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HSMP to Tier 1 extn rejected

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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saratbabu07
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Posts: 142
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HSMP to Tier 1 extn rejected

Post by saratbabu07 » Fri Nov 06, 2009 11:16 am

Hi all,
I applied for my HSMP to Tier 1 extn ;
Application sent - 26th Sept
Application delivered to HO - 29th Sept
Fees deducted - 29th Sept
Reference letter received - 05th Oct
Docs received: 06th November
Decision: Rejected

Points claimed - 85

Age- 20
Qualification- 30
Previous earnings- 30 (0 points awarded)
UK experience - 5

I had claimed points for earnings for period (19th january 2009 to 15th September 2009). I am self employed and had provided the original bank statement for the above said period and letter from the accounts. But the HO have not awarded any points for this section.
As my current visa has expired and I am given the right to appeal, could someone guide me on this process?

Many thanks

innocentdevil
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Posts: 1151
Joined: Thu Aug 27, 2009 9:58 am

Post by innocentdevil » Fri Nov 06, 2009 11:19 am

hi mate,
what are the grounds of rejection? please post here and seniors will help.

Sushil-ACCA
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Location: Wembley Park

Post by Sushil-ACCA » Fri Nov 06, 2009 11:36 am

IF u have given only letter from acctn

very high chances for rejection


but if u have give

ACCTS -PL AND BS

Sales summary on acctns letterhead

Income from self emp on accnts letter head

accnt should be qualified (CA/ACCA)

THEY have no reason to reject but to ask query on based of above documents

I have mentioned this many times that follow this standard procedure .


Awaitng more info on yr case

saratbabu07
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Posts: 142
Joined: Wed Sep 13, 2006 12:09 pm

Post by saratbabu07 » Fri Nov 06, 2009 11:59 am

19th january 09 - 12th April 09 - Letter from my account (statement of earnings)
13th April 09 - 15th September 09- Letter from my limited company's Tax assistant (statement of earnings), as they are in their first year of trading they haven't got a accountant yet (in the process of appointing one).
Do you think this could be the reason?

Sushil-ACCA
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Joined: Wed Apr 02, 2008 2:47 pm
Location: Wembley Park

Post by Sushil-ACCA » Fri Nov 06, 2009 12:43 pm

saratbabu07 wrote:19th january 09 - 12th April 09 - Letter from my account (statement of earnings)
13th April 09 - 15th September 09- Letter from my limited company's Tax assistant (statement of earnings), as they are in their first year of trading they haven't got a accountant yet (in the process of appointing one).
Do you think this could be the reason?

You created unnessary trouble for yr self , now have to get it out by geeting all abovementioned items and fight in court

if u can mentione yr action line than we can guide u how to get out of this problme

rice_porridge
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Post by rice_porridge » Fri Nov 06, 2009 5:57 pm

Sushil-ACCA wrote:IF u have given only letter from acctn

very high chances for rejection


but if u have give

ACCTS -PL AND BS

Sales summary on acctns letterhead

Income from self emp on accnts letter head

accnt should be qualified (CA/ACCA)

THEY have no reason to reject but to ask query on based of above documents

I have mentioned this many times that follow this standard procedure .


Awaitng more info on yr case
Hi, what does PL mean? Thanks

Sushil-ACCA
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Location: Wembley Park

Post by Sushil-ACCA » Fri Nov 06, 2009 6:24 pm

profit and loss account

gmuralik
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Contact:

Post by gmuralik » Sat Nov 07, 2009 11:51 am

Hi,

My situation was exactly as yours when i had applied for Extension. HO rejected my based on previous earnings and maintenance funds factor.

I have taken help of lawyer(not desis) for appeal and good thing to know is that i have won the appeal. I had to show every proof when i went appeal. I attend appeal near Heathrow.

