Now HO will interview for Tier 1(General) extensions and ILR

[nks]

https://www.gov.uk/government/speeches/ ... n-rules--5

"I will expand the process of genuineness assessments and interviews to Tier 1 (General), Tier 2 (Minister of Religion), and Tier 5 (Temporary Worker) applications for entry and leave to remain"

[AUHS]

Especially Self Employed peoples need to be properly/fully prepared about their documentation and solid proofs to back their earnings.

Getting Tougher for Self check deposits and Transactions from friends ........

[AUHS]

Especially Self Employed peoples need to be properly/fully prepared about their documentation and solid proofs to back their earnings.

Self Employed guys need to pay their previous dues/taxes on claimed earnings to HMRC before any further application.

Getting Tougher for Self cheque deposits and Transactions from friends ........

[tripple]

But is it starts from 1st October 2013 any?so if someone send application before 1st October 2013 then it's not gonna effect any? Need help guys pls

[JaySam]

There are Lots more changes other than Tier 1 (General) Interview, which can potentially effects Tier 1 General FLR and ILR.

In future applications they can

1) Call any Tier 1 application for interview weather postal or PEO Services
2) Check Previous Application's Income claimed and there Relevant Tax Returns with HMRC
3) Business Activity and previous immigration history


As by the Statements of Changes


In Appendix A, after paragraph 19(h), insert:

“(i) The Secretary of State must be satisfied that the earnings are from genuine employment. If the Secretary of State is not satisfied, points for those earnings will not be awarded.

(j) In making the assessment in paragraph 19(i), the Secretary of State will assess on the balance of probabilities and may take into account the following factors:

(i) the evidence the applicant has submitted;

(ii) whether the money appears to have been earned through genuine
employment, rather than being borrowed, gifted, or otherwise shown in
the applicant’s financial transactions or records without being earned;

(iii) whether the business from which the earnings are claimed can be
shown to exist and be lawfully and genuinely trading;

(iv) verification of previous earnings claims with declarations made in
respect of the applicant to other Government Departments, including
declarations made in respect of earnings claimed by the applicant in
previous applications;

(v) the applicant's previous educational and business experience (or lack
thereof) in relation to the claimed business activity;

(vi) the applicant's immigration history and previous activity in the UK;

(vii) where the nature of the applicant’s employment or business requires
him to have mandatory accreditation, registration or insurance, whether
that accreditation, registration or insurance has been obtained;

(viii) any payments made by the applicant to other parties; and

(ix) any other relevant information.


(k) To support the assessment in paragraph 19(i), the Secretary of State may:

(i) request additional information and evidence, and refuse the application
if the information or evidence is not provided. Any requested documents must be received by the Secretary of State at the address specified in the request within 28 working days of the date the request is sent, and

(ii) request the applicant attends an interview, and refuse the application if
the applicant fails to comply with any such request without providing a
reasonable explanation.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[tripple]

With regard to the other changes, if an applicant has made an application for entry
clearance or leave before 1 October 2013, the application will be decided in
accordance with the Rules in force on 30 September 2013

guys does it mean if i apply my extension before 1st of october 2013 Homeoffice will follow the old rules ????
which will change on 1st of october any??

pls guys put some light on it thank s

[tripple]

With regard to the other changes, if an applicant has made an application for entry
clearance or leave before 1 October 2013, the application will be decided in
accordance with the Rules in force on 30 September 2013

guys does it mean if i apply my extension before 1st of october 2013 Homeoffice will follow the old rules ????
which will change on 1st of october any??

pls guys put some light on it thank s

[JaySam]

Have you applied yet ?

If not probable changes are they will decided your application on new rule and guidances, plus the interview and check are not necessary it is only optional where HO suspect some sort of fraud/non-genuine applicant.


You can try to go get PEO Appointment and get your result before 1st October 2013, but again if you have followed the previous post of people how have went to PEO, they have been drilled with smiler question (mention in new rules) and have been asked to produced documents like previous Tax Returns. So it is very difficult to say what they will do.

Or They can simply take you application and treat it as Postal application and wait till new rules kick in. (Please note smiler thing have happen to Tier 1 (Entrepreneur) back in January 2013.

But if you are genuine Tier 1 General (Migrant) and have paid you tax accordingly you should not worry much.

[tripple]

hi mate i was thinking to send my application next week which i will do asap and for the tax i have paid all my incorporation taxes till today..but i just want to know they will treat my application with the old or new rule because i m applying before 1st october 2013.

and they said the same thing any ??

With regard to the other changes, if an applicant has made an application for entry
clearance or leave before 1 October 2013, the application will be decided in
accordance with the Rules in force on 30 September 2013?????

[JaySam]

On paper they should consider your application with old rule.


But looking into Home office record with Tier 1 Entrepreneur, It is very difficult to say any thing as confirmative.


But I will suggest to send your application ASAP. and Hope for Best.

[ukswus]

https://www.gov.uk/government/speeches/ ... n-rules--5

"I will expand the process of genuineness assessments and interviews to Tier 1 (General), Tier 2 (Minister of Religion), and Tier 5 (Temporary Worker) applications for entry and leave to remain"

What does this have to do with ILR?

[AUHS]

There will be more scrutiny about self employed earnings compare to salaried ones as stated in the statement.

And also the only thing new here is interview . and this is also optional if UKBA suspect any thing suspicious . If some body is attending an PEO then I think it can be done on the same day.

If we follow the posts in the forum since last couple of months then it is clear that they were already asking further proofs/document to proof their self employed income.

Again Genuine earnings will be al right only .......

[mulderpf]

But is it starts from 1st October 2013 any?so if someone send application before 1st October 2013 then it's not gonna effect any? Need help guys pls

The rules have not changed, they have just made official the level of scrutiny which they have shown over recent months any way and introduced the possibility of an interview.

