HO visit

[GMO]

Hi all,
Back in 2015 one of my Friend took 2 months unpaid leave for some emergency reason. So on that 2 months period, no tax was paid and payslips were generated! Is that would be an issue during ILR? I heard 2 months unpaid leave is allowed during 5 years. not sure!

Or to be on safe said, he can request his employer to pay Tax on backdated for those 2 months...( if yes then what would be the procedure please?)

Please help.

Kind Regards

[GMO]

in addition to this, I am going through the forum and I found that 4 weeks unpaid leave is allowed in any calendar year! ..

So if his employer agree to pay tax backdated for another 4 weeks ( 1 month) in 2015 then what should be the procedure, please???

[Casa]

Why would the employer pay tax if the employee had unpaid leave

[GMO]

Why would the employer pay tax if the employee had unpaid leave

For some emergencies he did not work regularly on the following 30 days but workerd! I m asking to be on safe site is it possible anyhow to pay backdated tax ??? Anyone please help

[GMO]

Please kindly give a solution as the employee is going to apply for ILRand dont want to have an issue for only 1/2 month unpaid tax.

[GMO]

Sorry again but my question is .. is there any way that employer can pay backdated tax for a employee?

[Casa]

Why would the employer pay tax if the employee had unpaid leave

For some emergencies he did not work regularly on the following 30 days but workerd! I m asking to be on safe site is it possible anyhow to pay backdated tax ??? Anyone please help

To be honest, I'm finding this difficult to understand...
1. Did your friend receive payment for the time worked ?
2. Does he have payslips showing amount paid?
3. If no payment was made and no tax paid, why was this?
4. What 'emergencies?
5. How many days were worked within the period of 'unpaid leave' ?

See below:
1.19.1 Deliberate under deductions of NICs and PAYE
In certain circumstances where we identify that an employee has received pay knowing that the employer has deliberately failed to deduct tax, a direction can be made for the employee to pay the underpayment. This will usually be where we can’t recover the PAYE from the employer. Where we also identify that an employee received pay knowing that the primary contributions had not been deducted or paid over, a decision can be made for the employee to pay those contributions.

[GMO]

Thanks for your reply

[GMO]

Why would the employer pay tax if the employee had unpaid leave

For some emergencies he did not work regularly on the following 30 days but workerd! I m asking to be on safe site is it possible anyhow to pay backdated tax ??? Anyone please help

To be honest, I'm finding this difficult to understand...
1. Did your friend receive payment for the time worked ?
2. Does he have payslips showing amount paid?
3. If no payment was made and no tax paid, why was this?
4. What 'emergencies?
5. How many days were worked within the period of 'unpaid leave' ?

See below:
1.19.1 Deliberate under deductions of NICs and PAYE
In certain circumstances where we identify that an employee has received pay knowing that the employer has deliberately failed to deduct tax, a direction can be made for the employee to pay the underpayment. This will usually be where we can’t recover the PAYE from the employer. Where we also identify that an employee received pay knowing that the primary contributions had not been deducted or paid over, a decision can be made for the employee to pay those contributions.

Thanks for your time Casa . No hex was not paid and it showed as unpaid leave !! But as he is applying for ILR in next month ..so that would be any issue ? As I read anyone can take 4 weeks ( 1 month ) unpaid leave in any calendar years ..

[Casa]

The Rules in place in 2015 were:
26.20 If the reduction in salary is due to the migrant being absent from work without pay for
30 days or more during any 12 month period from 1 January to 31 December, other than
for the reasons listed above (whether over a single or multiple periods), you can’t
continue to sponsor them and you must report this using your SMS account.
26.21 If a sponsored migrant wishes to take a longer period of other unpaid leave, for
example a sabbatical, you must stop sponsoring them and report this using your SMS
account.

In my honest opinion, it's too late to rectify anything now as it will simply flag up with the Case Worker that your friend and his employer are attempting to hide the extended absence.

Why wasn't he paid for the time he worked during the 2 months

[GMO]

yeah you are right. I agreed on that. But after that he got his visa extention and everything done and HO compliance visit was done year after but it didn't come up..just he is applying now so he just thinking about that back on 2015!

