Refused due to self-employment break down.

[cheekyvirgin]

I need urgently help as my visa was refused and i have 7th of July to appeal for.

I claimed my salary for 35k from 2 different sources, one from my employment and second from my self-employment;

I have claimed £22,508 from employment and £12,774 from self employment.

Visa officer stated the reason of refusal as below.

* You have claimed points for the earnings if £12,774 from self-employment as an IT Consultant and have supplied accounts and an accountants letter from ABC Soultions, Invoices, bank statements, An SA250 from Hm Revenue & Customs and national insurance contribution bill as evidence of these earnings.


* The account letter you supplied does not meet the requirements because it it does not include sufficient breakdown of your self-employed earnings.


* Self-employed application are required to provide two additional documents listed in paragraph 142 of the Tier1 General guidance. You have provided the letter from HM Revenue & Customs which is acceptable. However, the National Insurance contribution bill is not acceptable, it does not confirm that you are registered as an employer to pay PAYE and National insurance number.

* You have not provided sufficient evidence that you are registered as self-employed, We have therefore unable to include the previous earnings to claim from self employment.

* We have only been able to corroborate earnings of £22,558. We have therefore unable to award points.

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Accountant gave me 2 letters as follow.


1) My Tax office details with my UTR Number

and confirming my total Gross and total Net i have earned.


2)expenses letter which includes , telephone expenses, travelling, orint postage and general expenses.


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Please help me with that as main problem was with the breakdown from account letter which did not specify properly.


I just had a appointment with a solictor but he is asking so much money which i cant afford and thinking about the appeal myself as i have to resend the letter of breakdown and proof of self employment. ( Any other proof you can advice)

Please advice me what do and as a proof of self employment i have sent my UTR number letter from HM revenue as proof.

My Tax dead line is 31st October 2010 or if i do it online then its 31st January 2011.

I want to send appeal myself as it looks straight forward and want to save my money.

Please advice.

[John]

My Tax dead line is 31st October 2010 or if i do it online then its 31st January 2011.

Exactly, those dates are a deadline. There is nothing to stop the return, including the Self-Employment details, being filed as soon as you know all the details.

Filing the return earlier than the deadline does not make the tax payable any sooner (unless you have claimed a reduction in Payments on Account, that it now turns out you were not justified in claiming).

[cheekyvirgin]

My Tax dead line is 31st October 2010 or if i do it online then its 31st January 2011.

Exactly, those dates are a deadline. There is nothing to stop the return, including the Self-Employment details, being filed as soon as you know all the details.

Filing the return earlier than the deadline does not make the tax payable any sooner (unless you have claimed a reduction in Payments on Account, that it now turns out you were not justified in claiming).

Thanks for your reply John,

Just a quick one i have earned £12,774 after the expenses so this is a net amount.

The amount after the taxation would be considered by Homeoffice or the above amount would be considered as this amount is after the expenses.


Secondly please advice me what documents should i send as i have very less time left to appeal.

Your help will be appreciated.


Thanks

[John]

Just as employment income is considered before any deductions for tax (& NI), the same is true for self-employment. But as regards self-employment, the amount of income is the net profit, after deduction of expenses incurred in earning that net profit.

So on the figures you have given, £12774 is the amount of self-employment income.

[cheekyvirgin]

Just as employment income is considered before any deductions for tax (& NI), the same is true for self-employment. But as regards self-employment, the amount of income is the net profit, after deduction of expenses incurred in earning that net profit.

So on the figures you have given, £12774 is the amount of self-employment income.

Hi John,

Above income is my net profit after all the expenses.

Please advice as i am really sleepless, guide me through my appeal.

Cheers

[Globe]

Hi,

My personal suggestion is you can appeal yourself. You can get a detailed letter from your accountant as requested by UKBA. Everybody thinks that the solicitors are doing better. They rob the money but nothing do seriously.

[John]

I agree, I think you should appeal.

There are some odd features in the refusal letter, for example :-

However, the National Insurance contribution bill is not acceptable, it does not confirm that you are registered as an employer to pay PAYE and National insurance number.

You are claiming self-employment, but many self-employed people do not employ anyone.

Are you operating your self-employment through a Limited Company? A company you own and are a Director of? Is yes the comment would make sense, but if no, it makes no sense at all.

[cheekyvirgin]

I agree, I think you should appeal.

There are some odd features in the refusal letter, for example :-

However, the National Insurance contribution bill is not acceptable, it does not confirm that you are registered as an employer to pay PAYE and National insurance number.

You are claiming self-employment, but many self-employed people do not employ anyone.

Are you operating your self-employment through a Limited Company? A company you own and are a Director of? Is yes the comment would make sense, but if no, it makes no sense at all.

Hi John,

I am not operating self employment through a Limited company. It is only the private work i have done for 5 different people who own small business and they paid me money by cheque into my account.

The National insurance bill we are talking about is that when i got register with the HM Revenue they sent me a letter of UTR Number and NI contribution which i have to pay by july as i am registered as a self employed. So i thought to send it along my application so they can see i am a proper self-employed and willing to pay every thing.


Please advice me what documents should i send along my appeal and i would be really greatfull if you can send me a sample of how to write an appeal.

You can either send me on my email on aly@london.com if possible.
God Bless you All.