Let me know any help you required. i would suggest you to consult the lawyer as they know the wordings to appeal for letter. My lawyer also drafted a letter and sent all the proof before my appeal date. so in a way they were really professionals.

saratbabu07
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Posts: 142
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Post by saratbabu07 » Mon Nov 09, 2009 10:34 am

The reason for rejection is:-
The statement of earnings i submitted as proof of earnings was from Tax team of my limited company and not from the accountant. But the HO wanted a letter from the accountant.
I'd been going through the guidance notes and noticed that on page 26, it says for self employed, a letter from the applicants 'managing agent' or 'accountant' confirming the earnings.
Now my limited company have an accountant appointed and the accountant is able to provide me the statement of earnings, could i use this evidence for my appeal? Would the judge consider my appeal, i admit that it was my failure to submit the statement of earning from the accountant, but at the same time it was lack of understanding of the term 'managing agent' on the guidance notes?
19th january 09 - 12th April 09 - Letter from my account (statement of earnings)
13th April 09 - 15th September 09- Letter from my limited company's Tax assistant (statement of earnings), as they are in their first year of trading they haven't got a accountant yet (in the process of appointing one).
Do you think this could be the reason?

saratbabu07
Member
Posts: 142
Joined: Wed Sep 13, 2006 12:09 pm

Post by saratbabu07 » Mon Nov 09, 2009 10:35 am

hi gmuralik,

I've sent you a pm.

Regards

saratbabu07
Member
Posts: 142
Joined: Wed Sep 13, 2006 12:09 pm

Post by saratbabu07 » Mon Nov 09, 2009 4:37 pm

Could someone please help? :cry:
The reason for rejection is:-
The statement of earnings i submitted as proof of earnings was from Tax team of my limited company and not from the accountant. But the HO wanted a letter from the accountant.
I'd been going through the guidance notes and noticed that on page 26, it says for self employed, a letter from the applicants 'managing agent' or 'accountant' confirming the earnings.
Now my limited company have an accountant appointed and the accountant is able to provide me the statement of earnings, could i use this evidence for my appeal? Would the judge consider my appeal, i admit that it was my failure to submit the statement of earning from the accountant, but at the same time it was lack of understanding of the term 'managing agent' on the guidance notes?

Sushil-ACCA
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Posts: 1234
Joined: Wed Apr 02, 2008 2:47 pm
Location: Wembley Park

Post by Sushil-ACCA » Mon Nov 09, 2009 5:22 pm

YES U CAN add any documents with yr appeal before last day provided by AIT

See this time u appoint good lawyer and accountnts , ho lawyers r very good to find loophole in documents a small mistake in accounts u may loose case

and a sound doucments can make u laugh

so get all documents peroperly sorted out before last day of providing all facts to AIT .

saratbabu07
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Posts: 142
Joined: Wed Sep 13, 2006 12:09 pm

Post by saratbabu07 » Tue Nov 10, 2009 9:40 am

How do i check or know if a solicitor is good or not? Have any of the members used a solicitor that you could suggest for my case?

Sushil-ACCA
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Location: Wembley Park

Post by Sushil-ACCA » Tue Nov 10, 2009 1:54 pm

Go for top established firms
small or new firms r also good

but top estalished firms have expereince to handle such cases

saratbabu07
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Posts: 142
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Post by saratbabu07 » Tue Nov 10, 2009 3:50 pm

Thanks Sushil. Does anyone know how much will the solicitor charge (fees)?
[
quote]Go for top established firms
small or new firms r also good

but top estalished firms have expereince to handle such cases

rishahid
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TIER 1 Extension - Need to specify Speed Awareness Course?

Post by rishahid » Tue Nov 10, 2009 4:20 pm

Hi All,
I have recently applied for the extension on TIER 1 general from HSMP visa alongwith my wife's application as my dependent. I successfully scored 110 points using the scoring calculator privided by UKBA and categorically provided them with all the necessary and optioncal documents required by them. Some of the details are:

Application Posted on: 5th Oct 09
Application reached on : 6th Oct 09
Fee deducted on: 6th Oct 09

I received a call from Visa officer to send accross my wife's latest photographs (as they were more than a month old) on 21st OCt which I sent on the sameday and eventually reached them on 22nd Oct.Also got confirmation by calling them.

