tier 1 appeal- source of earnings, accountant letter

[ays2424]

Hello evrybody,

one of my friend applied for tier 1 general (initial applicant) in February 2010 and get refusal in March based on below:
She is a company employee and getting paid in cash. she was claiming the 10 months period from april 2009 to february 2010. She rang the home office to get an advice on the acceptable forms of evidence of earnings and the home office advisor said that 'accountant letter confirming the gross earnings for the the relevant period would be accaptable as an evidence of earnings. As the application made before the tax year ends, there was no tax document available to prove the earnings, so she provided payslips & accountant letter as two different evidence of earnings.
visa was refused because they state that 'accountant letter is not acceptable to prove the earnings'. but also p60 was not available. she appealed on the basis of 'discreation' and the appeal is in july. now she got p60 as well. what additional documents can she prepare before the appeal date and what do you think her chances to win the case?

thank you in advance

[alimohmand]

if your friend was employed by a company why would she need a letter from accountant was she working as self employed or working for her own company?

I am not sure how exactly would this work out, though with P60 as well as payslipsit may well work out. I would also advise when she got paid by cash did she put them in the Bank?
Ideal situation as to put the exact amount in the bank which reflects on your payslip to avoid future confusion anyways that is history.
If you could come up with an answer to my earlier question confirming if she is working in self employment capacity or employee.

[ays2424]

Hi,

She was working for somebody else as a sales manager. At the time she applied(in february 20100 there was no tax document available. she also didn't put the exact amount of money in her bank account. she found it unnecessary to get a letter from employer to prove earnings as she was already providing payslips and there were the same source. In here case the only option was to provide a letter from the employer's external accountant as a second source. she rang the home office on 0870..number maybe 5-6 times to confirm that accountant letter was acceptable as second source and they confirmed it. therefore she was claiming points by providing payslips and accountant letter.
Now p60 available, what other documents do you think will support her case? what is her chance to win?

thank you in advance






[quote="alimohmand"]if your friend was employed by a company why would she need a letter from accountant was she working as self employed or working for her own company?

I am not sure how exactly would this work out, though with P60 as well as payslipsit may well work out. I would also advise when she got paid by cash did she put them in the Bank?
Ideal situation as to put the exact amount in the bank which reflects on your payslip to avoid future confusion anyways that is history.
If you could come up with an answer to my earlier question confirming if she is working in self employment capacity or employee.[/quote]

[rizwan567]

Hello evrybody,

one of my friend applied for tier 1 general (initial applicant) in February 2010 and get refusal in March based on below:
She is a company employee and getting paid in cash. she was claiming the 10 months period from april 2009 to february 2010. She rang the home office to get an advice on the acceptable forms of evidence of earnings and the home office advisor said that 'accountant letter confirming the gross earnings for the the relevant period would be accaptable as an evidence of earnings. As the application made before the tax year ends, there was no tax document available to prove the earnings, so she provided payslips & accountant letter as two different evidence of earnings.
visa was refused because they state that 'accountant letter is not acceptable to prove the earnings'. but also p60 was not available. she appealed on the basis of 'discreation' and the appeal is in july. now she got p60 as well. what additional documents can she prepare before the appeal date and what do you think her chances to win the case?

thank you in advance

I will be in better position to advise if you could post the exact wording of the refusal letter here.....

[ays2424]

here is the exact wording from the refusal letter:

'you claimed 20 points for earnings under appendix A of the immigration rules, but on the basis of the documents you provided you qualify for 0 points. Reasons for this decision:
in order to qualify for the points, it is necessary to provide 2 forms of acceptable evidence to corroborate your claimed earnings. The acceptable forms for salaried earnings are set out in the guidance, they are payslips, employer reference, bank statement and tax document.
You provided 10 months payslips and a letter from a frim of accountants as evidence for your salaried earnings. Furthermore, the letter does not actually confirm your gross earnings for the relevant period and so would have not been sufficient to corroborate your claimed earnings even if could have been accepted. (accountant letter was confirming monthly and annual salary, not indicating 10 months, however monthy salary x 10 could be calculated easily bythe case worker)
We also note that you have also provided bank statements covering the whole period but these do not indicate any payments to your account from your claimed employer or any payments which correspond to the net amounts as stated in the payslips. as such these cannot be considered'

that is all reasons from the refusal letter.
On the ukba website it clearly states that the tax document might not be available atthe time you apply which was not available to my friend when she applied and as substitute she attached accountant letter as advised by the adviser of the ukba.

