ILR Refused

annoyed · Post by **annoyed** » Sun Feb 03, 2013 7:58 am

I have received a letter that my ILR has been refused on the following grounds:

1. You claimed 5 year's continuous work from 2007, but HMRC has no employment history before 2010 for you and you did not commence work in 2007 and breached immigration law.
2. You produced false documentation (P60s) to obtain ILR by deception.

I am shattered with these statements. Because I did start work in 2007 and I did produce the P60s given to me by my employer which they received from HMRC.

I am going to appeal against this to prove that I am not at fault and my employer is going to give evidence.

But please can senior members/moderators comment on what could be wrong with my HMRC employment history and what my options are?

Many thanks in advance.

wpilr_nov12 · Post by **wpilr_nov12** » Sun Feb 03, 2013 8:13 am

P60 is issued by your employer, not HMRC. Your employer should know whether the figures on your P60 are also with HMRC. To confirm this you need to ask HMRC for your employment history.

Bildor · Post by **Bildor** » Sun Feb 03, 2013 8:14 am

I think u need to provide more information so people have a better picture.
For example: timeline of type of visas you have held as well as employment history.
You might also want to call HMRC to have them send your employment history to you. Hopefully from that letter u would be able to see where the problem is.

Goodluck

annoyed · Post by **annoyed** » Sun Feb 03, 2013 8:41 am

Timeline

History:
http://www.immigrationboards.com/viewto ... &start=860

Letter received: 30/01/2013

Gagan1986 · Post by **Gagan1986** » Sun Feb 03, 2013 9:28 am

Do you personally think there could anything that could lead to what HO office is saying? Have you been getting P60's & payslips from employer on your regular basis throughout the 5 year period with the correct NI number and written on that?

gaboon_viper · Post by **gaboon_viper** » Sun Feb 03, 2013 10:04 am

Gagan1986 wrote:Do you personally think there could anything that could lead to what HO office is saying? Have you been getting P60's & payslips from employer on your regular basis throughout the 5 year period with the correct NI number and written on that?

valid point, in normal cases like you, they don't go for further verification, do normally in Self employed

Kevin24 · Post by **Kevin24** » Sun Feb 03, 2013 1:13 pm

wpilr_nov12 wrote:P60 is issued by your employer, not HMRC. Your employer should know whether the figures on your P60 are also with HMRC. To confirm this you need to ask HMRC for your employment history.

It's true to back your P60s,you must get the Employment History from HMRC. My friends have got this document( 1 page)..I think it takes 2 weeks for them to send it to you. Then you can check Year by Year with your P60s. HMRC will send , all what they have in their records. I hope it is for the last 5 years.

I Trust you have not broken any Immigration Rules. Then they will not let you appeal against their decision.

Kevin24 · Post by **Kevin24** » Sun Feb 03, 2013 1:20 pm

This is very serious for them refusing your ILR. My suggestion is to call for the Employment History and respond to their letter through a Immigration Solicitor.,with supporting documentation.

uksettlement · Post by **uksettlement** » Sun Feb 03, 2013 1:24 pm

annoyed wrote:I have received a letter that my ILR has been refused on the following grounds:

1. You claimed 5 year's continuous work from 2007, but HMRC has no employment history before 2010 for you and you did not commence work in 2007 and breached immigration law.
2. You produced false documentation (P60s) to obtain ILR by deception.

I am shattered with these statements. Because I did start work in 2007 and I did produce the P60s given to me by my employer which they received from HMRC.

I am going to appeal against this to prove that I am not at fault and my employer is going to give evidence.

But please can senior members/moderators comment on what could be wrong with my HMRC employment history and what my options are?

Many thanks in advance.

This seems to be a case of employer doing tax fraud and producing false docs to its employees. It feels u are just a scape goat here.

mulderpf · Post by **mulderpf** » Sun Feb 03, 2013 1:33 pm

annoyed wrote:I have received a letter that my ILR has been refused on the following grounds:

1. You claimed 5 year's continuous work from 2007, but HMRC has no employment history before 2010 for you and you did not commence work in 2007 and breached immigration law.
2. You produced false documentation (P60s) to obtain ILR by deception.

I am shattered with these statements. Because I did start work in 2007 and I did produce the P60s given to me by my employer which they received from HMRC.

I am going to appeal against this to prove that I am not at fault and my employer is going to give evidence.

But please can senior members/moderators comment on what could be wrong with my HMRC employment history and what my options are?

Many thanks in advance.

Contact HMRC first and get to the bottom of it. Is there anything that would lead you to believe that your employer may not have paid the necessary tax on your behalf etc? Did you immediately apply for an NI number when you got to the UK or did you wait?

Kevin24 · Post by **Kevin24** » Sun Feb 03, 2013 2:05 pm

Kevin24 wrote:This is very serious for them refusing your ILR. My suggestion is to call for the Employment History and respond to their letter through a Immigration Solicitor.,with supporting documentation.

One more thing I wyou can do is. Take your Last Pay slip from each Tax Year you have been in Employment. E.g 31/03/2007,31/03/2008 etc. Check the relevant Figures on that with with the P60s you have. Then check the P60 figures with your Empoloyment History. You could request HMRC to fax same to you immediately.

annoyed · Post by **annoyed** » Thu Feb 28, 2013 1:10 pm

Any more suggestions??

AllegianceonlytoCurrency · Post by **AllegianceonlytoCurrency** » Thu Feb 28, 2013 1:32 pm

annoyed wrote:Any more suggestions??

1st, See my below thread and take comfort in knowing that the UK Border Agency is renown for errors and compensation.

http://www.immigrationboards.com/viewtopic.php?t=127569

Then, please file your complaint with the Parliamentary Ombudsman

http://www.ombudsman.org.uk/make-a-comp ... o-complain

Finally, report your outcome to us for future reference.