Also, I had attended a Speed Awareness Course (due to going 36mph on 30mph road) on 28th Sep 09 which i have not mentioned in 'E - Personal History' section of the application form due to the fact that I didnt receive any points on my license and paid no penalty. Instead i was offered for this course. Also, it was told to me by the instructor in the course that this wouldnt need to be specified anywhere (unless scpecifically asked) and wouldnt harm my hostory at all.

So far, it has been over a month now since i have sent my application but have not heard from them since 21st Oct.

Could someone tell me what are the waiting times these days and did I do anything wrong by not mentioning about the Speed Awareness Course? The guidance notes, application form or even UKBA website do not mention anything about this issue.

Any replies will be very much appreciated.

thanks and regards

innocentdevil
Diamond Member
Posts: 1151
Joined: Thu Aug 27, 2009 9:58 am

Re: TIER 1 Extension - Need to specify Speed Awareness Cours

Post by innocentdevil » Tue Nov 10, 2009 4:33 pm

rishahid wrote:Hi All,
I have recently applied for the extension on TIER 1 general from HSMP visa alongwith my wife's application as my dependent. I successfully scored 110 points using the scoring calculator privided by UKBA and categorically provided them with all the necessary and optioncal documents required by them. Some of the details are:

Application Posted on: 5th Oct 09
Application reached on : 6th Oct 09
Fee deducted on: 6th Oct 09

I received a call from Visa officer to send accross my wife's latest photographs (as they were more than a month old) on 21st OCt which I sent on the sameday and eventually reached them on 22nd Oct.Also got confirmation by calling them.

Also, I had attended a Speed Awareness Course (due to going 36mph on 30mph road) on 28th Sep 09 which i have not mentioned in 'E - Personal History' section of the application form due to the fact that I didnt receive any points on my license and paid no penalty. Instead i was offered for this course. Also, it was told to me by the instructor in the course that this wouldnt need to be specified anywhere (unless scpecifically asked) and wouldnt harm my hostory at all.

So far, it has been over a month now since i have sent my application but have not heard from them since 21st Oct.

Could someone tell me what are the waiting times these days and did I do anything wrong by not mentioning about the Speed Awareness Course? The guidance notes, application form or even UKBA website do not mention anything about this issue.

Any replies will be very much appreciated.

thanks and regards
you are fine as the speed awareness course is an alternate to 3 points. you pay for the course and avoid the points so you were right for not mentioning about it as you didn't have anything to mention. :wink:

GV81
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Rejected on maintanence funds.

Post by GV81 » Tue Nov 10, 2009 5:07 pm

Rejected on maintanence funds.

HO letter states '' Documents provided do not demonstrate Possession of £800. During the period XX June to XX Sept the balance dropped below £ 800 on two occasions ''

I had submitted my Current account statements which had balance of £ 800 on Month end basis not on all day basis .. I hold my Funds in Savings Account but I could not submit my Savings Bank ( HI Save) Statement since i did have it due to postal strike at time of application.

Home Office had sent refusal Letter stating '' You are not entitled to appeal this decision. Section 82 of the Nationality Immigration and Asylum Act 2002 does not provide a right of appeal where an applicant still has leave to enter or remain in United Kingdom and so entitled to stay here.

I did not get refund of fees. They are suggesting to make new Application.

I have the Savings bank statement from my Bank now which satisfies the maintanence fund criteria . So wanted to know what would be best thing to do

1) Should I do New Application
or
2) Do i have option to appeal on the previous application

Any suggestions on how i should proceed ?

Sushil-ACCA
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Location: Wembley Park

Re: Rejected on maintanence funds.

