Previous employer has not given me my p45 yet

optimisprime

My previous employer has paid for my tier2 visa and made me sign a contract for a fixed time. I left (as the company was horrible to work) end of July. they have not sent me my p45 and now saying i need to clear the visa fee otherwise they will not give me a p45. Can they do it? I am paying extra tax because of this. Can anyone suggest me what to do now?

marcia_

optimisprime said:

My previous employer has paid for my tier2 visa and made me sign a contract for a fixed time. I left (as the company was horrible to work) end of July. they have not sent me my p45 and now saying i need to clear the visa fee otherwise they will not give me a p45. Can they do it? I am paying extra tax because of this. Can anyone suggest me what to do now?

 They 'made you' sign a contract?
 or you made a decision to agree to be bound by its terms and signed. 

optimisprime

@marcia_ you can think whatever you want. Yes, i made a choice in desperate situation. i had no other choice. either sign or go back to my home country. when i formally resign they did not say anything. now they are saying they will not issue it.

Dazed_and_C0nfused

Why are you paying "extra" tax as a result?

If you have one new job you should be on the emergency tax code of 1257L.

What tax code is your new employer using?

74jax

optimisprime said:

My previous employer has paid for my tier2 visa and made me sign a contract for a fixed time. I left (as the company was horrible to work) end of July. they have not sent me my p45 and now saying i need to clear the visa fee otherwise they will not give me a p45. Can they do it? I am paying extra tax because of this. Can anyone suggest me what to do now?

What is it exactly you are paying extra tax for?  No p45 is relatively common and you can sort your tax code out without it, or do you mean you are paying extra tax on the tier2 visa? If so I don't quite understand why? 

marcia_

optimisprime said:

@marcia_ you can think whatever you want. Yes, i made a choice in desperate situation. i had no other choice. either sign or go back to my home country. when i formally resign they did not say anything. now they are saying they will not issue it.

 If you signed a contract saying you would pay back fees if you left their employment they can take you to Court to enforce it. 

 As for your P45 its not an issue just fill in a new starter form. 

Savvy_Sue

marcia_ said:

 If you signed a contract saying you would pay back fees if you left their employment they can take you to Court to enforce it. 

 As for your P45 its not an issue just fill in a new starter form. 

And you can go to your personal tax account and tell HMRC you have left. They will sort your tax code and tell your employer to issue the P45.

But marcia's bolded bit stands.

MalMonroe

This issue is far more complex than it first appears. The Skilled Worker Visa has replaced the Tier 2 visa but there are conditions attached to the visa.

The employers you have left will have paid for the visa to allow you to come to the UK to work specifically for them and if you have left, of course they will want a repayment of the fee, since you are supposed to be working for them while you are here. They paid so you could have a job here. And you are not allowed to change jobs or employer unless you apply to update your visa.

Please see information in the following link - https://www.gov.uk/skilled-worker-visa

The fact that you've left the job you were originally recruited for in the UK may mean you cannot stay in the UK. Or do you have official indefinite leave to remain? It's not clear.

You need some proper advice about this whole situation and you should, in my opinion, contact acas as a starting point.
Contact details are in the link below -

https://www.acas.org.uk/about-us

If they don't have all the information you need, they should be able to point you in the right direction so that you can get it.

Good luck. 

optimisprime

@MalMonroe, and to all you concern. I joined there in 2019 and my contract was for three years which i have finished, but you dont know my previous employer and their culture. they made me sign the contract just before my visa application and told me if i dont sign they will not apply. i had only 10+ days in my visa. After completing three years i got ILR and their contract says if i got ILR my contract will autometically extend for three more years. thats when all the problem started, I already sort out the tax code. as it stands all tax info is live and my new employer has assured me that they dont need my p45 and my tax code will be sorted soon. and for taking me to court, i hope they do. i dont mind paying the money and its way less than 10K. I am not the first one to leave the company like this. Thanks anyway for everyone's comments