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Tier 2 to ILR Refused. Please help

Posted: Fri Aug 03, 2018 4:09 pm
by nuwansamar80
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

Re: Tier 2 to ILR Refused. Please help

Posted: Fri Aug 03, 2018 5:26 pm
by CR001
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??

Re: Tier 2 to ILR Refused. Please help

Posted: Fri Aug 03, 2018 5:57 pm
by Akorotaeva
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.

Re: Tier 2 to ILR Refused. Please help

Posted: Fri Aug 03, 2018 7:02 pm
by nuwansamar80
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.

Re: Tier 2 to ILR Refused. Please help

Posted: Fri Aug 03, 2018 7:03 pm
by nuwansamar80
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.

Re: Tier 2 to ILR Refused. Please help

Posted: Fri Aug 03, 2018 7:46 pm
by Akorotaeva
So you said you were earning X amount but your employer is paying you 10k less? Why are you being paid less?

Re: Tier 2 to ILR Refused. Please help

Posted: Sat Aug 04, 2018 2:14 pm
by nuwansamar80
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.

Re: Tier 2 to ILR Refused. Please help

Posted: Sat Aug 04, 2018 9:06 pm
by Djsuccess
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.

Re: Tier 2 to ILR Refused. Please help

Posted: Sat Aug 04, 2018 11:40 pm
by GMO
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?

Re: Tier 2 to ILR Refused. Please help

Posted: Sun Aug 05, 2018 6:19 am
by Djsuccess
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?

Re: Tier 2 to ILR Refused. Please help

Posted: Tue Aug 07, 2018 4:57 pm
by marisajason
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?

Re: Tier 2 to ILR Refused. Please help

Posted: Tue Aug 07, 2018 5:14 pm
by marisajason
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

Re: Tier 2 to ILR Refused. Please help

Posted: Tue Aug 07, 2018 5:33 pm
by Casa
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:

Re: Tier 2 to ILR Refused. Please help

Posted: Wed Aug 08, 2018 10:30 am
by nuwansamar80
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.

Re: Tier 2 to ILR Refused. Please help

Posted: Wed Aug 08, 2018 10:39 am
by nuwansamar80
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.

Re: Tier 2 to ILR Refused. Please help

Posted: Wed Aug 08, 2018 10:39 am
by Akorotaeva
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.

Re: Tier 2 to ILR Refused. Please help

Posted: Wed Aug 08, 2018 9:40 pm
by GMO
exactly! what about your current income? is there any issue with that?

Re: Tier 2 to ILR Refused. Please help

Posted: Thu Aug 09, 2018 6:26 am
by Djsuccess
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.

Re: Tier 2 to ILR Refused. Please help

Posted: Thu Aug 09, 2018 3:09 pm
by nuwansamar80
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.

Re: Tier 2 to ILR Refused. Please help

Posted: Thu Aug 09, 2018 3:27 pm
by GMO
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?