Post by Sushil-ACCA » Tue Nov 10, 2009 8:40 pm

GV81 wrote:Rejected on maintanence funds.

HO letter states '' Documents provided do not demonstrate Possession of £800. During the period XX June to XX Sept the balance dropped below £ 800 on two occasions ''

I had submitted my Current account statements which had balance of £ 800 on Month end basis not on all day basis .. I hold my Funds in Savings Account but I could not submit my Savings Bank ( HI Save) Statement since i did have it due to postal strike at time of application.

Home Office had sent refusal Letter stating '' You are not entitled to appeal this decision. Section 82 of the Nationality Immigration and Asylum Act 2002 does not provide a right of appeal where an applicant still has leave to enter or remain in United Kingdom and so entitled to stay here.

I did not get refund of fees. They are suggesting to make new Application.

I have the Savings bank statement from my Bank now which satisfies the maintanence fund criteria . So wanted to know what would be best thing to do

1) Should I do New Application
or
2) Do i have option to appeal on the previous application

Any suggestions on how i should proceed ?

MEET HO fund requirements and reapply

saratbabu07
Member
Posts: 142
Joined: Wed Sep 13, 2006 12:09 pm

Post by saratbabu07 » Tue Nov 17, 2009 2:37 pm

My limited company appointed an accountants firm and the accountant have provided me with a break up of my earnings on their headed A4 paper with signature (but no stamp).
The letter shows, weekly break down of my earnings for the claimed period used while applying for my extn. The information on the letter includes (Invoiced date, invoiced amount, amount of money retained for tax, limited company fees, the net amount credited and the date amount credited).

Could someone please advise if this letter is sufficient for my appeal?


Could someone please help?
Quote:
The reason for rejection is:-
The statement of earnings i submitted as proof of earnings was from Tax team of my limited company and not from the accountant. But the HO wanted a letter from the accountant.
I'd been going through the guidance notes and noticed that on page 26, it says for self employed, a letter from the applicants 'managing agent' or 'accountant' confirming the earnings.
Now my limited company have an accountant appointed and the accountant is able to provide me the statement of earnings, could i use this evidence for my appeal? Would the judge consider my appeal, i admit that it was my failure to submit the statement of earning from the accountant, but at the same time it was lack of understanding of the term 'managing agent' on the guidance notes?

saratbabu07
Member
Posts: 142
Joined: Wed Sep 13, 2006 12:09 pm

Post by saratbabu07 » Thu Nov 19, 2009 10:30 am

any help/suggestions- urgent?, i need to sent the AIT form today.
My limited company appointed an accountants firm and the accountant have provided me with a break up of my earnings on their headed A4 paper with signature (but no stamp).
The letter shows, weekly break down of my earnings for the claimed period used while applying for my extn. The information on the letter includes (Invoiced date, invoiced amount, amount of money retained for tax, limited company fees, the net amount credited and the date amount credited).

Could someone please advise if this letter is sufficient for my appeal?



Quote:
Could someone please help?
Quote:
The reason for rejection is:-
The statement of earnings i submitted as proof of earnings was from Tax team of my limited company and not from the accountant. But the HO wanted a letter from the accountant.
I'd been going through the guidance notes and noticed that on page 26, it says for self employed, a letter from the applicants 'managing agent' or 'accountant' confirming the earnings.
Now my limited company have an accountant appointed and the accountant is able to provide me the statement of earnings, could i use this evidence for my appeal? Would the judge consider my appeal, i admit that it was my failure to submit the statement of earning from the accountant, but at the same time it was lack of understanding of the term 'managing agent' on the guidance notes?


Sushil-ACCA
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Posts: 1234
Joined: Wed Apr 02, 2008 2:47 pm
Location: Wembley Park

Post by Sushil-ACCA » Fri Nov 20, 2009 10:37 am

saratbabu07 wrote:any help/suggestions- urgent?, i need to sent the AIT form today.
My limited company appointed an accountants firm and the accountant have provided me with a break up of my earnings on their headed A4 paper with signature (but no stamp).
The letter shows, weekly break down of my earnings for the claimed period used while applying for my extn. The information on the letter includes (Invoiced date, invoiced amount, amount of money retained for tax, limited company fees, the net amount credited and the date amount credited).

