Page 1 of 1

Permanent Residence : Dont have P60s etc Pls help

Posted: Mon Dec 21, 2015 10:20 pm
by Gisiane
Hi. I really appreciate if someone helps me.
I am an Italian Citizen living in UK since September 2006. ( 9 years so far )
As I am not very organised, I see that I need P60s to prove I was working and paying taxes so I can be elegible
to apply for my Permanent Residence but I dont have them. Also, from 20011 I have been jumping jobs, so I will have gaps on NICs. I did order the National Insurance record from HMRC and I see that if I put all 9 years toguether I will have 5 years of contribution
My question is :
Can I send this as a proof of NICs contribution ?
Does it need to be 5 consecutive years of contribution or can be a total of 5 years despite the gaps?

Once again, I appreciate if someone helps me.

Thank you

Re: Permanent Residence : Dont have P60s etc Pls help

Posted: Tue Dec 22, 2015 12:42 pm
by noajthan
Gisiane wrote:Hi. I really appreciate if someone helps me.
I am an Italian Citizen living in UK since September 2006. ( 9 years so far )
As I am not very organised, I see that I need P60s to prove I was working and paying taxes so I can be elegible
to apply for my Permanent Residence but I dont have them. Also, from 20011 I have been jumping jobs, so I will have gaps on NICs. I did order the National Insurance record from HMRC and I see that if I put all 9 years toguether I will have 5 years of contribution
My question is :
Can I send this as a proof of NICs contribution ?
Does it need to be 5 consecutive years of contribution or can be a total of 5 years despite the gaps?

Once again, I appreciate if someone helps me.

Thank you
You need to show you have been exercising treaty rights continuously for a 5 year period.

Gaps are not permitted.
Or rather, if there are gaps in employment you need to show you were exercising treaty rights as a qualified person in some other way, for example as a jobseeker, or self-employed or as a student.

Note If you had a gap due to sick leave from work or due to pregnancy then that is fine, you will still be considered as a worker for those times.

If you were self-sufficient (or a student) for some of the time you need to have held CSI (health insurance).

Note
Any absences from UK during the chosen 5-year period need to have been within prescribed limits too; (in order to maintain your continuity of residence in UK).

Have you contacted local tax office (if you have one) to see if you can get copies of your P60s?

Re: Permanent Residence : Dont have P60s etc Pls help

Posted: Wed Dec 23, 2015 11:08 pm
by rooibos
noajthan wrote: Have you contacted local tax office (if you have one) to see if you can get copies of your P60s?
There's no such a thing as a local tax office anymore.

My case is almost identical to the OP's. I too have lost many of my P45's. I am thinking of writing to HMRC PAYE office in Liverpool and ask for a statement of my employment but I fear it's mission impossible.

While they could just input my national insurance number on the system and print all my records, when it's to my own benefit the burden of proof is on me.

Re: Permanent Residence : Dont have P60s etc Pls help

Posted: Wed Dec 23, 2015 11:22 pm
by noajthan
rooibos wrote:
noajthan wrote: Have you contacted local tax office (if you have one) to see if you can get copies of your P60s?
There's no such a thing as a local tax office anymore.

My case is almost identical to the OP's. I too have lost many of my P45's. I am thinking of writing to HMRC PAYE office in Liverpool and ask for a statement of my employment but I fear it's mission impossible.

While they could just input my national insurance number on the system and print all my records, when it's to my own benefit the burden of proof is on me.
2 options then:
http://www.immigrationboards.com/indefi ... 58599.html

&/or
http://www.payrollservicescompany.co.uk ... ate-of-pay

Re: Permanent Residence : Dont have P60s etc Pls help

Posted: Sun Dec 27, 2015 10:33 pm
by rooibos
Thanks but I am not that convinced. A record of employment from the HMRC won't be an evidence that you have exercised treaty
rights. Correct me if I'm wrong but such letter won't prevent a zealous HO officer from thinking you might have had gaps in your employment.

Re: Permanent Residence : Dont have P60s etc Pls help

Posted: Sun Dec 27, 2015 11:24 pm
by Obie
rooibos wrote:Thanks but I am not that convinced. A record of employment from the HMRC won't be an evidence that you have exercised treaty
rights. Correct me if I'm wrong but such letter won't prevent a zealous HO officer from thinking you might have had gaps in your employment.
The are sometime very detailed , and I have used them in several appeals and application and it was accepted.

Remember the civil standard of proof is on a balance of probability, not the criminal standard of beyond reasonable doubts.

If they reject it, it will likely be struck out at the Tribunal.