Tier 2 to ILR Refused. Please help

[nuwansamar80]

Dear Board Members

Route: Tier 2 (5 Years) -> ILR
PSC: Croydon
Appointment Date: 03/08/2018

Here is my Immigration history. No refusals before.
Came as Student in 2009
Applied PSW in 2011 and got 2 years visa.
Applied Tier 2 in 2013 and got Visa for 3 years
1st Employment: June 2013 - February 2015 (Taxes not paid for couple of months, roughly 4 - 5 months)
2nd Employment: May 2015 - December 2016 (Taxes paid for all months)
3rd Employment: July 2017 - Till Date (Taxes paid for all months)

General grounds of refusal: "Your application for indefinite leave to remain in the United Kingdom has been refused under immigration rule 322(1A), 322(2), 322(5). There is difference between income stated on the application versus income reported to HMRC, and tax not paid in previous employments."

Actually my previous employer not paid taxes for couple of months and not paid me and payslips not generated. My question is
1. Is the refusal is correct?

2. Can I appeal against the refusal?

3. I'm on PAYE. Is that my problem for not paying taxes?

Please advice me how to apply for appeal?

Thank you
Nuwan

[CR001]

You don't have any appeal rights as a PBS applicant.

Why weren't you paid or your traxes paid by employer??

What difference in income is the refusals referring to?? What is your actual income??

[Akorotaeva]

Was there a difference because of salary sacrifices, other non-taxable components of your salary?

These are permitted.

More details are needed about the discrepancy.

[nuwansamar80]

You don't have any appeal rights as a PBS applicant.

Why weren't you paid or your traxes paid by employer??

What difference in income is the refusals referring to?? What is your actual income??

Hi CR001,

Because my employer's business was not good and facing losses.

Actual income was 24K. He was supposed to pay me 10K which is not paid. and taxes about 2K which was not paid.

[nuwansamar80]

Was there a difference because of salary sacrifices, other non-taxable components of your salary?

These are permitted.

More details are needed about the discrepancy.

No non-taxable components in my salary.

[Akorotaeva]

So you said you were earning X amount but your employer is paying you 10k less? Why are you being paid less?

[nuwansamar80]

So you said you were earning X amount but your employer is paying you 10k less? Why are you being paid less?

I've not been paid for 5 months. No Payslips generated, no taxes paid to HMRC.

[Djsuccess]

So you said you were earning X amount but your employer is paying you 10k less? Why are you being paid less?

I've not been paid for 5 months. No Payslips generated, no taxes paid to HMRC.

Was your first employer an umbrella company? You cannot work for a company for 5 months and not get paid in this country without raising a serious legal issue. Or did you report the company?

Did you make any attempt to pay the taxes?
Not sure you have any ground to dispute the decision. The irregularity is too obvious for UKVI to overlook.

[GMO]

Dear Board Members

Route: Tier 2 (5 Years) -> ILR
PSC: Croydon
Appointment Date: 03/08/2018

Here is my Immigration history. No refusals before.
Came as Student in 2009
Applied PSW in 2011 and got 2 years visa.
Applied Tier 2 in 2013 and got Visa for 3 years
1st Employment: June 2013 - February 2015 (Taxes not paid for couple of months, roughly 4 - 5 months)
2nd Employment: May 2015 - December 2016 (Taxes paid for all months)
3rd Employment: July 2017 - Till Date (Taxes paid for all months)

General grounds of refusal: "Your application for indefinite leave to remain in the United Kingdom has been refused under immigration rule 322(1A), 322(2), 322(5). There is difference between income stated on the application versus income reported to HMRC, and tax not paid in previous employments."

Actually my previous employer not paid taxes for couple of months and not paid me and payslips not generated. My question is
1. Is the refusal is correct?

2. Can I appeal against the refusal?

3. I'm on PAYE. Is that my problem for not paying taxes?

Please advice me how to apply for appeal?

Thank you
Nuwan

Thats really very unfortunate! butI belive you are near to 10 years to apply again in another route...no worry. Can you please what docs you submitted during your ILR application...did u submit all p60 as well?

[Djsuccess]

Dear Board Members

Route: Tier 2 (5 Years) -> ILR
PSC: Croydon
Appointment Date: 03/08/2018

Here is my Immigration history. No refusals before.
Came as Student in 2009
Applied PSW in 2011 and got 2 years visa.
Applied Tier 2 in 2013 and got Visa for 3 years
1st Employment: June 2013 - February 2015 (Taxes not paid for couple of months, roughly 4 - 5 months)
2nd Employment: May 2015 - December 2016 (Taxes paid for all months)
3rd Employment: July 2017 - Till Date (Taxes paid for all months)

General grounds of refusal: "Your application for indefinite leave to remain in the United Kingdom has been refused under immigration rule 322(1A), 322(2), 322(5). There is difference between income stated on the application versus income reported to HMRC, and tax not paid in previous employments."

Actually my previous employer not paid taxes for couple of months and not paid me and payslips not generated. My question is
1. Is the refusal is correct?

2. Can I appeal against the refusal?

3. I'm on PAYE. Is that my problem for not paying taxes?

Please advice me how to apply for appeal?

Thank you
Nuwan

Thats really very unfortunate! butI belive you are near to 10 years to apply again in another route...no worry. Can you please what docs you submitted during your ILR application...did u submit all p60 as well?

When is the OP's current visa expiring?
Will applying via 10 years LR make the tax issue disappear?

[marisajason]

1st Employment: June 2013 - February 2015 (Taxes not paid for couple of months, roughly 4 - 5 months)

were the payslips not generated at all or where they generated and sent to HMRC but just with lower non-qualifying amount?

