Tier 1 General Renewal Refusal

[frustrated.angry]

Hi there good people. I hope there are a few of you out there with bright ideas or some pointers to help out in my recent predicament.

I applied for a renewal of my Tier 1 General Visa on the 25th May, got a refusal a couple of days ago and you can only imagine the frustration etc.

The reason for refusal per the letter

You have claimed 20 points for previous Earnings under paragraph 245..Appendix A of the Immigration Rules

On the basis of the documents you have provided, however, the secretary of state is not satisfied that these meet the requirements specified under Appendix A of the Immigration Rules and you do not qualify for the award of 20points in this area.

In line with Appendix A of the Immigration Rules we have therefore been unable to award any points for previous Earnings under Attributes.

The reasons for the decision are detailed below.

You submitted an accountants letter and invoice summary sheet as evidence of your self employed earnings.

The accoiuntants letter and invoice summary sheet that you have supplied do not meet the requirements specified under Appendix A for the following reasons.

The accountants letter you have provided is not acceptable as it does not state the gross and net earnings which you have received. Furthermore, the invoice summary sheet provided has not been printed on your accountant's company headed paper and it has not been stamped by them to confirm they have produced this document.

You have also failed to provide sufficient evidence that you have been paying class 2 National Insurance contributions.

We have therefor been unable to award points for Previous Earnings under Appendix A

Basically the summary sheet they are referring to was just for explanation purposes prepared by the accountant as was like a second sheet. The accountants letter did state gross pay but not net as my income was from both self employment and also employment from 2 other sources

I have been given a right to appeal.

Any advice would be greatly appreciated and if any one has been faced with this or similar situation and how they went about it and what the outcome was

Thanks in advance and please feel free to ask any questions if you don't understand any of the above.

Many thanks in advance

[muraxza]

Please list in detail which documents you submitted with your application as a self employed you supposed to provided following documents:
Income statement
Balance sheet
Personal statement
Business statement
Invoices
Accountant letter with summary
Last 2 Class 2 NIC bill with a eveidence that it was paid through bank or by cash.

[frustrated.angry]

Hi Blocked Username

I forgot to submit the class 2 Nic. I had up until the 31st July to pay. Their refusal was based partly coz I didn't prove I was paying this and also accountants letter didn't have gross and net pay. The letter did have gross but no net and the second Page which contained summary was not on headed paper. My question now is would they accept another letter from my accountant and prove that I have paid the class 2 NIC bearing in mind that I have only just paid and on time too.

[muraxza]

Well entirely depends on judge cuz mostly the judge only consider documents which were provided at the time of decision but you still have very bright chances that your appeal will be through provided that if you paid your NIC through bank and shud be reflecting in your bank statement but cash would be fine too I think and gross income should remain the same and then calculate your net income as being a self employed they only see the net income and as an employee they consider a gross

[frustrated.angry]

Thanks again, I hope so, seeing as the judge does not consider new evidence how do i prove the NIC contribution payment? Also will it be a problem that I have only recently paid it. Deadline was not until July 31st anyway

[muraxza]

If you have paid in bank through cash so your bill should be stamped and dated and if you have paid through direct debit so should be coming up in your statement so whatever be method you paid bill just present it with bill dont worry about late payment as they only want a document.

[frustrated.angry]

thanks bro. I paid at the post office so will use the receipt I was given

[muraxza]

You would need a NIC class 2 bill to show them not a receipt

[mharoon79]

You would need a NIC class 2 bill to show them not a receipt

Hi. What I understood from the thread that Accountant letter and invoice summary would not be enough. The accountant letter , profit loss account , invoice summary and bank statement are needed for supporting documents. How the caseworker satisfied if you provide only the accountant letter and invoice summary. Invoice summary should reflect or reconcile all the income which are debited in your account.

[frustrated.angry]

I think at the moment the major issue for the appeal will be the class 2 NIC as have been talking to a few people and they say the Judge won't accept any new documentation and every decision will be based on the already submitted documents

[mulderpf]

That's correct. The point of an appeal is to deal with incorrect decisions made by caseworkers based on what they were given. It is not supposed to be the immediate course of action for any refused application, although, it's become this, because appealing is free. If you didn't submit all of the required documentation, then you should rather reapply than appeal, as the original decision would be correct based on what the caseworker was presented with.

[frustrated.angry]

They requested proof of payment which I didn't have coz I had not paid so I couldn't submit what I didn't have. Does that make any sense? I received a bill from hmrc and had till the 31st of this month to pay. Question is there a requirement that I had to explain this to them?

[deep12]

Hi I am sure he won't be able to change or go for any other accountant ? or can he ...

I just don't believe the accountant failed to provide the covering letter on his/her letterhead. ..


Mate .. please check - if he is really an accountant or just an acca with with a laptop running show ?

take some professional advice... either be it on phone or paid conversation. If i was you , i'd be very careful in cross checking it with a experienced solicitor.

Papers and doc. need to be right .. but the experience is key here i guess.

Good Luck and i hope you will come online sometime after few days .. and will say .. hey guys got it approved

Take care buddy