Tier 2 to ILR appointment advice required

[libertywish]

Thank you for your quick reply.
There is no clear answer for this whether this is a glitch on Hmrc side or employer did not pay tax.
I have asked the employer to sort this out but he just keep delaying. Can I sort this out with Hmrc myself?

[silverchloride]

Thank you for your quick reply.
There is no clear answer for this whether this is a glitch on Hmrc side or employer did not pay tax.
I have asked the employer to sort this out but he just keep delaying. Can I sort this out with Hmrc myself?

I'm sure the experts will advise further but my personal opinion would be that you shouldn't worry about it. Tax is usually an issue with self-employed people who are declaring tax themselves... If your employer didn't pay tax while you were on Tier 2, it wasn't your problem. I would be inclined to say don't include information about HMRC as it is not a requirement, and might confuse them...

Good luck!

[JoeLawerence2]

Thank you for your quick reply.
There is no clear answer for this whether this is a glitch on Hmrc side or employer did not pay tax.
I have asked the employer to sort this out but he just keep delaying. Can I sort this out with Hmrc myself?

You may not be able to sort things yourselves, but the HMRC may be able to tell if the issue is at their side or if your employer did not pay any taxes. Depending on the answer you will know how serious the issue is.

Because if the employer has not paid taxes then he needs to do it asap so that it reflects in HMRC records before you apply for your ILR. I have read atleast a couple of cases in this forum where ILR has been refused because their employer had not paid their taxes to HMRC despite deducting the taxes from their salary.

Is your employer a small company or a large multinational type one?

[JoeLawerence2]

Thank you for your quick reply.
There is no clear answer for this whether this is a glitch on Hmrc side or employer did not pay tax.
I have asked the employer to sort this out but he just keep delaying. Can I sort this out with Hmrc myself?

I'm sure the experts will advise further but my personal opinion would be that you shouldn't worry about it. Tax is usually an issue with self-employed people who are declaring tax themselves... If your employer didn't pay tax while you were on Tier 2, it wasn't your problem. I would be inclined to say don't include information about HMRC as it is not a requirement, and might confuse them...

Good luck!

Hi Silverchloride, I know that it is not libertywish’s fault that the employer has not paid tax, but Home Office has rejected such cases before and you can find atleast a couple of such cases in this forum. If an employer is flagged as a tax defaulter then there is every possibility that they will check the HMRC records.

[libertywish]

It was an ltd company. Also please note that my job was moved from this company to a new company when licence was transferred (with same job, salary and working place.). I have got p60s for the last four years with current company. The only issue is for the first year with old company.

Because if the employer has not paid taxes then he needs to do it asap so that it reflects in HMRC records before you apply for your ILR. I have read atleast a couple of cases in this forum where ILR has been refused because their employer had not paid their taxes to HMRC despite deducting the taxes from their salary. The cases you have mentioned are Tier 1 or Tier 2 applications?

[JoeLawerence2]

It was an ltd company. Also please note that my job was moved from this company to a new company when licence was transferred (with same job, salary and working place.). I have got p60s for the last four years with current company. The only issue is for the first year with old company.

Because if the employer has not paid taxes then he needs to do it asap so that it reflects in HMRC records before you apply for your ILR. I have read atleast a couple of cases in this forum where ILR has been refused because their employer had not paid their taxes to HMRC despite deducting the taxes from their salary. The cases you have mentioned are Tier 1 or Tier 2 applications?

This link shows one of the Tier 2 case, I can remember atleast one more case: http://www.immigrationboards.com/indefi ... 25153.html

There are many Tier 1 cases as well which you can dig out from the forum. As I said it is better to be safe than sorry, so better find out the cause and act accordingly. Also if you are able to finish five full years with your current employer then you can apply ILR after that as well.