Work Permit + ICT ILR query On Less tax deducted in P60

[Harrymady]

Hi ,

I came on Jan'07 on workpermit which upon extension moved to Tier 2 (ICt) visa. I was in UK continuously for 5 years with gaps not excluding for more than 90 days at a stretch and 180 days overall. Since my company pays the group tax and during the last year I was travelling on short trips as a result my company hasn't provided any Payslip rather gave me allowances as a result there were no payslips with me for around 5 months continuous in last year. But for this year I have a continuous 12 months payslips.

So I have few queries in terms of my ILR eligibility

I have with me the last 4 years P60 (this Yr since it is in Jan I will not be able to get for 2012). But the last year 2011 P60 the tax deducted amount was very low in 2 digits, so will this cause any issue for my ILR.

Do I need to show any letters or what sort of proof will they accept.

Please help me.

[zahid.ali.anwar]

For your tax deduction purpose, get a letter from your company stating that they pay the group tax and they have deducted the required amount of tax from your salary before paying it to you. In most of the cases the employment is on PAYE terms. So compnay should not have any problem in giving you this letter.

[Harrymady]

Thanks for the reply, But during this period I donot have any payslips either or bank statements to show that I was paid since I was given allowances which was paid through forex card. In a way I do not have payslips from May'2010 till Nov'2010.

So as a result the amount mentioned in the P60 as well is lower than what it need to be.

[John]

But the last year 2011 P60 the tax deducted amount was very low in 2 digits

Given the relationship between pay and tax, are you also saying that your pay was also very low?

[Harrymady]

Its a bit complicated, I have detailed ,my case below, Please can you help me on the best way to get through.

I was sent back to India for good on 16-May again I came back to UK on 17-Jul.
So from , 16-May-10 till 17-Jul-10 - During this period I was not paid in UK salary.

From 17-Jul till 21-Aug I was on short term so my company hasn't paid me as per normal payslip instead they deposited all the amount in a Forex card that's how generally the short trips my company deals. So no tax was paid.

From 21-Aug till 6-Oct-10 I was back in India for my marriage and came again on 6th Oct. But again from 6-Oct till 31-Oct I was not on Payslip's.

So all together I don't have any payslips or bank statements from 16th may till 31st-Oct even though I was in UK, so as a result my P60 is also low.

From staying outside UK I was away for 33 days in June and 44 days in Sep, So altogether its well within 90 days.

[ArgieBee]

What happened between November 2010 and March 2011?
Were you still working in the UK but not getting payslips?

It sounds like your company was treating July to October as a business visit and not employment, and also assuming you were not tax resident in the UK for that period.

Maybe one of the experts can answer but it sounds like the company has messed up with the visa status and taxes and the national minimum wage too.

Under your ICT visa you should have been paid the correct salary and this should be supported by payslips. I guess when you apply for ILR, it will be difficult to prove you were working in the UK.

Your employer has failed to collect and pay the correct taxes as you were probably tax resident in the UK. They have not correctly paid you at least the national minimum wage either.

You should speak to someone in the HR department and explain that a mistake has been made. Hopefully it was just an admin error abd they can fix it.

[Harrymady]

From November 2010 I had all payslips so for the last 12 months there is no issue.

During the tenure from July - August and again in month of October I had been paid in GBP but the money paid was as a short term allowance they gave the money through Forex card not as UK Payslip. During this period they were also paying my full Indian Salary, along with the Short Term allowances.

Moreover my company was paying group tax till April 2011, So I do not have any control on when and what they paid.

[Harrymady]

Hi ,

Please can some one help me with what is the best way to get the ILR in my scenario.. My Visa will expire in Jan 20..

[Harrymady]

I now have the Good news, I got my ILR today at Croydon. Fortunately P60's were not asked and everything went fine.

Thanks to the forum, it made me prepare well for my Visa.