ILR refused under 245CD urgent

[kiranv5]

Hi ,

I have received my ILR refusal under 245CD(e) under paragraph 19(i) and 19(j) under appendix A.

The reason.:

The only self employed services you have carried out are development of websites for the above names clients.However when the websites were checked during the consideration of your application (chceked on April 6th 2016 and 26th August 2016) neither website was functional. This information leads us to question the credibility of your employed earnings.

I was self employed with 2 clients Client A and Client B and I have designed client A website and was active last year now the company website is not active now a days. How can i prove that?.
what documents can i provide to prove that I have worked for that website, Can i provide the webpages when it was active. The dns report when the website was hosted?

Client B have a client and I developed their website and it is still active but Client B don't have their own website.

They are ready to provide me any documents I require but I don't know what documents should i provide to
HO to prove I worked for their websites .

I can apply for AR .

Please help me.

Thanks
Kiran

[kiranv5]

HI Gurus,

Any suggetions on this refusal.....

Thanks
Kiran

[monty87]

Can i provide the webpages when it was active. The dns report when the website was hosted?

Client B have a client and I developed their website and it is still active but Client B don't have their own website.

They are ready to provide me any documents I require but I don't know what documents should i provide to
HO to prove I worked for their websites .

Have you been interviewed about your self employed earnings and did you present supporting documents at the time of interview to show genuineness of self-employed earnings to satisfy caseworker? Just a DNS report and report of active pages will not add much weight, you should provide copy of invoices, contract letters and company information, bank statements, client communication, confirmation of period of employment etc to prove you worked with them at the time.

19(j) Your declared income is also not consistent with HMRC. I would recommend to seek legal advise to prepare your stance in JR if AR is refused. Home Office generally maintain their decision in AR.

[kiranv5]

Thanks Monty,

I have already provided them invoices and bank statements with my ILR application.
I will provide contract,confirmation of period employed, and client communication details, company infomartion.

Monty, If AR is refused , and I apply for JR, Can i continue working or not?.


Thanks
Kiran

[monty87]

Unfortunately not. With changes in Appeal right section of Immigration Act in April 2015, applicant has no right to live or work in UK while they are undergoing appeal process as it used to be in immigration act 2014 - This is the implication of Judicial Review. If you do not have valid leave, your 3C leave will finish and you will be considered an overstayer from the time you receive AR result if its negative.

If JR is successful, your overstayer period will be considered valid and you can claim reasonabe costs from Home Office.

[mianzaidzubair]

Always good to include a confirmation letter of payment of invoice from the client with the original application. If you have this then this counts as the third (additional) evidence along with accountants letter and bank statements.

AR will not allow you to do provide additional evidence so the best you can do is provide a detailed explanation. If it doesnt work, make a fresh application with the confirmation letter from client of the work done and payment made.

Good Luck

[longhorn]

Is it still your responsibility to maintain those websites ?

The refusal sounds extremely ridiculous to me. I am a software and web developer and I completely fail to understand what HO are trying to prove through nonfunctional websites. As a software/web developer, your duty is to develop a website for your clients. If they only ask you to develop a website and not to continually maintain it, your work ends when you deliver them the website. Whether its still functional or not is your client's business and has nothing to do with you unless you are still charging them to maintain the website. The website not being functional and accessible on the world wide web doesn't prove that you didn't develop them.If you client later doesn't continue to pay for his domain, how could this cast a doubt on the work you did for them ? ridiculous as I said!. Get a signed declaration from your clients (preferably witnessed by a solicitor) confirming that you developed websites for them and that hopefully should suffice.

[longhorn]

If you have this then this counts as the third (additional) evidence along with accountants letter and bank statements.

It may arguably be a good practice to provide additional documents as "third" evidence but from legal point of view, if you just provide the required documents as specified in the policy, HO shouldn't refuse you on the basis of lack of evidence. If they require any additional documents, they should ask you instead of refusing you.

AR will not allow you to do provide additional evidence so the best you can do is provide a detailed explanation. If it doesnt work, make a fresh application with the confirmation letter from client of the work done and payment made.

There's a difference between "new" and "additional" evidence. If you provided all the required documents and HO refused you raising a doubt on the genuineness of your business, you "may" still be able to submit further documents as prove to support genuineness of your income.

[kiranv5]

Thanks Longhorn,

I agree with you totally, I have proof of webpages when they are developed and handed the client it was active last year after 15months later when they asked me why the website is non functional then I cant prove it that not my website nor do i host it, They client provided me a letter saying MR X has done this website and delveried the project and these are his invoices been paid. This is the duration of project.
I am also attaching webpages .
What else can I provide ? I am losing hope and different solictrors have different opinions I don't how to prove them.

