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ILR ON 10 Year basis

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

abhisheks9
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Location: Aberdeen
India

Re: ILR LR refused because employer did not pay tax

Post by abhisheks9 » Sun May 08, 2016 8:08 am

Ahmed
Were you given fraudulent p60??? :shock: :shock:
Employer thought of going to this extent with effort to steal your tax money??
Never heard such thing. I always assumed p60/p45 to be 100% reliable?
Disclaimer: This post does not contain legal advice

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 » Sun May 08, 2016 8:16 am

abhisheks9 wrote:Ahmed
Were you given fraudulent p60??? :shock: :shock:
Employer thought of going to this extent with effort to steal your tax money??
Never heard such thing. I always assumed p60/p45 to be 100% reliable?
You appear to live a somewhat sheltered life...as Geriatrix has commented, it happens! But I admire your faith in honesty prevailing, even if slightly misconstrued.
(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.

abhisheks9
Member of Standing
Posts: 266
Joined: Fri May 11, 2012 9:16 am
Location: Aberdeen
India

Re: ILR LR refused because employer did not pay tax

Post by abhisheks9 » Sun May 08, 2016 8:34 am

Casa wrote:
abhisheks9 wrote:Ahmed
Were you given fraudulent p60??? :shock: :shock:
Employer thought of going to this extent with effort to steal your tax money??
Never heard such thing. I always assumed p60/p45 to be 100% reliable?
You appear to live a somewhat sheltered life...as Geriatrix has commented, it happens! But I admire your faith in honesty prevailing, even if slightly misconstrued.
I never understood these kind of belittling, rude comments especially by moderators?
Yes I am ignorant that's why you guys are here to help out by educating and raising awareness. I appreciate your help but I guess you feel good and ego-booster by making such unwanted comments about my ignorance?
This is my last post as I don't have any authority over you 'moderators' and you after all are perfect beings here. But thanks for all your help towards this forum.
Disclaimer: This post does not contain legal advice

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Casa
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Re: ILR LR refused because employer did not pay tax

Post by Casa » Sun May 08, 2016 8:58 am

This wasn't intended to be disrespectful and was clarified by my comment about admiring your faith in human nature. Perhaps we should all have more of this. However, as in Geriatrix's post the software to create f a k e payslips/P60s is readily available. Fortunately you haven't been a victim of this, but members should be made aware that it's probably more widespread than most of us imagine.
(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.

noajthan
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Location: UK

Re: ILR LR refused because employer did not pay tax

Post by noajthan » Sun May 08, 2016 9:05 am

abhisheks9 wrote:Ahmed
Were you given fraudulent p60??? :shock: :shock:
Employer thought of going to this extent with effort to steal your tax money??
Never heard such thing. I always assumed p60/p45 to be 100% reliable?
There are many examples to be found in the forum of dodgy employers who have evidently abused migrant employees in this way.

It's hard to say if it affects the UK working population at large (as they don't post here) or whether, for unknown reasons, it only significantly impacts foreign workers on work visas.

The nature and size of the businesses involved may be factors; as well as the demographics of workforce and employers.
Not sure. (There could be a Masters or a PhD in here somewhere).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

ahmed009
Newbie
Posts: 31
Joined: Thu Apr 28, 2016 11:36 pm

Re: ILR LR refused because employer did not pay tax

Post by ahmed009 » Sun May 08, 2016 10:04 am

Dear Abhisheks9 and borad member,
i understand you what you mean, yes i have been victim of this, but i wont leave it like that, i will take this to court to get the justice, because when your employee your proof is the payslips and p60, but i also understand that someone can produce the the payslips without informing to hmrc, but still its not your fault as an employee whether your employer paying your taxes or not, i checked with hmrc on my first extension the record shows the tax has been paid, then hmrc says on the employment history that i should keep the record from my employer i.e. payslips and p60, so i didnt check on 2nd extension, but now i am checking every year to make sure that they are paying the taxes and ni, also now i am working in accounts dept i now know how its work. your putting your effort and energy to live in this country i know its our choice to live here, but sometime i feel i have wasted my life sorting this issue, but hmrc people are very helpful they can understand your problem and they try to solve the issue with your co-operation which they are doing in my case.

Regards

argus7
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Wales

Re: ILR LR refused because employer did not pay tax

Post by argus7 » Sun May 08, 2016 10:10 am

the only way HMRC will help if the PAYE ref of that employer on the P60/P45 is genuine. As PAYE ref no. is a unique no per employer and is assigned by HMRC and validated.

