Got refused because of company registration

[Rockey]

Dear friends,

I got very bad news that i have been refused yesterday after getting exceptionally complex letter on the ground of company registration after 11th of July that is true but i was genuinely registered as sole trader before 11th of July since then i have been continuously engaged in business.

I submitted proof of sole trader registration a letter from HRMC but to be honest even HO did not mention on refusal letter a single word for sole trader registration!!!! HO did not bother to look at Sole trader registration certificate..

HO office just refused only single reason that my company has been registered after 11th of July!! i m really surprised..

HO has given me right of appeal which i need to submit within 10 days..

Any senior friend guide me how to file appeal ? do i need to submit any supporting documents now with appeal or i need to submit at the time of hearing ?

Look forward to hearing from you soon.

thanks in advance.

[malik78]

Hi Rockey,

Sorry to hear bro, seek expert guidance of any good solicitor

[asfan123]

Hi Rocky,

Sorry to hear that. Bro, if this is the only single reason and you have evidence of proof to justify as u have already mentioned then very strong case.. look for good solicitor... Hopefully, u will win in court... We don't know, why HO do such things... Its best to submit all supporting documents when lodging an appeal otherwise judge most of the time wont accept at later dates... got experience.

[Rockey]

Thanks.

How can i apply online or post ? I have to send proof of documents now with application or after receiving Hearing date?

[asfan123]

Thanks.

How can i apply online or post ? I have to send proof of documents now with application or after receiving Hearing date?

As soon i get hold of my friend I'll let u know.. but as I mentioned u early that do submit all supporting documents at lodging appeal. Judge don't accept most of the time these days... yr case is very strong and don't leave any weak point for them... Court and HO are all part of one system.... I was part of my team member hearing and our case was very strong but then judge refused to take into consideration the new evidence submitted latter...

[Rockey]

Thanks asfan123 for encouragement.

As you said submit documents during lodging of appeal but some of collegues are saying that first i have to send Filled right of appeal application to them after sending i will get hearing date and during that process court will send me a letter for any supporting documents if i want to send them..!!
Whats right please?

[ogogzy]

Oh wow..so sorry about your refusal. However you have a very strong case as you were trading before 11 July. Please get a good lawyer. I think i have seen a case here where the applicant had the same issue with you but was called in for an interview and later,visa was issued. Please pursue this case and send documents along with the appeal.

Cheers

[PKBD]

Hello Rockey
It is very sad news bro that your visa application got refused. ..
I think you should consult with an experienced solicitor, so you can get proper advice. The good thing in your case is you were running your business before 11th July but I think HO considers only When your company is registered before this date. ...
I hope you will get a proper advice before proceeding to appeal process. ... Wish you all the Best Rockey....
Many thanks

[asfan123]

Thanks asfan123 for encouragement.

As you said submit documents during lodging of appeal but some of collegues are saying that first i have to send Filled right of appeal application to them after sending i will get hearing date and during that process court will send me a letter for any supporting documents if i want to send them..!!
Whats right please?

yes, that could be right. I don't understand the initial process but u will be required to submit all your evidence in the first three weeks to the court. My purpose is to let you know about this, most of the time guys are not equipped with this information. When ever is to submit the documents, keep collecting evidence from today onward. Don't leave it to the last minute. Brother wish u best of luck and u also pray for all friends... U better know about yr situation... my suggestion, try to consult a good solicitor.

[arnomarga]

Hi Rocky,

I am so sorry to hear this news, first of all you did not mention that you did provide any of the following documents with your application as per guidance notes:

123. If you are self-employed when you apply, you must provide evidence that you are paying
Class 2 National Insurance (NI) contributions. You may also pay Class 4 NI, but we only need
to see evidence of Class 2 payments.
124. NI contributions may be paid by bill or direct debit, or you may have applied for a small
earnings exception certificate. If you have registered recently you will have a welcome letter.
125. You must provide one of the following documents, according to your individual
circumstances.
If you receive a NI bill:
You must provide the bill from the billing period immediately before the application. This
must be an original document and not a copy.
If your NI is paid by direct debit:
You must provide a copy of your most recent bank statement issued before the
application, showing the direct debit payment of NI to HMRC.
If you have very low earnings and have applied for an HMRC exception certificate:
You should provide an original exception certificate issued by HMRC for the most recent
return date.
If you have recently registered and have not yet paid a contribution:
You should provide the original, dated welcome letter from HMRC containing your unique
taxpayer reference number.

There are different requirements for sole trader and limited company, if you switched from sole trader to limited company then there should be proper reasons which you could explain in your covering letter. If you were paying Class 2 NI contributions and this was submitted with your application then obviously HO made a mistake with your application. You have a strong case if everything was provided as per guidance notes.

I have been to a court hearing with my friend and we did provide extra documents which was not submitted with the original application and judge refused to accept and later appeal was denied.

I am not saying this will happen with your case but they are quite tight with appeals.

Anyway best of luck with your appeal.

[niceguy200458]

Sorry to hear your application got refused. I think you need to consult an experienced solicitor.

I heard these guys are good http://latitudelaw.com/

Can other members of the forum share details of experienced solicitors please?

[Rockey]

Hi arnomarga and other friends who have put their positive inputs...
Yes i did send welcome HMRC letter and as my bank account was not debited by hmrc for NI contribution therefore i just sent Welcome letter but it was post dated after 11th of July , however my company started and registered as sole trader before 11th but thing is that when the date you call HMRC they send on that dated letter thus way i received after 11th dated letter , HMRC normally does not mention any date of registration of company on that letter..so that thing might have confused HO !!
Other thing i had invoices and contracts all before 11th of July but HO did not bother to read any thing...

Anyways i am looking for good solicitor ..i dont know my case is strong or week but i will fight..

As you said judge did not accept any extra proof of documents ..so my question is how and when can i send them extra proof like bank statement of NI contribution ...?

Thanks

[aiza78601]

no u just need to lodge appeal istt and then submitt ur bundle 5 days before hearing
like i lodge my appeal in sep 2014 ,so this week i got new hearing date in which tribunal wrote us to send bundle,any evidence ,to us and home office 5 days before hearing