Thanks

cs95tdg · Post by **cs95tdg** » Thu Feb 28, 2013 1:59 pm

mulderpf wrote:Contact HMRC first and get to the bottom of it. Is there anything that would lead you to believe that your employer may not have paid the necessary tax on your behalf etc? Did you immediately apply for an NI number when you got to the UK or did you wait?

I'd suggest the same as above. But it would help if you answered the questions that have been raised above.

Do also have a look through your P60's, payslips to verify whether your NI number is reflected correctly/consistently throughout the entire 5 year period. Also make a request for your Employment History from HMRC to use as a means of self-verification.

wpilr_nov12 · Post by **wpilr_nov12** » Thu Feb 28, 2013 2:43 pm

annoyed wrote:Any more suggestions??

Its been almost a month, and you are still looking for suggestions? Have you followed previous advice?

Kevin24 · Post by **Kevin24** » Thu Feb 28, 2013 6:52 pm

Kevin24 wrote:This is very serious for them refusing your ILR. My suggestion is to call for the Employment History and respond to their letter through a Immigration Solicitor.,with supporting documentation.

4 weeks ago I advised you. What have you been doing until now?

cs95tdg · Post by **cs95tdg** » Thu Feb 28, 2013 7:22 pm

Interesting... I didn't notice the date of the original post. As everyone is pointing out, a month has passed by. OP, have you already done what was suggested? Or is there something specific you want to find out?

annoyed · Post by **annoyed** » Fri Mar 01, 2013 1:26 pm

Apologies. I have lodged an appeal via my solicitor to start with (waiting for a date).

I am gathering bank statements for last 5 years and planning to do a reconciliation myself with pay slips and P60s. And then put together a document explaining the facts as to how these all corroborate with my application.

My employer are happy to give evidence in the FTT that I was employed for all 5 years and they issued the P60s (and I have not deceived UKBA in any way). They are happy to settle any HMRC dues etc. (but they are sure there aren't any).

Employment history requested from HMRC.

Please suggest what the chances are that I get ILR based on the above.

Muscovite · Post by **Muscovite** » Fri Mar 01, 2013 4:14 pm

Sorry, I have got nothing to contribute to the essence of the issue however I am intrigued by how to treat situations like this.

What I mean is: as someone said here you can NOT appeal the decision (for whatever reason but that's their law). So how exactly can anyone be protected from slippages and potentials errors of UKBA? Let's assume for a second that imagine a caseworker is in the bad mood today and he/she rejects your application on the basis of some out of the blue statements like this: "Your employment history doesn't have period from 2007 to 2010" although the doc itself contains these records. But what can you do? He/she says "No. it's rejected". And you can NOT appeal the decision. How absurd is that? Can anyone provide any reasonable explanations on why such a rigid system is in place 'cause maybe I have missed logic somewhere?

cs95tdg · Post by **cs95tdg** » Fri Mar 01, 2013 7:40 pm

Muscovite wrote:What I mean is: as someone said here you can NOT appeal the decision (for whatever reason but that's their law). So how exactly can anyone be protected from slippages and potentials errors of UKBA? Let's assume for a second that imagine a caseworker is in the bad mood today and he/she rejects your application on the basis of some out of the blue statements like this: "Your employment history doesn't have period from 2007 to 2010" although the doc itself contains these records. But what can you do? He/she says "No. it's rejected". And you can NOT appeal the decision. How absurd is that? Can anyone provide any reasonable explanations on why such a rigid system is in place 'cause maybe I have missed logic somewhere?

If you have no right of appeal, and you feel you have a strong case, you could request a Judicial Review. The information under the following link may be useful: http://www.ukba.homeoffice.gov.uk/polic ... 6/#header1

samisha · Post by **samisha** » Fri Mar 01, 2013 9:43 pm

would you be kind enough to tell us on what visa were u on...was it HSMP tier 1 (gen) or work permit.

Thanks

ilrapplicant2013 · Post by **ilrapplicant2013** » Sat Mar 02, 2013 11:04 pm

Muscovite wrote:Sorry, I have got nothing to contribute to the essence of the issue however I am intrigued by how to treat situations like this.

What I mean is: as someone said here you can NOT appeal the decision (for whatever reason but that's their law). So how exactly can anyone be protected from slippages and potentials errors of UKBA? Let's assume for a second that imagine a caseworker is in the bad mood today and he/she rejects your application on the basis of some out of the blue statements like this: "Your employment history doesn't have period from 2007 to 2010" although the doc itself contains these records. But what can you do? He/she says "No. it's rejected". And you can NOT appeal the decision. How absurd is that? Can anyone provide any reasonable explanations on why such a rigid system is in place 'cause maybe I have missed logic somewhere?

No, my understanding is that you can appeal.
Kevin24 has mentioned that , in case of any immigration law breaches he can not appeal,
Not you can not appeal at all.

annoyed · Post by **annoyed** » Mon Mar 04, 2013 6:13 am

samisha wrote:would you be kind enough to tell us on what visa were u on...was it HSMP tier 1 (gen) or work permit.

Thanks

Work permit.

annoyed · Post by **annoyed** » Tue Mar 05, 2013 10:03 am

I have been kind enough to provide my visa category @ Samisha

applyforILR · Post by **applyforILR** » Tue Mar 05, 2013 10:43 pm

sorry to know about the unrequired refusal..
and thanks for posting this issue here... you might have saved a lot of others from this pain..

Hope things sort out favorably for you.. keep us posted..

also, can you or someone tell me how to contact HMRC to get such letter to confirm about the employer? Please provide the email id or any link I could check on..[/quote]

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