Is gross taxable salary considered for ILR or is Basic Pay?

[rohanpradhan]

I really need some advise. Given below a brief on my situation in detail:

I came to UK in 2012 on a tier Post Study Work Permit. I got my first contract around November/December 2012. since I was not aware of the taxation system I approached an Umbrella company recommended to me by a friend. the umbrella company enrolled me into a Limited Liability Partnership saying that the returns would be higher. I did my own inquiries and was told that there was nothing illegal in this so went forward with the arrangement. I was in the LLP from Dec 2012 till mid Feb 2014. During this time I was paid a Profit Share and a Capital Drawing. ]From mid Feb 2014 on wards I have been on the Tier 2 General Work permit and have been on a PAYE.

In June 2018 , I received a letter from HMRC saying that due to a rule change in November 2017 they were investigating my earnings for 2012 to 2014 (the time I was with an LLP) for disguised reimbursement. I have since been in constant touch with HMRC to resolve this issue and I am hoping to resolve it as soon as possible before I apply for an ILR in Feb'2019.

I wanted to know if the current tax issue with HMRC will affect my chances of obtaining the ILR as I have heard of many instances where the ILR has been refused by the home office only because the applicants had tax discrepancies. I am really worried and any guidance on this will be appreciated.

Thanks and regards
Rohan

[cyclina1]

no need to worry because you are going to apply ILR via Tier 2 PBS route and you always pay tax by PAYE, since you switched to Tier 2.

As long as nothing illegal about tax during 2012 - 2014 when you were under PSW, nothing to worry.

[rohanpradhan]

Thanks for the solitary reply

[rohanpradhan]

Hi,
I am aware that the salary threshold for ILR in 2018-19 is £35500.
I will be completing 5 years in Feb'19 and will be applying for ILR. My salary breakdown is :
Annual Basic pay :£35949.96
Total Gross Taxable Salary : £35232.
My sponsor is deducting pension = 717.96
I wanted to know what the Home office will consider the Basic Pay i.e. £35949.96 or the gross taxable salary i.e. £35232 .
I will be grateful if I could get some advise.

Thanks & regards
Rohan

[CR001]

Basic pay before any deductions.

p.s. please don't post your full name on the forum, we have many scammers and spammers here and it makes you identifiable.

[Monmari]

Ps house can I use an agency job in the UK to apply for spouse visa for my wife. I work as health care assistant and I registered with agency.

[CR001]

Ps house can I use an agency job in the UK to apply for spouse visa for my wife. I work as health care assistant and I registered with agency.

Please start your own topic in the Immigration for Family members sub forum, link below, instead of tagging your questions onto topics where members are asking about ILR and NOT spouse visas.

immigration-for-family-members/

See also point 12 in the forum rules FAQs (click to read)