Could someone please advise if this letter is sufficient for my appeal?



Quote:
Could someone please help?
Quote:
The reason for rejection is:-
The statement of earnings i submitted as proof of earnings was from Tax team of my limited company and not from the accountant. But the HO wanted a letter from the accountant.
I'd been going through the guidance notes and noticed that on page 26, it says for self employed, a letter from the applicants 'managing agent' or 'accountant' confirming the earnings.
Now my limited company have an accountant appointed and the accountant is able to provide me the statement of earnings, could i use this evidence for my appeal? Would the judge consider my appeal, i admit that it was my failure to submit the statement of earning from the accountant, but at the same time it was lack of understanding of the term 'managing agent' on the guidance notes?


A LOT already discussed , and no meaning repeating same request in tread

chiny4u
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Tier 1 extension rejected because of Accountant's letter

Post by chiny4u » Tue Feb 02, 2010 9:02 pm

Hello Guys,

I just received a letter that my tier 1 extension application has been refused and given a right to appeal before the 16th of feb 2010.

This is the reason:

The two pieces of evidence you supplied do not corroborate each other because the letter from your accountant does not confirm the details provided in your company profit/loss accounts.

The accountant's letter you have provided only confirms your turnover, and does not clearly state your net profit, as specified in the guidance.

No points have been awarded for this area, in line with the published guidance.


Please what do I do? How do I appeal this? Do I get the accountant to write a letter clearly stating my net profit and another letter saying the error was made on his path?

Sushil-ACCA
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Location: Wembley Park

Re: Tier 1 extension rejected because of Accountant's letter

Post by Sushil-ACCA » Wed Feb 03, 2010 10:01 am

chiny4u wrote:Hello Guys,

I just received a letter that my tier 1 extension application has been refused and given a right to appeal before the 16th of feb 2010.

This is the reason:

The two pieces of evidence you supplied do not corroborate each other because the letter from your accountant does not confirm the details provided in your company profit/loss accounts.

The accountant's letter you have provided only confirms your turnover, and does not clearly state your net profit, as specified in the guidance.

No points have been awarded for this area, in line with the published guidance.


Please what do I do? How do I appeal this? Do I get the accountant to write a letter clearly stating my net profit and another letter saying the error was made on his path?
GET AGAIN ACCOUNTS DONE AS PER HO requirments

you will win the case

Never use accountants who dont have knowldge of HO requirements

chiny4u
Newly Registered
Posts: 8
Joined: Tue Jun 09, 2009 10:54 pm

Re: Tier 1 extension rejected because of Accountant's letter

Post by chiny4u » Tue Feb 09, 2010 3:51 pm

Hello Guys,

I have gotten my accountant to give me a letter that clearly states the net profit. I met with an Immigration lawyer and he advised that I make another application,reasons being that if I go to appeal,it will be turned down because of this reason given by the case worker:

The two pieces of evidence you supplied do not corroborate each other because the letter from your accountant does not confirm the details provided in your company profit/loss accounts.

The accountant's letter you have provided only confirms your turnover, and does not clearly state your net profit, as specified in the guidance.

No points have been awarded for this area, in line with the published guidance
. And that bringing another accountant's letter will be bringing a new evidence that was not included in the previous application that was turned down.

He said I have to make a new application. I told him that my visa expired on the 4th of Jan 2010 but he said it does not matter, that the application will be made on exceptional circumstances.
Please guys, is this correct? Do you think I should still go to appeal? Can I make a new application? Please do you know a sound lawyer that could assist me with this appeal please. The appeal is what I want to go for but I am confused with this lawyers advise.

Thanks for your helps guys.

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