If you have a genuine application, there is nothing to worry about, the core set of rules remain the same.

[JaySam]

Home office will call people (People they Suspect) for interview now as they already have started sending letters to people who are waiting outcome of their applications.


http://www.immigrationboards.com/viewto ... 245641982a

[crimson76]

There will be more scrutiny about self employed earnings compare to salaried ones as stated in the statement.

And also the only thing new here is interview . and this is also optional if UKBA suspect any thing suspicious . If some body is attending an PEO then I think it can be done on the same day.

If we follow the posts in the forum since last couple of months then it is clear that they were already asking further proofs/document to proof their self employed income.

Again Genuine earnings will be al right only .......

I will be applying for my Tier 1 extension next month. I am working as company director but I draw sufficient salary for required points from my company and pay all taxes and NI under PAYE scheme of HMRC. What I would like to know is whether these new changes in the law will only effect directors who are drawing income in dividend or the directors who draw enough income in salary from their on own company will also be under microscope?

[JaySam]

There will be more scrutiny about self employed earnings compare to salaried ones as stated in the statement.

And also the only thing new here is interview . and this is also optional if UKBA suspect any thing suspicious . If some body is attending an PEO then I think it can be done on the same day.

If we follow the posts in the forum since last couple of months then it is clear that they were already asking further proofs/document to proof their self employed income.

Again Genuine earnings will be al right only .......

I will be applying for my Tier 1 extension next month. I am working as company director but I draw sufficient salary for required points from my company and pay all taxes and NI under PAYE scheme of HMRC. What I would like to know is whether these new changes in the law will only effect directors who are drawing income in dividend or the directors who draw enough income in salary from their on own company will also be under microscope?

Any one they suspect off regardless of employed or self employed....

[AUHS]

But in Particular self employed people's as indicated by the UKBA report.

[rizwan567]

This will be a random test or a random interview. Just like tier 1 entre changes which were introduced on 31 Jan 13 i think. In which home office reserves the right to ask any additional information they want. 3-4 of 10 applicants are being called for interview or being asked for additional docs in that category.

Even if you provide all the documents as per guidance, Application can simply be refused on the basis that applicant has failed Genuine income test or you fail to do well in interview or if you fail to provide any additinal documents requested.

The category has become bit subjective in which decision can even be reached on balance of probabilities by caseworkers

[Khurrum_Khan]

I dont think that it applies for ILR applications.
The statement says " Entry clearence + Leave to remain applications" Leave to remain is always extension application. HO hasnt said or mentioned any thing / word about ILR/Indefinate Leave to remain or settelment...


also any one who recieved a letter from HO is the one who applied for Extension but not ILR......

am i saying logical?

any ideas?????

[Khurrum_Khan]

I dont think that it applies for ILR applications.
The statement says " Entry clearence + Leave to remain applications" Leave to remain is always extension application. HO hasnt said or mentioned any thing / word about ILR/Indefinate Leave to remain or settelment...


also any one who recieved a letter from HO is the one who applied for Extension but not ILR......

am i saying logical?

any ideas?????

[Khurrum_Khan]

https://www.gov.uk/government/speeches/ ... n-rules--5

"I will expand the process of genuineness assessments and interviews to Tier 1 (General), Tier 2 (Minister of Religion), and Tier 5 (Temporary Worker) applications for entry and leave to remain"

What does this have to do with ILR?

I think you are right... statement doesnt say about ILR or settlement.....have you done any research?

[AUHS]

This will be a random test or a random interview. Just like tier 1 entre changes which were introduced on 31 Jan 13 i think. In which home office reserves the right to ask any additional information they want. 3-4 of 10 applicants are being called for interview or being asked for additional docs in that category.

Even if you provide all the documents as per guidance, Application can simply be refused on the basis that applicant has failed Genuine income test or you fail to do well in interview or if you fail to provide any additinal documents requested.

The category has become bit subjective in which decision can even be reached on balance of probabilities by caseworkers

Well I believe that they will not call the applicants randomly by 3/4 out of 10.
Simply if the caseworker is in doubt regarding the earnings( Particularly Self employed or own Limited company earnings) they will ask to provide additional documents. UKBA is doing this in the past as decisions were on hold even On PEO applications .1 step further that they might call for interview NOW.

Regarding the Refusal on the balance of probabilities YES case worker can refuse the application if they are not satisfied on Interview or by the Documents.
But in that case if you provide all the required documents and provided your earnings are genuine then the Refusal decision will easily be overrun at Court.

[AUHS]

https://www.gov.uk/government/speeches/ ... n-rules--5

"I will expand the process of genuineness assessments and interviews to Tier 1 (General), Tier 2 (Minister of Religion), and Tier 5 (Temporary Worker) applications for entry and leave to remain"

What does this have to do with ILR?

I think you are right... statement doesnt say about ILR or settlement.....have you done any research?

Indefinite Leave to remain is also called Leave to Remain.

Nothing sure at the moment.

Wait and see.

[Khurrum_Khan]

https://www.gov.uk/government/speeches/ ... n-rules--5

"I will expand the process of genuineness assessments and interviews to Tier 1 (General), Tier 2 (Minister of Religion), and Tier 5 (Temporary Worker) applications for entry and leave to remain"

What does this have to do with ILR?

I think you are right... statement doesnt say about ILR or settlement.....have you done any research?

Indefinite Leave to remain is also called Leave to Remain.

Nothing sure at the moment.

Wait and see.

Well i think that ILR and Leave to remain are two different things...let see if there are any news......

[rpsarangi]

Following the posts and the impact of the new rules.. we just need to wait and see what they are asking for .. what documents and to whom....