ILR tax discrepancy issue, please advise.

[rajasoty]

Hello Everyone,

I am going to apply for ILR visa in November 2018 and would like to clarify few things.

1. If P60 form for last 5 years is mandatory document to apply for ILR.

2. My annual salary has been increased from £34700 to £35500 just 2 months ago and will this rise any issue while applying or VISA.

3. Previously I applied for my visa extension on Dec 2016 via postal service and UKBA sent rejection letter on May 2017 stating my minimum salary is not adequate enough and it's due to a mistake from my solicitor where entered number of working hours as 39 instead of 37.

Then I re-submitted my application within 28 days as a same day service and they didn't approve my application that time and advised me to leave documents with them. After a couple of days I received a letter from immigration office in regards to my over staying in UK, before we do any action the next day I received a letter from UKBA that they need more time to work on my visa application and they took my work rights and instructed to sign monthly once at Immigration reporting centre.

So I was jobless from 24 June 2017 until 18 Jan 2018 as I received my visa approval letter on 14th June followed by BRP card.

Will this above scenario cause any issue with my current ILR visa application and do I have to provide any additional documents explaining what I was doing during that jobless period or any other supporting documents explaining the mistake in working hours and visa rejection from my last application.

Please advise and thanks in advance.

Regards,
Raja

[CR001]

1. If P60 form for last 5 years is mandatory document to apply for ILR.

No.

2. My annual salary has been increased from £34700 to £35500 just 2 months ago and will this rise any issue while applying or VISA.

Only you or all employees? Reported on the SMS system?? It is a small increase so shouldn't be an issue, but you never know.

3. Previously I applied for my visa extension on Dec 2016 via postal service and UKBA sent rejection letter on May 2017 stating my minimum salary is not adequate enough and it's due to a mistake from my solicitor where entered number of working hours as 39 instead of 37.

Then I re-submitted my application within 28 days as a same day service and they didn't approve my application that time and advised me to leave documents with them. After a couple of days I received a letter from immigration office in regards to my over staying in UK, before we do any action the next day I received a letter from UKBA that they need more time to work on my visa application and they took my work rights and instructed to sign monthly once at Immigration reporting centre.

So I was jobless from 24 June 2017 until 18 Jan 2018 as I received my visa approval letter on 14th June followed by BRP card.

Will this above scenario cause any issue with my current ILR visa application and do I have to provide any additional documents explaining what I was doing during that jobless period or any other supporting documents explaining the mistake in working hours and visa rejection from my last application.

Shouldn't be an issue as your subsequent visa was approved.

[rajasoty]

Thanks for your quick response.

2. My annual salary has been increased from £34700 to £35500 just 2 months ago and will this rise any issue while applying or VISA.
Only you or all employees? Reported on the SMS system?? It is a small increase so shouldn't be an issue, but you never know.

Salary was increased only for myself and still it hasn't reported in SMS as my HR team is changing the person in charge and they contacted UKBA already to approve new person inclusion. We're still waiting for their approval and once this person has been included in SMS system then we will update in SMS system.

Thanks a lot,
Raja

[GMO]

Hi, i am kind of the exact same board like u. I will suggest you to report it via SMS as early as possible. and please let us know the update

Best of luck

[rajasoty]

Thanks for your response and I will keep this thread posted.

[rajasoty]

Hello,

I have similar issue where my employer paid me less than what I was supposed to get paid for the last 4 years, even though from this Jan 2018 my payslips are up-to date with minimum salary requirement.

I'm going to apply for ILR, do you think my visa will be rejected for this same reason because if HO contact HMRC they will definitely find out the discrepancies in my salary.

Also will it help if I pay all the difference tax amount for the last 4 years now before I submit my application on Nov 2018.

Please advise.

Thanks
Raja

[Djsuccess]

Hello,

I have similar issue where my employer paid me less than what I was supposed to get paid for the last 4 years, even though from this Jan 2018 my payslips are up-to date with minimum salary requirement.

I'm going to apply for ILR, do you think my visa will be rejected for this same reason because if HO contact HMRC they will definitely find out the discrepancies in my salary.

Also will it help if I pay all the difference tax amount for the last 4 years now before I submit my application on Nov 2018.

Please advise.

Thanks
Raja

It might be nice if you start a different thread for your question. Why did your company pay you less?
Salary reduction? was the reduction reported to UKVI?
If you have been paid less through PAYE, so your tax records will be based on your lower tax.in that case, you can only claim what you earned and not what you are supposed.
Or are you saying that the figures in your payslips are not the same as what goes into your account?

