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Awan-Legal
Awan-Legal, Solicitor
Category: UK Employment Law
Satisfied Customers: 128
Experience:  Expert
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hello, colleague of mine is Polish and came to UK in 2001

Customer Question

hello,
colleague of mine is Polish and came to UK in 2001 which is before joining Poland to EU and he worked illegally here. He used his real name. However he has not any paperwork to confirm his employment, he had received payslips but he lost them already. Currently he's been working in UK legally and thinks about going retirement. The question is can he add these illegal years of employment to his work history and do these count when summarize pension?
thanks
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Awan-Legal replied 1 year ago.

Awan-Legal :

hi

Awan-Legal :

how old are you?

Customer:

hi

Customer:

im fine

Customer:

im 30

Customer:

why?

Awan-Legal :

you have to wait until the age of 65 for a state pension

Customer:

the question regards XXXXX XXXXX not me

Awan-Legal :

if you wanted a private pension, however, for early retirement (sorry not you but your colleague) then he or she would be eligible on the payments that they have made to date regardless of whether they were legal or illegal

Customer:

the thing is about state pension - he was working for 4 years illegally - do these years count in to his state pension work history?

Awan-Legal :

so long as they were paying national insurance and tax at the time when they were illegal - you said he had received pay slips

Awan-Legal :

he can check his entitlement to a pension and how much on 08453021 479

Customer:

would it be possible to have paid NI and tax while working illegal? I thought that if someone works illegally means no social benefits at all

Customer:

(mean no tax no insurance)

Awan-Legal :

as long as he had pay slips and an NI number in his own name tax and NI would have been paid by his employer - he can check with his employer if he has lost the pay slips or ask the HMRC for his previous records

Awan-Legal :

The requirements for a state pension are:

Awan-Legal :

my apologies - the copy and paste was from something else

Awan-Legal :

To qualify for a basic State Pension at least one of the following must apply to you:



  • you were working and paying National Insurance

  • you were getting certain benefits, eg for unemployment, sickness

  • you were a parent or carer and claiming certain benefits or credits

  • you have a spouse or civil partner whose National Insurance contributions cover you

  • you were paying voluntary National Insurance contributions

Awan-Legal :

see this link:

Customer:

all right, but can he have some kind of problems if he shows up his illegal working history? would HMRC charge him for outstanding tax for those years or sth?

Customer:

well, this is what he told me

Awan-Legal :

possibly if he did not pay tax - when you make enquiries with the HMRC you can ask when the payments started from which will help you - if he already made payments when he was illegal then it is fine

Awan-Legal :

have a meeting now but let me know if you need any more help otherwise kindly click positive rating - thanks

Customer:

how do you calculate state pension in this country? is there any certain the same amount for everyone, or is it depend on years of work, or any other system? which I mean if someone works the whole life in UK and someone else came to Uk when he was 40 and worked only 35 years will they get the same staet pension though?

Awan-Legal :

the pension is calculated on the basis of how many years a person has paid tax and national insurance in the UK - not on how many years they have lived in the UK.

Awan-Legal :

It can be calculated basically as follows:

Awan-Legal, Solicitor
Satisfied Customers: 128
Experience: Expert
Awan-Legal and other UK Employment Law Specialists are ready to help you
Expert:  Awan-Legal replied 1 year ago.
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