ILR refused after deferring@peo, no right to appeal(HSMP-JR

imdabs · Post by **imdabs** » Thu Jun 20, 2013 10:59 am

Hi,
I applied at Croydon PEO on 11th April (HSMP JR), on that day they deferred for want of proof that I was economically active on the day I completed 4 years in the country. I did send them my accountant's letter and SA302 for that year confirming I was economically active.

Today i got refusal and they say

"we have confirmation from other UKBA department confirming that you were not economically active at this time from April 2010- April 2011. "

And as I have month and half remaining in my Leave to remain they did not give me right to appeal.

What are my options now?? how to find about this ""UKBA department" and why did it thought so?? Would sar bring something??

Sahib · Post by **Sahib** » Thu Jun 20, 2013 12:40 pm

Hi, sad to hear.

Under which visa category you applied for ILR?

imdabs · Post by **imdabs** » Thu Jun 20, 2013 1:59 pm

Sahib wrote:Hi, sad to hear.

Under which visa category you applied for ILR?

SET(O) on completion of 4 years as HSMP (judicial review)

imdabs · Post by **imdabs** » Fri Jun 21, 2013 9:23 pm

I have done some research around thought not much info.. but from what I see JR is the way to go.. does anyone know, what is the best way to go??

goldfish · Post by **goldfish** » Sat Jun 22, 2013 2:42 pm

What was your work situation from April 2010 - April 2011 (employed, self-employed, contracting, ...)? Maybe the other department is HMRC and they don't have a record of you paying taxes etc over that period?

imdabs · Post by **imdabs** » Sat Jun 22, 2013 10:06 pm

goldfish wrote:What was your work situation from April 2010 - April 2011 (employed, self-employed, contracting, ...)? Maybe the other department is HMRC and they don't have a record of you paying taxes etc over that period?

I was self employed.. though that year went in loss.. but i did provide Accountant's letter and books of that years to show.. but economic activity does not mean I have to be in profit.. it means I have to be in business..
though there is one more trouble... in my business I get paid via paypal and I pay to my suppliers via paypal (cheaper and faster than integrating credit cards in website) so I could not provide original bank statement.. Anyone else faced that??

goldfish · Post by **goldfish** » Sun Jun 23, 2013 12:19 am

I agree that "economically active" doesn't mean "in profit" (or even in employment). However, UKBA does not always correctly apply the rules which may have happened in this case. I suspect the "other department" is HMRC and I've read on other threads that you can get your records from them. I'm not sure how, and I'm sorry I can't help more. All the best with your case.

londener · Post by **londener** » Sun Jun 23, 2013 5:35 am

Its very sad news for all of us .
What sorts of earning and payment statement did you provide?
They may not take as a proof of business transaction without a bank statement ? . Bank statement of account is necessary as per the policy guidance I think so.
Please share more.
Londener

londener · Post by **londener** » Sun Jun 23, 2013 5:47 am

Have you supplied a HMRC letter showing your UTR on that ?
A latest invoice and payment of class-2 insurance would work best to prove that you are self employed.In my opinion they did not consider that you were self employed .A accountant letter and SA302 is not a sufficient documents to prove that you are self employed.

1. Invoices.
2. Payment on your bank account.
3. Class-2 national insurance payment.
4.HMRC letter showing UTR .
5.An accountant letter confirming transactions.
If you had submitted all I think you still can challenge requesting them to review the case.
Please take this not as a professional advice .It is what I perceive from my understanding.
Londener

imdabs · Post by **imdabs** » Sun Jun 23, 2013 1:08 pm

@Londoner, I think SA302 is proof itself of UTR (because you can't file SA302 without UTR)

1. Invoices .. i have those (loads of them for both buyers as well as sellers but was not sure if they would help if accountant's letter did not)

2. Payment on your bank account.. there is not much.. it is mostly in paypal account

3. Class-2 national insurance payment .. i can find that but I am sure they must have record of that if they can find my other documents from HMRC.

4.HMRC letter showing UTR .. I can but not sure if that would help.. as sa302 is for self-employed

5.An accountant letter confirming transactions.. I did provide but seems they are are looking at and giving more weightage to this hmrc or whatever report is..

But apart from the above link... main question is how should I proceed... refile?? get extension ??

shahjee11 · Post by **shahjee11** » Sun Jun 23, 2013 1:58 pm

I think the important point we are missing in all this discussion is that UKBA could not get confirmation from HMRC that the OP was financially active during that tax year. I agree that financial activity does not mean being in profit but you are still required to submit your tax return even if you were in loss. I have a strong feeling that HMRC might not have your tax return for that particular year which is crucial evidence.

imdabs · Post by **imdabs** » Sun Jun 23, 2013 5:40 pm

@shahjee11

SA302 is your calculation of tax for that year (for self employed) SO they have my tax return.

londener · Post by **londener** » Mon Jun 24, 2013 12:16 pm

Hi
Caseworker normally doesn't know everthing they just want documents according to the policy guidance where you need to produce two supporting docs.apart from invoice and accountant letter which are hmrc welcome letter as a self employed showing utr and a class 2 ni contribution.They don't think of us but written documents.
Previousely my extension was refused because class 2 ni contribution was not regarded as a supporting doc.according to policy guidance now it is most important .Previousely they counted Sa302as a supporting doc .now its just an additional.
Sorry for bad happening .

imdabs · Post by **imdabs** » Tue Jun 25, 2013 9:02 pm

londener wrote:Hi
Caseworker normally doesn't know everthing they just want documents according to the policy guidance where you need to produce two supporting docs.apart from invoice and accountant letter which are hmrc welcome letter as a self employed showing utr and a class 2 ni contribution.They don't think of us but written documents.
Previousely my extension was refused because class 2 ni contribution was not regarded as a supporting doc.according to policy guidance now it is most important .Previousely they counted Sa302as a supporting doc .now its just an additional.
Sorry for bad happening .

Thanks Londener.. can you please give me the link to the policy documents.
thanks in advance for the help.

imdabs · Post by **imdabs** » Thu Jun 27, 2013 12:50 pm

Does anyone knows where I can find the policy guidance for economic activity?? my google skills have failed.

Thanks

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ILR refused after deferring@peo, no right to appeal(HSMP-JR

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