[rajasoty]

Thanks for your reply

I will open a new thread in regards to this case but this existing scenario matches with my situation that's why replied in this thread to get better response.

Basically I was supposed to get paid £24,600 for the first three years but I was getting paid only £20,000 and will this raise an issue when I apply for ILR.

Thanks in advance.

[rajasoty]

Hello,

I have an issue where my employer paid me less than what I was supposed to get paid for the last 4 years, even though from this Jan 2018 my payslips are up-to date with minimum salary requirement.

I'm going to apply for ILR, do you think my visa will be rejected for this same reason because if HO contact HMRC they will definitely find out the discrepancies in my salary.

Basically I was supposed to get paid £24,600 for the first three years but I was getting paid only £20,000 and rest of it was paid as bonus but directly as a cash and will this raise an issue when I apply for ILR.

Also will it help if I pay all the difference tax amount for the last 4 years now before I submit my application on Nov 2018.

Please advise.

Thanks
Raja

[CR001]

Why were you paid less by so much??

Were you working for an umbrella company who took a percentage of your monthly salary as a fee/commission?

I have Merged all your posts to your own topic.

[rajasoty]

No it wasn't umbrella company.

He paid me 20k via NI and extra 10k I get paid as commission without NI and i didn't know that it will be an issue when I apply for ILR.

So what can be done now? Do you think HO will refuse my application based on these circumstances?

Thanks,
Rj

[CR001]

What salary was listed in your SOC and CoS for those three years?

What was the contract salary stipulation?

Was the £10k paid via payroll and bank transfer or did you get cash??

[Casa]

I was getting paid only £20,000 and rest of it was paid as bonus but directly as a cash

[CR001]

I was getting paid only £20,000 and rest of it was paid as bonus but directly as a cash

Missed that

[rajasoty]

What salary was listed in your SOC and CoS for those three years?
£24,600
What was the contract salary stipulation?
£20,000
Was the £10k paid via payroll and bank transfer or did you get cash??
as cash

[Djsuccess]

What salary was listed in your SOC and CoS for those three years?
£24,600
What was the contract salary stipulation?
£20,000
Was the £10k paid via payroll and bank transfer or did you get cash??
as cash

That arrangement is dodgy. It might be treated as tax avoidance.
How did you manage to do your visa extension? or did you get 5 years visa the first time?

[rajasoty]

Yes it was a dodgy arrangement.

Somehow I managed to get extension without HO noticing this tax issue and now I'm not sure if they gonna do the same.

Please advise

[marisajason]

rajasoty
We are in the same boat and I think need to cooperate and exchange info!! )
I am applying for same day service mid september, had 3 tier 2 visas but in my first 2 years I have been paid less than supposed to and it is all recorded in p60 and payslips.

I pray to god they won't ask me p60 for my first 2 years and wont contact HMRC.
From what I know they dont have direct access to HMRC info, they can only submit a request for such info.

[rajasoty]

Are you not going to submit P60 forms?

Also have you thought about asking your company to allocate some stocks so that you can show home office just in case if they ask about discrepancy.

My company is ready to help me but not sure what's the correct thing to do?

[marisajason]

Are you not going to submit P60 forms?

Going to submit for the last 2 years (when my salary was already ok), but not all of them as they are not mandatory.

Also have you thought about asking your company to allocate some stocks so that you can show home office just in case if they ask about discrepancy. My company is ready to help me but not sure what's the correct thing to do?

I've been told my solicitors in the past that this might be a possible loophole for people in our situation. I have not asked my company to do this and atm I think I will try my best to not attract any extra attention to my case. If I get a rejection because of this salary issue I might consider doing smth like this.

[rajasoty]

Can you please provide me your email address and keep me posted with your submission on September?

I wish everything goes smooth for you.

Thanks

[CR001]

Can you please provide me your email address and keep me posted with your submission on September?

Members are NOT permitted to post any form of personal contact information on the forum!!

[marisajason]

Can you please provide me your email address and keep me posted with your submission on September?

I wish everything goes smooth for you.

Thank you. I will definitely keep you posted on this forum!

[rajasoty]

Thank you, I will wait for the update.

Any other similar candidates who applied for visa managed to get the approval from HO, please advise.

[rajasoty]

Can you please provide me your email address and keep me posted with your submission on September?

I wish everything goes smooth for you.

Thank you. I will definitely keep you posted on this forum!

Please can you advise your status on the application, hope everything went well.