tier 1 general refused please guide

khaleeque · Post by **khaleeque** » Thu Jun 16, 2011 6:27 pm

I applied for tier 1 general with foriegn income and it was refused with following reasons.

As evedence of your previous earning from your company you have provided accountants letter and your company accounts.

the two pieces of evidence you have supplied donot corroborate each other because the letter from your accountant does not state either the gross or net profit.
furthermore, it does not state that accountant are members of a registered body or list that body.

as my accountant from pakistan and i asked him to show net and gross income on letter and write registration number but he said we dont do it here and if someone wants to varify us they can check from accounting body in pakistan. He said that is how we do this.

as i have still valid leave to remain they didnt give me any appeal right. Is it worth going for judicial review.
please guide.

khaleeque · Post by **khaleeque** » Thu Jun 16, 2011 6:44 pm

further more gross and net income are not on accountant letter but its clearly shown on income statement. Accountant was not agreed to give me registration number because he says thats how it work in pakistan and he said they can call me or varify it from accountant body in pakistan .

please advise

Celtic · Post by **Celtic** » Thu Jun 16, 2011 7:32 pm

Rules are guidance is clear. Your only option is make a fresh application and follow the UKBA's guidelines.

khaleeque · Post by **khaleeque** » Thu Jun 16, 2011 7:34 pm

i cant apply again as tier 1 gen is closed now.
but how on earth i can give something from pakistan where they have totally different rules.

rizwan567 · Post by **rizwan567** » Thu Jun 16, 2011 8:09 pm

Please confirm all the the documents you provided to claim points for earnings. Accurate advise can only be given after knowing this.

khaleeque · Post by **khaleeque** » Thu Jun 16, 2011 9:44 pm

for foriegn income i provided

accountant letter
income statement
balance sheet
fixed asset schedule
invoices from pakistan
bank statement
agreement with third party to whom i provided services
national tax number
letter from bank

gross and net income are shown in income statement but not in accountant letter also he didnt write any registration number with accounting body in pakistan because he said it can be verified from website.

please advise should i go for judicial review.

rizwan567 · Post by **rizwan567** » Thu Jun 16, 2011 11:27 pm

The main point here is the 'registration of accountant with required body'. Onus is on applicant to prove that accountant is registered, not on UKBA to search this.

If accountant did not provide you with any document confirming then why did you not provide printout from relevant website confirming the registration of accountant up to the required standard.

Your accountant said this, your accountant said that but you suffered in the end. So you should have taken this matter seriously. Accountant is not immigration consultant, does not know the rules and regulations of UKBA.

Although you do not stand a much chance and provided you can afford then hire a good lawyer and go for judicial review.

khaleeque · Post by **khaleeque** » Thu Jun 16, 2011 11:35 pm

i totally agree with you rizwan its totally my fault. But is their any chance if i go for judicial review becuase i totally agree with what you are saying. I have been living legally in uk for the last 5 and half years and its was my negligence that leads me to this situation and they dont accept any new evidence anymore so even if i hire good lawyer will their be any chance on judicial review.

ti_abbasi2002 · Post by **ti_abbasi2002** » Fri Jun 17, 2011 4:34 am

sushdmehta wrote:
pradhaa wrote:What would be approximate cost for the judicial review. I want to appeal because
Found the following on the net:
The cost of bringing a judicial review claim is considerable: in the region of Â£10,000 to Â£20,000 for a straightforward case, higher for a more complex matter. If the claimant is unsuccessful, they are likely to be liable for the defendantâ€™s costs as well as their own. They are therefore looking at a legal bill of upwards of Â£30,000 if they lose, and they must be prepared for this eventuality, bearing in mind the unpredictability of judicial review proceedings and costs orders.
An old document (2007) but guess it is good enough to give you an idea!

pradhaa wrote:I am UK based employee since last 5 years , but way from UK for 4 months for company work.
What evidence did you provide to prove this "company work" outside the UK? Were you being paid in the UK during this time? If not, then why not - if you were employed by a UK based company and the absence was due to a "fixed term overseas assignment"?

http://www.immigrationboards.com/viewto ... ceba7157b2

JR JR..... but bear the cost in mind.

khaleeque · Post by **khaleeque** » Sat Jun 18, 2011 1:27 am

thanks for reply ti-abbassi

any chance if i go for jr in your opinion. will it be new evidence if i tell them the accountant registering body.

Post by **geriatrix** » Sat Jun 18, 2011 4:33 am

1. JR can only help if the decision is unlawful - which it is not.
2. Do you have 10-20 thousand pounds to spare on a JR?

khaleeque · Post by **khaleeque** » Sat Jun 18, 2011 12:48 pm

i agree with you that decision is not unlawfull but i will provide evidence for geniuneess of my accountant by giving his registration number and net and gross profit already shown in income statement on accountant letterhead with his stamp and signature.

so that is not new evidence and thats the practice they follow in pakistan they dont give registration number and format for accounts is what they have given me in accounts.

so what you say worth going for jr or not

khaleeque · Post by **khaleeque** » Wed Jul 27, 2011 9:31 pm

By the grace of Allah i have recieved my visa today after i send preaction protocol letter to ukba.

Never listen to what others say take the chance. If i would have listened to others i would be leaving this country soon but i took the chance and decided to go for jr because all my documents were geniune.

Anyways thanks everyone for your help and support.

GM_27 · Post by **GM_27** » Wed Jul 27, 2011 11:53 pm

Congrats mate.

Please tell me process to go for JR and how much did it cost you.

please suggest the solicitor you used for JR.

fasdone · Post by **fasdone** » Thu Jul 28, 2011 12:30 am

khaleeque wrote:By the grace of Allah i have recieved my visa today after i send preaction protocol letter to ukba.

Never listen to what others say take the chance. If i would have listened to others i would be leaving this country soon but i took the chance and decided to go for jr because all my documents were geniune.

Anyways thanks everyone for your help and support.

Great bro Congrats.

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tier 1 general refused please guide

tier 1 general refused please guide