ILR refusal plus appeal query

[maurynclk]

Hey everyone,

In my first tier 1, I applied using part employment and part self-employed tagged as private work on my excel earning sheet with no stated tax apportioned, invoice and accountant's letter and bank statements. Same for second lap of tier 1! I carried out the work in the UK but it was for a 24 month project abroad.

Payment was made to me via my nominated agents, first was an IBAN transfer of the deposit sum and the second was instalment deposits by my nominated agent. All these figures match as stated in my sub-contractor agreement, SAs, bank statements, invoice etc.

During my ILR earlier this month, I was told that the self employment earnings from the first was genuine - £3043 (this was the initial deposit from IBAN made to me at the start of the project) whilst the second (deposit instalment, though stated on the agreement) wasn't. They didn't realise both self-employment earnings were from the same private work abroad straddling over three fiscal UK accounting years.

I even declared my foreign earnings tax on my SA for year ending 2013, this was not identified by the CW because I did a premium service with my husband.

I have spoken to my solicitor who feels re-applying before my current expiration of the 29th is the best way forward as they have not responded to my AR. I didn't include SA from previous years as I didn't know it would be required neither did I show my tax clearance from abroad and sub-contractors agreement nor did I show evidence of the work I did over internet conferencing for the project.

My solicitor has suggested that adding all corroborating documentations - tax clearance from abroad, SAs - 2011, 2012,2013, 2014, 2015 sub-contractors agreement and e-mail from the general contractors would be a way forward for a new application as I need more documents to prove the deception wrong.

HMRC has no tax liability from my self-employment abroad as shown in the SA where I declared my foreign earnings as suggested by my accountant during my tax return for year ending 2013.

They feel my earnings submission for this ILR was ok - all from full time self-employment in the UK with accountant's letter, individual invoices from each student as I'm a tutor and fully qualified teacher.

They feel the first tier 1 application was fine but the second not...which I feel is as a result their not realising it is a foreign income, remitted to me in GBP. So they were expecting to see the said sum of £7250 as my net income for that year. Even though, I did some self-employment in the UK for that period, the net income of £67 was irrelevant to that application. Hence, the discrepancy.

I'm still waiting for my AR as I explained in details referring them to the foreign earnings section of my SA-tax return which should be available via HMRC, my accountant or me should they need me to do more submissions.

Any ideas as per way forward? Do you feel I have missed out any docs for the new application? I can't wait for the AR decision as I need to do a new postal application by 26th so I can get the 3C leave in the mean time to avoid becoming an over-stayer.

I regret not joing this forum before my premium application as I have never had any reason to be unsuccessful with HO application in the past. All I have done was read the guidance and follow. In this case, they have done their checks beyond following the ILR guidance which informed my presented docs.

Although, the CW admitted: that foreign earnings was acceptable for tier 1 but she didn't realise I had foreign earnings on my SA during her checks with HMRC.

Sorry for rambling...

Thanks for all your help!

[ilrapplicant101]

@maurynclk
Can you please tell us what was the difference in amount on your 2nd extension that you shown to HO & HMRC submission? is it £67/-??

[maurynclk]

Because my net foreign earnings is independent of my uk earning from self employment, the net for UK earning is £67 and net for foreign earning taxes from source is £4420 in 2012/2013 & £2380 in 2011/12.

[maurynclk]

***£2830 - typo

[ilrapplicant101]

I am not no expert but it sounds like you need to provide more paper work and/or explain it on the Admin review to clearly state that its a foreign income & CW has over seen that part...

[maurynclk]

Thats right @ ILRapplicant01...I have done the admin review but not heard from the UKVI, all paper work showing genuine employment - subcontractor agreement and taxes paid abroad are here and my solicitor has requested that I make a fresh application so as no to take the chance, because they might maintain in the AR, obviously, there haven't got additional documents anyway. With an acting legal rep plus additional representations we might be successful. Well, expensive as it is for us now, I'm making the application before the expiration of my tier 1 extension before the 29th of Feb.

I have my appointment with the solicitor tomorrow hopefully from his experience, he'd be doing a good cover letter with clearer explanations.

Overseas earnings were acceptable and allowable in tier 1...so we're hoping to be fine!

PS - I have also added professional quals as evidence to have done the work on the project support role.

Hopefully, I'd be successful this time...little did I know I should have included this in the first application.

[ilrapplicant101]

@maurynclk

Good luck with it & let us know the result.