Employment

[virgotash]

Hi Guys - I have filled my AN form and ready to submit but I received employment history from HMRC where one of my employer is not recorded on history. When I contacted HMRC they confirmed that they did not receive any thing from this employer (Pay & tax deductions). So I am worried should I include my that employer or skip it. I have only payslips on plain paper and bank statement where salary credited from the employer by showing for 4 months and subsequent 3 months as cheque payments. (This employment was during my student visa). While checked online companies seems dissolved in 2013.

Any advise much appreciated.

Thanks in advance.....

[argus7]

You need to resolve the TAX and missing employment issue before applying.

It may or may not raise a doubt while you were working as a student when your case would be dealt by an officer. Any info that is mislead or not disclosed will be treated as deception and you could face a 10 year ban.

Were you in breach during your student visa, and worked extra hours?

[virgotash]

Hi- How can i resolve issue as company no longer exist and tax and NI is solely responsibility of employer which in mine case no longer exist. While i was working as student this was within limits and during summer vacations.

So what I understood I should mention that employment on my application rest finger crossed...

Thanks

[argus7]

its not as easy as it sounds. You have to call HMRC and declare that amount and mention that as an omission from that employer.

There are Good Character checks carried out and its your sole responsibility to sort tax and NI affairs.

Rest is in your hands to apply or not.

[virgotash]

Hi Argus 7 - Thanks for prompt reply. While checking Good Character requirement though it say

The decision maker will not normally consider a person to be of good character if their financial affairs were not in appropriate order. For example, they have failed to pay taxes for which they were liable.

I know some time you have to suffer though its not your fault and need to be proactive. I just want to understand, how being an employee, its your responsibility to make sure taxes are paid. I was self employed as well and submitting documentary evidence that all taxes paid for which I was liable to pay and figure matches with all state departments without any amendments.

Is there anyone else has similar situation. please point me that post if any. any further ideas/thoughts...
Thanks in advance.............

[virgotash]

Ohhhhh though if you have information is good but some time its not... Anyway after a lot research on net I managed to find this for naturalization

HM REVENUE AND CUSTOMS
1. Who needs to provide tax details and why?
1.1 Checks with HM Revenue and Customs (HMRC) may need to be carried out for naturalisation applicants who are:
• persons of independent means (POIMS); or
• sole representatives; or
• self-employed; or
• in business as sole traders; or
• in business as partners/directors in a company
in order to confirm that any tax liabilities have been met. It is a legal requirement that applicants applying for naturalisation as a British citizen should be of “good character” and this includes demonstrating compliance with tax obligations.

A few applicants claim not to be domiciled in the United Kingdom for tax purposes and, if they prove this to the HMRC, are only liable to pay tax on any income brought into this country. If persons bring pure capital into the United Kingdom to live on, they are not liable to UK tax. However, as soon as they begin earning income from such capital (e.g. interest), they become liable to tax here. There have been occasions when applicants have been telling the Home Office one version of their affairs and the HMRC another, either to gain indefinite leave to remain or to minimise their tax liability.

As per my understanding UKVI is more interested in self employment tax liability rather PAYE tax and NI but still considering Argus 7 reservations.

Any thoughts....... thanks in advance and good night......

[argus7]

The case officer is not concerned about PAYE NI or self employed cases.

All tax obligations should have been met. That is clearly explained in the AN booklet and guidance.

[virgotash]

Thanks and appreciate your view. This morning I called nationality service and they told me that I should have P45 or P60 if both don't then must have a letter from employer. This gonna be a huge issue with out such documents.

However when I explained about my case then he told me that this is for last 5 years. You must have all documentation and things inline for last 5 years and you can mention earlier things as well but less important. I guess it solely depends upon case worker.

I think other people have nothing to say.

Thanks to all...........................

[argus7]

well to my knowledge the HO will check with HMRC and get your details.

And its by law that if your income is not fully taxed even if its on PAYe its your responsibility to update HMRC.
Its even mentioned on a p60!

So the risk is yours to take. HMRC will happily investigate and clear you out if the income was/is genuine.