If that is false on the F.A.K.E P60 then no will will help you and even in the court you will not be able to prove anything.

ahmed009
Newbie
Posts: 31
Joined: Thu Apr 28, 2016 11:36 pm

Re: ILR LR refused because employer did not pay tax

Post by ahmed009 » Sun May 08, 2016 10:21 am

yes your right sir, but bank account cannot be fake, bank will not open your account just like that, they go through with your business and your Id after verifying the details from hmrc and other all authorities then only they open the account, so its questions for all authorities how they are checking that someone is genuine or not, because someone can produce the payslips and p60 but not bank account, so court will accept this that your salary has been transferred from their business account, so your employer should be liable for this.
thanks

argus7
Senior Member
Posts: 577
Joined: Sat May 08, 2010 12:18 pm
Wales

Re: ILR LR refused because employer did not pay tax

Post by argus7 » Sun May 08, 2016 10:45 am

i have nothing more to say, HMRC data is most important in this case.

And dont forget employer Class 1 as well

geriatrix
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Location: does it matter?

Re: ILR LR refused because employer did not pay tax

Post by geriatrix » Sun May 08, 2016 10:48 am

The bank account statements only show "net" payments on which tax has been already paid - not "gross" payments!

Let's say your net payment per month is £1000, as shown in your bank statements.
For a year, that would be £12000.

It is highly likely that your employer has submitted (through PAYE to HMRC) £12000 as your gross salary and paid tax on £12000 only.
On the other hand, your employer has issued you with payslips showing £1000 as net salary (and £1000 + X as your gross salary). Likewise, the employer has issued you a P60 with £12000 + 12X as gross salary and £12000 as net salary.

Now, from HMRC's perspective, both the payslips and P60 are fraudulent. And that is where the problem lies!!

I agree that you may not be at fault but UKVI doesn't seem to be concerned with that because as far as they are concerned there is no telling whether you created your own payslips / P60 or your employer and in either case the documents are fraudulent as they do not match HMRC records.


ahmed009, your arguments may well be valid - but a caseworker may not be interested in hearing them! He may choose the (easier for him) option to refuse your application so that you may get the opportunity to present your arguments in a court to a judge!!
Life isn't fair, but you can be!

ahmed009
Newbie
Posts: 31
Joined: Thu Apr 28, 2016 11:36 pm

Re: ILR ON 10 Year basis

Post by ahmed009 » Sun May 08, 2016 11:06 am

dear senior member,
you employer giving you the p60 that means your the employee of that company employer wont give you the p60 if you are sub-contractor, so please understand the logic behind this, that when hmrc knows that the PAYE ref is genuine and if you are sub-contractor you wont have access to get this information unless you are employee. so my point is that if your employer is not trustful hmrc has to deal with that not me.

thank you for your reply,

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

Re: ILR ON 10 Year basis

Post by geriatrix » Sun May 08, 2016 11:08 am

I do hope that the caseworker agrees with your "logic" and approves your application.
All the best.
Life isn't fair, but you can be!

ahmed009
Newbie
Posts: 31
Joined: Thu Apr 28, 2016 11:36 pm

Re: ILR ON 10 Year basis

Post by ahmed009 » Sun May 08, 2016 11:16 am

Thank you sir,
that's why i have waited nearly 4 months as soon as i found this, so my hope is high with hmrc system, hope they will update my record on their system as i have the proof of employment,
and thank you very much for your patience to go through with individual cases.
really appreciate it.
have a good weekend.
Best Regards

argus7
Senior Member
Posts: 577
Joined: Sat May 08, 2010 12:18 pm
Wales

Re: ILR ON 10 Year basis

Post by argus7 » Sun May 08, 2016 11:54 am

ahmed009 wrote:dear senior member,
you employer giving you the p60 that means your the employee of that company employer wont give you the p60 if you are sub-contractor, so please understand the logic behind this, that when hmrc knows that the PAYE ref is genuine and if you are sub-contractor you wont have access to get this information unless you are employee. so my point is that if your employer is not trustful hmrc has to deal with that not me.

thank you for your reply,
Try explaining this to the case worker then! if you get a chance eh! They ill delay your application if they carry out further checks. Have HMRC confirmed that PAYE ref is genuine of the employer?

You say you are an accountant yourself.

ahmed009
Newbie
Posts: 31
Joined: Thu Apr 28, 2016 11:36 pm

Re: ILR ON 10 Year basis

Post by ahmed009 » Sun May 08, 2016 11:59 am

that's right they are confirmed about the company and PAYE,
thanks

argus7
Senior Member
Posts: 577
Joined: Sat May 08, 2010 12:18 pm
Wales

Re: ILR ON 10 Year basis

Post by argus7 » Sun May 08, 2016 12:00 pm

ahmed009 wrote:that's right they are confirmed about the company and PAYE,
thanks

OK. Then you have a good chance.

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: ILR ON 10 Year basis

Post by vinny » Sun May 15, 2016 11:26 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ahmed009
Newbie
Posts: 31
Joined: Thu Apr 28, 2016 11:36 pm

Re: ILR ON 10 Year basis

Post by ahmed009 » Mon May 16, 2016 1:54 pm

hello mate
yes my visa has approved last week Friday.

thanks guys

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