Thanks
Kiran

[kiranv5]

Addition to the above points,

I have already provided submitted my tax returns to the above said work. I got the SA302 from HMRC.


Thanks
Kiran

[mianzaidzubair]

Admin review is only in place to point out any caseworking error that may have resulted in your application being refused. Caseworking error is not considering all the documents or wrong interpretation of the immigration rules. As soon as you provide more documents as part of the Admin Review your review will be refused. You can call it "new", "additional" or whatever documents if you like. I have been through an Admin Review myself so I know this for sure. The rules clearly state that "Don’t send new information or documents for review unless you’ve been asked to."

Your best bet is to reapply with additional documents.

[longhorn]

Admin review is only in place to point out any caseworking error that may have resulted in your application being refused. Caseworking error is not considering all the documents or wrong interpretation of the immigration rules. As soon as you provide more documents as part of the Admin Review your review will be refused. You can call it "new", "additional" or whatever documents if you like. I have been through an Admin Review myself so I know this for sure. The rules clearly state that "Don’t send new information or documents for review unless you’ve been asked to."

Your best bet is to reapply with additional documents.

I do not agree with you on this. The decision is wrong in fact and in law. You don't need to provide any additional documents to prove that your business is genuine. You are only supposed to provide the required documents with an application. If they doubt something they should ask for further documents under evidential flexibility which they clearly didn't. The caseworker has missed a very basic principle that's a part of almost every IT work you do. The developer's responsibility is only to develop the website and certainly not to ensure that it keeps running unless its a part of contract. What the client does with his website is his own business. The OP only claimed income for developing the website not for ensuring that the website would keep working. Even if they don't accept the additional documents, their logic of concluding that the business is not genuine solely on the basic of website being nonfunctional is completely flawed. As OP said, he was only liable to develop the website under his contract with his client. The client may have their own hosting space etc and OP cant be made responsible for what they are doing to their website. OP's responsibility was to deliver a project which he did and reported all earnings to HMRC. you don't really need any additional document to prove that. I would suggest OP to apply for admin review challenging their logic and clearly stating that he was only responsible for development and not for hosting etc.

@OP whether the website was functional or not doesn't prove anything about the genuineness of your business. you need to raise this point in your AR. Briefly explain the software life-cycle to them stating what you did, what you "were" and "were not" responsible for and explain how their method of verifying genuineness is flawed. You don't really need to provide any additional document to challenge their logic. If they don't accept, you can make a new application after the decision of your admin review anyway so why waste this opportunity ?

[longhorn]

Also if they had any concerns about the genuineness of your income, they should have contacted your clients and asked whether the business was genuine or not which they clearly didn't. I myself have developed many websites and some of those companies I developed for have now collapsed and their website doesn't exist anymore. This doesn't mean that I didn't work for them. I have mostly only developed the websites and have delivered them to my clients. Most of them had a contract with a hosting service and I was never responsible for keeping them functional.

[kiranv5]

yeah, the point I am developer from 5 yrs and submitted projects to clients and they host their websites.
I have submitted invoices and they had paid me money. To prove the website is functional is not by job.
In AR if HO requests for extra docs I am gone submit the code and webpages and letter from clients.
Now my question is can HO still change their decisions in AR , I mean now 245CD after submitting can they change it to something new ?

Thanks for the views Longhorn.

Thanks
Kiran

[longhorn]

Now my question is can HO still change their decisions in AR , I mean now 245CD after submitting can they change it to something new ?

In short, yes they can. Regardless of whether its a fresh application or AR, If there are other grounds of refusal, they could refuse you again.

[mianzaidzubair]

You both seem to be missing my point, big time! I am not disputing your income is genuine. I am only saying that in AR you can NOT provide additional documents. If you do, they will refuse it straightaway.

I agree that its not your responsibility to keep the website up after it has been developed. You should say that in the explanation of your AR. But please do not shoot yourself in the foot by sending documents that were not part of the original application. Your review will be refused straightaway. That is a FACT!

[kiranv5]

Hi,

1.Will I get all my documents back if AR refused or only a letter?.
2. Will I get my expired passport back from HO , How can i renew my passport without original one.?

Thanks
Kiran

[Longbattle]

Hi
Sorry to hear about your refusal , both people are right. Better to go for new application. In AR yes you can win the case but its all depends how you or your representer represent your case. Better to go for new application and submit AR as well if you can in that case you will be safe. And if you are from pakistan you can renew your passport online with help of eportal service which is started few weeks ago for overseas pakistani's
Thanks