Tier 2 to ILR Refused. Please help

[nuwansamar80]

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

My current employer paid tax up to date. Problem is with my previous employer. Home Office has all my records in place when I go to PSC centre.

Anyone suggest me can I apply for Tier 1 Entrepreneur route?

[Akorotaeva]

So what does the following refer to?

"There is difference between income stated on the application versus income reported to HMRC".

[nuwansamar80]

So what does the following refer to?

"There is difference between income stated on the application versus income reported to HMRC".

Your annual salary is XX,XXX. When you apply for settlement visa, HO has all details about how much tax your employer has paid for all the Tax years. When HO cross checks with HMRC, and found if any discrepancies, your visa will be refused and in the acknowledgment letter they state "Your application is refused under the grounds"
"There is difference between income stated on the application versus income reported to HMRC".

[Akorotaeva]

What is the CURRENT (not past) discrepancy they are talking about?

[nuwansamar80]

What is the CURRENT (not past) discrepancy they are talking about?

There is no discrepancy with current employment. It's all with past employment.

[nuwansamar80]

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

My current employer paid tax up to date. Problem is with my previous employer. Home Office has all my records in place when I go to PSC centre.

Anyone suggest me can I apply for Tier 1 Entrepreneur route?

Much appreciate if any one reply my previous message.

[ntt05r]

Hi all,

How does one check whether his employer has paid sufficient tax? I have P60's for the last 5 years and I believe they have paid adequately but dont want any surprises during the ILR appointment. I have checked NI contributions from the gov website and confirmed fully paid.

[GMO]

So what does the following refer to?

"There is difference between income stated on the application versus income reported to HMRC".

Your annual salary is XX,XXX. When you apply for settlement visa, HO has all details about how much tax your employer has paid for all the Tax years. When HO cross checks with HMRC, and found if any discrepancies, your visa will be refused and in the acknowledgment letter they state "Your application is refused under the grounds"
"There is difference between income stated on the application versus income reported to HMRC".

Their statement was quite confusing! sounds like they stated about your current employer. May I know, in Which PSC centre you applied?

[madnanali]

The case has not bee explained as per my understanding, so something was there in the application which makes HO suspicious, I am sure you got the extension in 2016 as well and there it was a chance that you could be refused if there were issues in tax payment...
I got ILR and just sent 1 last P60 and 3-month payslips+bank statement and that's all, Unfortunately, this kind of refusal will be issued for any future application and you have to fight your case to get ILR.

[Mr AAL]

Hello nuwansamar80,
I am under same situation. My first employer didn't pay me 9 months salary and dissolved his company because of sudden financial crisis. My second employer is ok.

How you gonna fight this case, so I can follow your case study, your suggestion will help me a lot.
Thank you and regards,

[rajasoty]

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,

Have you applied for ILR, what's the outcome?

Thanks
Raja

[giri_b]

Hello nuwansamar80,
I am under same situation. My first employer didn't pay me 9 months salary and dissolved his company because of sudden financial crisis. My second employer is ok.

How you gonna fight this case, so I can follow your case study, your suggestion will help me a lot.
Thank you and regards,

Can you please update .. i am also in the same situation .

[giri_b]

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

Hi .. did you get any update from your solicitor. Can you please share what did you . i am also in same situation

[giri_b]

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

Can you please let me know . what direction did you decide . Appreciate if can update

[Mr AAL]

Hi,
I am afraid, I am still looking for a solicitor or someone who can give me advice, if you have any source please share with me.

Regards

Hello nuwansamar80,
I am under same situation. My first employer didn't pay me 9 months salary and dissolved his company because of sudden financial crisis. My second employer is ok.

How you gonna fight this case, so I can follow your case study, your suggestion will help me a lot.
Thank you and regards,

Can you please update .. i am also in the same situation .

[binnyjai18]

Hi All,

I applied in belfast, didn't provide the tax documents since they were optional. But had a copy of the last 5 years tax documents in my file.

They didn't ask me any questions regarding the tax documents and granted me ILR.

I had couple of friends who applied ILR and they didn't ask about the tax documents.

Binny

[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

Hi Binny,

Have you applied for ILR, what's the outcome?

Thanks
Raja

Hi Raja,

I applied in belfast, didn't provide the tax documents since they were optional. But had a copy of the last 5 years tax documents in my file.

They didn't ask me any questions regarding the tax documents during the appointment and granted me ILR.

I had couple of friends who applied ILR in the last few months and they didn't ask about the tax documents on appointment.

Binny

[Wijewije]

dear all, any update in this thread? i also have previous tax problems with ex employer. but i have granted the new tier2 without any tax issue.

is there anyone granted ilr with tier2 previous tax issues?

please reply

[GondalUK]

Dear All,

I am also on same boat, there were some ammenments in my tax records due to different mistakes from my previous employers. Trying to find answer as my 5 years are completing in next year for ILR.

I want to share very useful information for the immigrants who don't keep an eye on their tax records. Now there is a new online service from HMRC where you can check your tax records every month. Please check below:

https://www.gov.uk/personal-tax-account

Never rely on your employer as the accountants makes mistakes. So just keep an eye and fix the problem the same time as it happen rather than at the time of ILR.

I hope it will be helpful for many who are not aware about online tax account service.