Tier 1 General:refused and Appeal is on the 20th of April

[pravinboppuri]

Dear All,

I have been posting topics here before and i have got some great responses, I hope you guys can help me one more time.

My application was refused and now i have direct appeal to be heard on the 20th of April. Please find the comments below

1. I did not get any points for my degree: I have provided bachelors degree from JNT university, Hyderabad, India. The reason is because i havent submitted original documents and only provided provisional. I have applied for original certificate from the university, including a letter confirming that my course was based on English, which is on the way from India. this should cover English language points and education points.

2. Main Problem: Didnt get any points for earnings. Please find the reasons below: (Shown past 12 months earnings Jan2010 - Dec 2010) as my visa expired on 20th Jan 2011.

I have shown employed(payslips and bank statements)+self employed earnings(invoices only). Reasons for not scoring any points is because i did not show any bank statements for self employment earnings and no documentation from an accountant.
The reason i didnt show any bank statements for self employment is that money was paid in cash sometimes or to my father in india as the employer knows my family back home, but dont have any documental proof apart from the invoices.

Now i have an accountant who is documenting my tax returns and also a solicitor who has taken up my case. My solicitor has advised me to cease my self employment from jan 2011 and pay the whole tax for the self emp earning after the 5th of April for the period of Jan 2010 to dec 2010, so this will be my second proof of earnings for self employment.

My accountant has come up with two bills for my earnings as i fall in the 2009-2010 and 2010-2011 tax period. The tax bill for 2009jan-2010 march is £1300.00 which i have already paid. The tax bill for 2010 april- 2010 dec is nearly coming up to 4000.00.

Can you please advise if there is any way i can show only initial payments for the £4000.00 as this is costing me too much on top of which i need to pay solicitor fees and accountant fees. And also what are my chances to win the case? even after paying so much.

Experienced and senior moderators please advise?

Regards,

PB

[dreamer86]

sorry to hear...
bit complicated case. as far as i know regarding self employed, you have to show bank statement too where all the money that you receive in cash was deposited in bank.
being self employed, to verify that earnings are correct accountant should make profit and loss account where they can show your NET PROFIT.

on the hearing day make sure you take all the invoices you have and you original certificate which is on the way. if you can go to some accountant and tell them to make P/L so that atleast you can show on appeal day.

this is what i know and i would have done i were you. i think senior can advise/explain properly.
good luck.

[KDS]

any one could do a invoice, that does not prove a earning. I could send invoice to any one. if they don't pay worth nothing, companies don't pay cash now days as It's wont leave a audit trail. looks very suspicious make sure u don't get banned for 10 year.

[pravinboppuri]

Hi,

Thanks for your advise, my accountant has prepared all the profit and loss statements. And I have all the genuine docs from inland revenue. I just want to know the chances of winning my case after paying all that money. Senior moderators please help.

The company I was self emp was a small registered company, infact the director is my uncle.

PB

[KDS]

It will be hard to prove. Can u get ur uncle to show his accounts showing money coming out ? May be a letter from him.


Trouble is most T1 applicants who says self employed try this trick. Some put there wife or some ones else money to bank and try and get way with it.

[pravinboppuri]

I have already have a confirmation letter in a company letter head confirming those payments from my uncle. All i need now is a second proof, my solicitor has advised me to cease my self employment, which i did and pay the whole tax for the self employment earnings. This will be a strong second proof. To be honest its costing me very much and all i want to know is what are my chances?
I will take all the necessary documentation in regards to self employment( Accountant profit and loss, invoices, self emp confirmation from inland revenue, NI class 2 tax and any other documents by accountant will provide). Now i'll be spending nearly 5000.00 to pay off all my taxes. So what are my chances to win the case? Has anyone done this before?

Please advise?

PB

[manojk005]

I have already have a confirmation letter in a company letter head confirming those payments from my uncle. All i need now is a second proof, my solicitor has advised me to cease my self employment, which i did and pay the whole tax for the self employment earnings. This will be a strong second proof. To be honest its costing me very much and all i want to know is what are my chances?
I will take all the necessary documentation in regards to self employment( Accountant profit and loss, invoices, self emp confirmation from inland revenue, NI class 2 tax and any other documents by accountant will provide). Now i'll be spending nearly 5000.00 to pay off all my taxes. So what are my chances to win the case? Has anyone done this before?

Please advise?

PB

Anyone can register a company and pay taxes+NI for an employee. Can a company just pay taxes+NI for an employee and declare that amount for which these were paid are their earning? I am not a tax expert but it sound very suspicious! It will be like bribing system for visa.

Plan your appeal from this point also.

[pravinboppuri]

looks like I am in trouble. I will speak to my solicitor on the feedback given and ask him his advise as well. Meanwhile please try to help me with any possible solutions i can do at this stage of the game.

I have a good job and there are plenty of opurtunities for me in the country, i dont want to just give it up and go home. Thanks again for the feedback and please advise any other points i need to be prepared for my appea.

PB

[KDS]

Yea ur tax payment to HMRC doesn't prove any thing. Should change ur Lawyer. So many cheap lawyer advices like this. U better plan to start ur life in backhome.

As I said to u now u should be worrying abt how not to get 10 year banned.

Uncle's letter worth nothing. Trouble is UKBA can arrest ur uncle 4 helping u to say here ilegally. (They won't bother but they can)


Good luck 4 the 20th but If I were u I'll be stop spending all my money on this and go home with what ever I got. All those cases will make ur lawyer rich but u will go home with big loan

Lot of T1s tried Ur thing . If they give u a visa. Then any one could stay on T1

[Celtic]

Don't waste your money. Even with accountant's letter you can't have your earnings colloborated from two sources, hence you will you not stand any chance and court will not decide in your favour.

PS, your case reeks of suspecion and you are likely to be banned from country for 10 years.