ILR Visa Application

[tom20162017]

Hi there

It would be great of you could help me with below question.

I came to UK in July 2010 on ICT, and applied for Tier 1 General in March 2011, and got the confirmation in June 2011. This include my salary from main job and part time job (worth 6k gross pay). I have the payslips for both the jobs.

i was preparing for my ILR application couple of months back, and realized the company gave me part time job is dissolved and they have not paid the PAYE tax mentioned in my payslip to HMRC. Following that i have contacted HMRC, gave them the payslips etc and they have updated the Gross salary, NI but the tax is mentioned as N/K.. Something like below in my revised SA 302

Tax Year Employer Gross Pay Tax NIC
2010/11 Name 6k N/K correct amount as per payslip

I have two questions now?

1) If the employer didnt pay the tax, will it impact my ILR application?
2) Can i apply for my ILR with above?
3) Is there anything further i can do to get the tax also updated for the above? Will HMRC accept my request to update the tax as well. i am confused as i cannot talk on behalf of my part time employer?

Kind Regards

[vinny]

I think that the employer was responsible for the PAYE taxes.

[tom20162017]

Does that mean I can go ahead with my ILR application and I shouldn't be worrying about the tax not paid by my employer?

[vinny]

Try to find/get confirmation of my belief.

[vinny]

Moreover, it seems that HMRC should have spotted any underpayments of PAYE by the employer.

[vinny]

The Income Tax (Pay As You Earn) Regulations 2003 (the “PAYE Regulations”) set out the responsibilities of employers to deduct and repay tax to their employees when making payments of earnings to those employees. The PAYE Regulations also contain detailed provisions as to the payment of tax so deducted to HMRC and the making of returns to HMRC as to the deductions and payments made. It is now mandatory for many of these returns to be made by an approved method of electronic communication. Employers are now required to make returns of tax deducted by an approved method of electronic communication in “real-time”, that is on before making the relevant payment.