[marisajason]

Also how did they found out about the difference in salary?
You applyed in person, surely they did not contact HMRC. Did you provide them with P60 for those years?
does not seem very clear

[Casa]

Also how did they found out about the difference in salary?
You applyed in person, surely they did not contact HMRC. Did you provide them with P60 for those years?
does not seem very clear

Don't be under an illusion that PSC Case Workers won't cross-check with HMRC during the appointment. With system sharing, all the information is simply a click away.

[nuwansamar80]

Dear Board Members

Route: Tier 2 (5 Years) -> ILR
PSC: Croydon
Appointment Date: 03/08/2018

Here is my Immigration history. No refusals before.
Came as Student in 2009
Applied PSW in 2011 and got 2 years visa.
Applied Tier 2 in 2013 and got Visa for 3 years
1st Employment: June 2013 - February 2015 (Taxes not paid for couple of months, roughly 4 - 5 months)
2nd Employment: May 2015 - December 2016 (Taxes paid for all months)
3rd Employment: July 2017 - Till Date (Taxes paid for all months)

General grounds of refusal: "Your application for indefinite leave to remain in the United Kingdom has been refused under immigration rule 322(1A), 322(2), 322(5). There is difference between income stated on the application versus income reported to HMRC, and tax not paid in previous employments."

Actually my previous employer not paid taxes for couple of months and not paid me and payslips not generated. My question is
1. Is the refusal is correct?

2. Can I appeal against the refusal?

3. I'm on PAYE. Is that my problem for not paying taxes?

Please advice me how to apply for appeal?

Thank you
Nuwan

Thats really very unfortunate! butI belive you are near to 10 years to apply again in another route...no worry. Can you please what docs you submitted during your ILR application...did u submit all p60 as well?

Hi GMO, Will this refusal affect my 10 year route as well? I was asked all year P60's. Unfortunately I had only for 4 years which I submitted.

[nuwansamar80]

Hi GMO,

Will this refusal affect my 10 year route as well? I was asked all year P60's. Unfortunately I had only for 4 years which I submitted.

[Akorotaeva]

It's still not clear to me how there was a discrepanct between income claimed on your application and actual income.

Why is the income you are getting now not reported in full to HMRC?

I understand about past employer, but not about the current discrepancy.

[GMO]

exactly! what about your current income? is there any issue with that?

[Djsuccess]

Dear Board Members

Route: Tier 2 (5 Years) -> ILR
PSC: Croydon
Appointment Date: 03/08/2018

Here is my Immigration history. No refusals before.
Came as Student in 2009
Applied PSW in 2011 and got 2 years visa.
Applied Tier 2 in 2013 and got Visa for 3 years
1st Employment: June 2013 - February 2015 (Taxes not paid for couple of months, roughly 4 - 5 months)
2nd Employment: May 2015 - December 2016 (Taxes paid for all months)
3rd Employment: July 2017 - Till Date (Taxes paid for all months)

General grounds of refusal: "Your application for indefinite leave to remain in the United Kingdom has been refused under immigration rule 322(1A), 322(2), 322(5). There is difference between income stated on the application versus income reported to HMRC, and tax not paid in previous employments."

Actually my previous employer not paid taxes for couple of months and not paid me and payslips not generated. My question is
1. Is the refusal is correct?

2. Can I appeal against the refusal?

3. I'm on PAYE. Is that my problem for not paying taxes?

Please advice me how to apply for appeal?

Thank you
Nuwan

Thats really very unfortunate! butI belive you are near to 10 years to apply again in another route...no worry. Can you please what docs you submitted during your ILR application...did u submit all p60 as well?

Hi GMO, Will this refusal affect my 10 year route as well? I was asked all year P60's. Unfortunately I had only for 4 years which I submitted.

Getting a refusal due to deception and misrepresentation doesn't go away quickly. Usually, subsequent applications will be refused for the same reason. More experienced members can correct me if I'm wrong.

[nuwansamar80]

exactly! what about your current income? is there any issue with that?

Hi GMO,

I have no problem with my current income. I'm earning 40K.

[GMO]

exactly! what about your current income? is there any issue with that?

Hi GMO,

I have no problem with my current income. I'm earning 40K.

That's fine! But then why they said, #There is the difference between income stated on the application versus income reported to HMRC" thas was our question actually?

[nuwansamar80]

exactly! what about your current income? is there any issue with that?

Hi GMO,

I have no problem with my current income. I'm earning 40K.

That's fine! But then why they said, #There is the difference between income stated on the application versus income reported to HMRC" thas was our question actually?

Actually I also have the same doubt, I need to check with solicitor.

[nuwansamar80]

Hello All,

I checked with solicitor and he said If taxes not paid by employer, then automatically there will be discrepancies created in tax history which will reflect in HMRC system. Is solicitor is correct? Please anyone advice. Thanks. Nuwan

[Akorotaeva]

So your current employer also didn't pay tax as they should have?

[binnyjai18]

Hi Everyone,
I'm having similar issue.
Employer has not paid the tax for 5 month to HRMC between 2014 to 2015 but I've been paid for 4 months.

I was thinking to apply this month but after reading this case, planning to wait and apply once I get clear direction.

Any advice in right direction will be much appreciated?

Binny

[uni_guy]

Hi Everyone,
I'm having similar issue.
Employer has not paid the tax for 5 month to HRMC between 2014 to 2015 but I've been paid for 4 months.

I was thinking to apply this month but after reading this case, planning to wait and apply once I get clear direction.

Any advice in right direction will be much appreciated?

Binny

Hi Binny,


Did you applied for ILR , please let us know the outcome of your application