[GMO]

The Rules in place in 2015 were:
26.20 If the reduction in salary is due to the migrant being absent from work without pay for
30 days or more during any 12 month period from 1 January to 31 December, other than
for the reasons listed above (whether over a single or multiple periods), you can’t
continue to sponsor them and you must report this using your SMS account.
26.21 If a sponsored migrant wishes to take a longer period of other unpaid leave, for
example a sabbatical, you must stop sponsoring them and report this using your SMS
account.

In my honest opinion, it's too late to rectify anything now as it will simply flag up with the Case Worker that your friend and his employer are attempting to hide the extended absence.

Why wasn't he paid for the time he worked during the 2 months

"The Rules in place in 2015 were:
26.20 If the reduction in salary is due to the migrant being absent from work without pay for
30 days or more during any 12 month period from 1 January to 31 December, other than
for the reasons listed above (whether over a single or multiple periods)"

What were the reason listed above on the rules, please ?

[Casa]

26.19 The only other exceptions to this rule are:
a) where the reduction is due to the migrant taking a period of:
 maternity leave
 paternity leave
 adoption leave
 long-term sick leave in excess of one continuous calendar month

[GMO]

Thank You he applied for unpaid leave and granted...but work from home a few days if needed as he was not well... so he was just worried is that would be any issue?

[Casa]

Thank You he applied for unpaid leave and granted...but work from home a few days if needed as he was not well... so he was just worried is that would be any issue?

Why didn't he take sick leave

[GMO]

yea he has the application with him where he mentioned he is not able to work 2 months reguarly..so it was kind of sick leave but of course unpaid! But it was not notified via sms or anything..and after that he got successful visa extension and co had compliance visit..all was ok and good...so finger crossed..hope it wont be an issue!

[Casa]

He would have been entitled to Statutory Sick Pay (SSP) if he was medically unfit for work. However, that isn't going to help now.

My fellow moderator Zimba may be better placed to advise further.

[GMO]

Thanks. Dear Zimba please help.

[zimba]

In my opinion this is is non-issue and should not come up during ILR. The issue of SSP here is a separate one if sickness was the reason for such leave. So the employer might have made a mistake and didn't follow the employment law properly but that is a separate legal matter and not relevant to the immigration rules.

[GMO]

In my opinion, this is is non-issue and should not come up during ILR. The issue of SSP here is a separate one if sickness was the reason for such leave. So the employer might have made a mistake and didn't follow the employment law properly but that is a separate legal matter and not relevant to the immigration rules.

Thank you so much for your response and hope for the best. One more thing i must say..i read your responses quite often as I am on the forum from last more than 2 years, you are very positive with your responses..that's a great mental support and strength indeed. Thanks again.

Kind Regards

[GMO]

In my opinion this is is non-issue and should not come up during ILR. The issue of SSP here is a separate one if sickness was the reason for such leave. So the employer might have made a mistake and didn't follow the employment law properly but that is a separate legal matter and not relevant to the immigration rules.

Dear Zimba, I have a kinda similar situation like my friend but its a bit clear and for reconfirmation, i would like to mention it..please kindly help.

I applied for the extension in July 16 but the salary was not on the threshold so visa refused in sept16 ..but my existing visa was expired by then in August 16 and I had no valid work permit..so I decide tnot to go for admin review and Re-applied for visa extension with a fresh application within 14 days with a higher salary and got approved after 4 months!

But as my visa was already expired so was not allowed to work until the visa granted for extension..so didn't work and not paid...and immigration experts here on the forum on that time suggest that yes i m not allowed to work as I have no valid visa until its granted..so its granted and continue to work,,, hope its ok Please please kindly let me know for reassurance.

[zimba]

The advice given was correct

[GMO]

The advice given was correct

Thanks

[GMO]

The advice given was correct

Dear Zimba, As per my previous scenario; Do I have to submit any additional docs with the ILR application for the months I didn't work cause of no valid visa and the application was in process or its not necessary as it was in HO and they already know! Please let me know. Thanks

Kind Regards

[zimba]

No docs required