that company was in business but now they are dissolved. I paid every tax and NI according my tax code with my salary.But that employer didnt show this to HMRC. kINDLY SUGGEST ME WHAT TO DO ?
Wrong, P60 is never issued by HMRC. It is issued by employer and that figures on the P60 are sent to HMRC every year, using a P9 or P35 form . I cannot provide more details here as its a sensitive procedure not known to any employee.
Hi Akbar
When you have P60 for that year so why HMRC doesn't have that year record because P60 is issued after 5th April every year and issued by HMRC itself If I am not wrong.
And how much income you showed from that employment to HO at the time of Tier1 General extension and it was the only income you got points of earnings or was 2 incomes.
Thanks
Regards
Kashif
Re: Home Office checks on income on ILR 10 year base
Posted: Thu May 14, 2015 2:22 pm
by mnaeem126
cs95tdg wrote:They will definitely check your HMRC employment history for your 10 year residence period as you are applying under the long residence route.
When you say HMRC have no record of your employment, do you mean just over a number of years? Or do you mean, they have no record of you ever earning any income & therefore no tax payments? How long have you been working in the UK? And were you employed or self-employed during that period?
Note that this is definitely something that you would need to address before you apply. There have been several cases on this forum, with refusals due to discrepancies in their tax payments & employment history.
Dear cs95tdg, What I have seen that there is no one rejected for ILR (LR) even if he has not paid any tax on the initial or extension applications. I know some of the people who have got ILR (LR) in Dec 2014 who have not paid any tax on £50000 earning claimed at initial time and extension time. I think HO only sees the residence and criminal record for them.
Re: Home Office checks on income on ILR 10 year base
Posted: Thu May 14, 2015 2:43 pm
by honey2008
cs95tdg is right as I extract the lines from immigration policy documents
================================================================
In making this assessment, the caseworker must assess on the balance of
probabilities and may take into account the following factors:
the evidence the applicant has submitted;
whether the money appears to have been earned through genuine
employment, rather than being borrowed, gifted, or otherwise shown in the
applicant’s financial transactions or records without being earned; (iii) whether
the business from which the earnings are claimed can be shown to exist and
be lawfully and genuinely trading;
verification of previous earnings claims with declarations made in respect of
the applicant to other Government Departments, including declarations made
in respect of earnings claimed by the applicant in previous applications;
the applicant's previous educational and business experience (or lack thereof)
in relation to the claimed business activity;
the applicant's immigration history and previous activity in the UK;
where the nature of the applicant’s employment or business requires him to
have mandatory accreditation, registration or insurance, whether that
accreditation, registration or insurance has been obtained;
any payments made by the applicant to other parties; and
any other relevant information.
====================================================================
Let's suppose that there may be 99% people getting away with not paying right tax BUT the question here is that "Do you want to be part of rest of 1%" because I feel if your application is turned down than you don't have sufficient time to post in this forum.
Regards
Honey
Re: Home Office checks on income on ILR 10 year base
Posted: Thu May 14, 2015 3:38 pm
by KASHIF830
mnaeem126 wrote:cs95tdg wrote:They will definitely check your HMRC employment history for your 10 year residence period as you are applying under the long residence route.
When you say HMRC have no record of your employment, do you mean just over a number of years? Or do you mean, they have no record of you ever earning any income & therefore no tax payments? How long have you been working in the UK? And were you employed or self-employed during that period?
Note that this is definitely something that you would need to address before you apply. There have been several cases on this forum, with refusals due to discrepancies in their tax payments & employment history.
Dear cs95tdg, What I have seen that there is no one rejected for ILR (LR) even if he has not paid any tax on the initial or extension applications. I know some of the people who have got ILR (LR) in Dec 2014 who have not paid any tax on £50000 earning claimed at initial time and extension time. I think HO only sees the residence and criminal record for them.
Yes my friend
You are right I also know some of them he even got ILR 10 years in April 2015 and the earnings were even £5000 more the amount you told.