In some cases I read that p60 and payslips considered as one source, is it correct? If so my friend will possible lose the case at the tribunal on the date of appeal in july. What is an official tax document? p60 will cover 12 months period, but she was claiming april 2009-feb 2010, which tax document will be acceptable and how can that tax document provided??

thanks

[rizwan567]

see your PM inbox.

[ays2424]

does anybody else have comments? if so please kindly share

thanks

[bex_m]

here is the exact wording from the refusal letter:

'You provided 10 months payslips and a letter from a frim of accountants as evidence for your salaried earnings. Furthermore, the letter does not actually confirm your gross earnings for the relevant period and so would have not been sufficient to corroborate your claimed earnings even if could have been accepted. (accountant letter was confirming monthly and annual salary, not indicating 10 months, however monthy salary x 10 could be calculated easily bythe case worker)

thanks

It is not up to the case worked to calculate anything, the applicant must prove everything. It is always up the applicant to prove their case, not the caseworkers.
She should have had the letter state your total gross earnings in that ten month period. Same as if an employer had to write a letter, they would not mention the monthly pay amount, they would have to say, exactly, what she earned in the 12 month period you wish to be considered.

[apatel23]

Hi,
I would like to share my thing with you. I am also in same boat. I got refusal due to same soure of evidence. i got salary in cash. So, i got refusal. But i managed a to get letter from HMRC about my current year tax record. It showed my earning and paid tax amount. It might be you can get help. If you have any other idea or suggesgtion let me know. I have hearing date in August. Please let me know about your movement.

Thanks

[ays2424]

Hi

We rang hmrc and they said they cannot give a letter, they can only give a statement of account. did you mean you get a 'statement of account' from the tax office? we will do the same. the hearing is in july, i will share the result with you. section 85 subsection 4 of 2002 immigration act applies and it makes the case strong. tribunal may consider the evidence available before the date of appeal which was not available when applied for the visa. according to several different solicitors and barristers advise the posibility of winning this case is very high, so thats what we hope!!

[apatel23]

Hi,

YOu are right. It is statment of account. I cannot find section 5, subsection 4 of 2002. If do you have any link than please can you send me. Hopefully we will get postive result.
When do you have hearing date?

Keep in touch.

regards

[ays2424]

here is the link, look at section 85 where it says 'matters to be considered'

http://www.opsi.gov.uk/acts/acts2002/uk ... 20041_en_8

we will appeal at the end of july, so will let you now how we get on

all the best, good luck!!

[apatel23]

Thanks for seding me link

Best up luck.

[apatel23]

Hi,

Wish you all the best.

Hopefully, everything is sort it out.

Let me know about ur result.

thanks

[ays2424]

dear apatel,

if you are still getting paid in cash, make sure you put the money to your bank account when you receive it from your employer, or ask your employer to transfer the money , it will be better if they can transfer. also statement of account is given for the company. there is another document which is available for an employee from hmrc that shows the tax paid. you need to ring hmrc and give them your ni number and request the letter that confirms the tax paid, it should be sama as it is shown on your p60. also if home office rang the company to get a confirmation that you get paid in cash, then you will need to get a witness statement from the person that spoke to the home office's officer. it will help if you can get another letter from the bank before the court date that confirms you still got £800 or over maintanance funds for over 3 months. that's all we prepared, my case is gonna be heard next friday, so i hope everything will go smooth. i will let you know about the decision of the judge.

fingers are crossed!! i deserve to get the visa as i was meeting the requirements of the immigration rules at the time ofmy application, but as it was before the end of annual tax year(i applied in march), there was no tax doc available. so i hope they will take a fair decision!!!

