ILR via Tier-2 general route : Regarding UK payroll issue

[amitkapilkumar]

Hi All,

I have a query regarding my continuous stay of 5 years in UK and to get eligible for ILR.

My First entry date in UK was 1st November 2014.
From 1st November 2014 to 13th December 2014 I stay in UK on Tier-2 general visa, but my Payroll from India was not transferred to UK. I was staying in company accommodation and was paid in per diem. As per company rule they transfer the payroll only after 56 days.

during this time no Tax was deducted, on 14th December 2014 I went back to India and came back on 4th April 2015. from 4th April 2015 onwards my UK payroll was transferred and my tax was deducted. I left this company and joined another company on 8th Jan 2018.

I got this question, Will I be eligible in Oct 2019 for my ILR or I have to wait till March 2019 ?
because during 1st Nov 2014 to 13th Dec 2014 I was not on UK payroll. Will this impact my application ?
Though my first entry date in UK was 1st Nov 2014, but my Payroll started on 4th April 2015.

Please suggest and advice...

Regards
Amit

[zimba]

This is not an immigration matter only but also the tax laws. It is up to the UKVI to determine how to deal with this.
The UK laws demand any UK resident to pay taxes in the UK for all income earned. As you moved to the UK to work here permanently, you were expected to be on payroll here and pay taxes in the UK. I suggest to check your P60s from that time to see what was your starting date as that matter for tax purposes

[amitkapilkumar]

Thanks for your replay, I have all my P60 forms starting from 6th April 2015.

my only concern is during 1st November 2014 to to 13th December 2014, I was in UK but not on UK payroll. I was staying in hotel for this duration and was using company AMEX card for expenditure.
As per company rule they transfer the Payroll after 56 days.

Also, would it be OK if I file my ILR in April 2020, by then I will have P60 forms for continuous 5 years ?

[zimba]

You are not expected to be on payroll from day one or to have been on payroll for 5 years. Your COS determines your start date and from that date you are expected to be on payroll and taxes should be paid if on payroll. You also do NOT need to provide P60s for ILR.
My answer above was clear: It is up to the UKVI to determine how to deal with this.