There is an example in the UK " If you steal even elephant behind them They don't bother but in front of them You can not even take a bee"
Thanks
Regards
Kashif
Re: Home Office checks on income on ILR 10 year base
Posted: Thu May 14, 2015 4:09 pm
by argus7
ILR LR or on any route taxes must be paid and HO will def check,
Re: Home Office checks on income on ILR 10 year base
Posted: Thu May 14, 2015 5:11 pm
by cs95tdg
mnaeem126 wrote:Dear cs95tdg, What I have seen that there is no one rejected for ILR (LR) even if he has not paid any tax on the initial or extension applications. I know some of the people who have got ILR (LR) in Dec 2014 who have not paid any tax on £50000 earning claimed at initial time and extension time. I think HO only sees the residence and criminal record for them.
@mnaeem126, I cant really say whether there have been long residence application rejections due to non or under-payment of taxes. My comment was really a general one based on what's stated in HO guidance irrespective of the route you apply under.
Additionally just because there are no cases reported on this forum, wouldn't necessarily mean that there haven't been any such cases. I can only comment on or suggest what I believe to be correct and not on how one or more applicants may have got away with tax evasion and how it was that they were granted ILR. You will need to decide for yourself whether it's worth the risk.
Re: Home Office checks on income on ILR 10 year base
Posted: Fri May 15, 2015 12:11 pm
by aliq09
1:Does HO checks your previous employment record ( As per new rules , they will go as deep as possible so please make sure you are prepared )
2:I am on tier 1 general visa which was extended in 2013.I applied on the employment base and showed them all payslips and p60 for that employment. Last week I checked my employment record from HMRC.And they have no record of that employment nor employer paid any tax.I recieved all payslips with tax deducted.Would this affect negatively on my ILR 10 year application. ( Big point to make your application refuse , please make sure you have sorted issues from HMRC end . As per my opinion , CW is checking what is coming from HMRC )
Kindly sort out every thing you go to them with all the proofs relating to tax authority , tax submission , payslips , accounts etc
Re: Home Office checks on income on ILR 10 year base
Posted: Wed Oct 07, 2015 12:48 pm
by hayya786
Dear CS, After reading all this I requested for my SA 302, and i found that my all taxes are upto date just one tax is missing which was from my employer in 2010. I found that there is no such record of my employment in Inland Revenue of my employment, i worked with a ltd company as an employee but they did not file my return or registered me on Paye on Inland Revenue Register plus they have been liquidated in 2011. But i have my pay slips and it clearly states the tax deduction on them plus i have got p60 from them and the money came from there company account it shows/reflect in my bank statement from their company account, am so confused and scared what should i do please any help guys let me know? What I can do about it?
Re: Home Office checks on income on ILR 10 year base
Posted: Wed Oct 07, 2015 9:29 pm
by hayya786
and if anyone could tell me how to sort this out the company has been liquidated and if i contact them (I dnt knw whether i can) but in case if i contact them and ask them will that help can it be sorted? or any alternative what can be done please , your help is greatly appreciated... Thanks
Re: Home Office checks on income on ILR 10 year base
Posted: Sun Oct 11, 2015 11:48 am
by quantum1
The problem is this: From anyone else's perspective it looks like fake employment to get a visa. You have to prove that this was not the case. Payslips help but these can be faked. Your bank statements + documentation from employment. I would also suggest you get in touch with the directors of the company. While the company can be dissolved, people can not. With linkedin and company house, it's very easy to do. Legal action against said persons will help your case.
Re: Home Office checks on income on ILR 10 year base
Posted: Tue Oct 13, 2015 12:21 pm
by hayya786
Yes I got your point but how can i pay myself from their company account? which means its a problem on their side? isnt it
Re: Home Office checks on income on ILR 10 year base
Posted: Wed Jan 20, 2016 11:34 pm
by peace26
@hayya786
can you please update whether you managed to track down your previous employer ? i have a similar problem where HMRC history doesn't show 1 employment and they have dissolved since then.
i understand the other comments that the onus is on us to prove the employment was genuine but if the employer doesnt pay the tax how can that be blamed on the employee
anyways am interested in what can be done to resolve this issue
thanks in advance