[apatel23]

Hi,

I am sorry to say but i am confuse now. As i explained, i got refusal due to same source of evidence. I worked in one shop last year and she paid me in cash and when i applied for extention. i submitted my Payslips and P-45. According to ECO it is same source of evidence.

But after that i managed to collect P-14 , P-60 form and HMRC letter which explain how much i paid last year tax and how much i earned? It included all cash payment details as well.

And i am not working at that place. So, do you think it is enough documents or do you have any other suggestion for me.? Please suggest me. I have to sort it our my visa.

Best up luck for your firday.

let me know your responce.

regards

[rizwan567]

Hi,

I am sorry to say but i am confuse now. As i explained, i got refusal due to same source of evidence. I worked in one shop last year and she paid me in cash and when i applied for extention. i submitted my Payslips and P-45. According to ECO it is same source of evidence.

But after that i managed to collect P-14 , P-60 form and HMRC letter which explain how much i paid last year tax and how much i earned? It included all cash payment details as well.

And i am not working at that place. So, do you think it is enough documents or do you have any other suggestion for me.? Please suggest me. I have to sort it our my visa.

Best up luck for your firday.

let me know your responce.

regards

You should be alright in appeal. Now you have two evidence from two separate sources.

1. Employer
2. HMRC

But make sure they corroborate with each other. Means should show same figures.

That should not be any problem what so ever if you are not working with the same old employer or even if you are unemployed!

[apatel23]

Hi,

Thanks for replying me. I checked in my all documents(p-14, p-60 andp-45, all pay slips and a letter from Hmrc) and they all show same amount.

Let us see how is going in AUgust.

Regards[/code]

[ays2424]

dear apatel,

whether you work or not at the moment is not important, because your appeal will be based on the period that you applied. whatever the law at the time when you applied, it applies to you.the most important thing is that were you meeting the immigration requirements when you applied??that is what you need to clarify at the tribunal. make sure your solicitor got the tier 1 guidance notes that was relevant for the time of your application. it will help the judge if you include it with the boudle.

they consider p60,p45 and employer letter as same source of evidence, but the hmrc letter will be your second source and if they all show the same figures you should be fine.

i will let you know on friday, hopefully will have good news!!

[apatel23]

Hi,

thanks and best up luck.

please send me ur results.

regards

[ays2424]

hi apatel,

I won the case today!! It was so easy!! we went to tribunal, and when we were waiting to be called the lady from the home office called my solicitor and told him that the appeal has been accepted!! there was no arguments, no hearing!! so they decided by considering the bundle!! My solicitor prepared a great bundle and I believe it made it easy for the judge to decide. I got an excellent relief now..I hope you get the same luck in August!

take care

[apatel23]

Hi Dear,

It is really good news. You gave me good hope.
If you dont mind than please is any chance to speak with you?

i want to talk to you and make more comfortable for hearing date.

If yes, please me provide your number and suitable time.

Once again it is really good

Enjoy your beautiful and brilliant weekend.

regards

[rizwan567]

dear apatel,

whether you work or not at the moment is not important, because your appeal will be based on the period that you applied. whatever the law at the time when you applied, it applies to you.the most important thing is that were you meeting the immigration requirements when you applied??that is what you need to clarify at the tribunal. make sure your solicitor got the tier 1 guidance notes that was relevant for the time of your application. it will help the judge if you include it with the boudle.

they consider p60,p45 and employer letter as same source of evidence, but the hmrc letter will be your second source and if they all show the same figures you should be fine.

i will let you know on friday, hopefully will have good news!!

Good to see that you have got the visa on appeal.

Happy for you!

[apatel23]

Hello Dear,

thanks for best wishes. Is it possible to get list of documents which u had been sent to tribunal? What is ur ground of appeal and what do u think about which r positive point in my case.?

my email address is meshamit@yahoo.com. Now u r successful person in like that case. So please help me. Hope u have no problem about that details.

Regards