Reapply after ILR is refused

[amarveda]

Hi,
Does anyone know if an application for ILR is refused (Tier1 General) can one reapply with new documents or evidence?
(the visa is current and hence appeal not allowed)

[benneviss]

Sorry to hear about your refusal .

Could you please advice the reason of your refusal ?

[amarveda]

It is because I didnt get enough points for the salary. Part of it is from self employment, and the accountant screwed it up. I intend putting in more towards the salary, than as expenses, by filing a new accountant letter

[benneviss]

OK,

So as I understand , you applied and claimed the earning points on the basis of employment + self employment.

Your accountant prepared your account; adjusted expenses with your self employment income (Gross - expenses = net income) which resulted in reduction of net income and reduced your points .

Am I right ?

[amarveda]

Biennivas
You are very correct. So can I apply ILR again with a new accounting report?
I have not paid any tax on the self employment, and no tax return has been filed as it is due in March 13 only.
Pls let me know.
Thanks

[dk2011]

In this case , I would suggest you wait for some considerable time before re-applying . For the same period you can't have two different income statement . You can wait for 3-4 months and during these periods you can have more net income to meet requisite points.

[benneviss]

It would be little tricky ; you have already shown expenses in your earlier application and taking them completely off will create doubts. However , it is legal to do so but not advisable.

It would be better if you can earn some extra money in this extended period ; keep expenses same and go to an accountant.

I have come across cases where they have been paid just few days before the application and gone through.

You can always come back here to discuss your final application and documents before heading to PEO.

Hope this helps

[amarveda]

I cant add any income now, because the period considered is up to Oct 2013 only.
The acct made a mistake and included expenses which were not incurred... Also may be I file the tax return with the increased net profit.?

[Manka10]

I cant add any income now, because the period considered is up to Oct 2013 only.
The acct made a mistake and included expenses which were not incurred... Also may be I file the tax return with the increased net profit.?

why can't you change the period of earnings with the new application? also, the figures declared to UKBA and HMRC should match if the difference is substantial

[amarveda]

I didnt have job after that, hence cant change the period.
SO MY MAIN QUESTION IS CAN I REAPPLY FOR ILR?

[Manka10]

So you have till the end of this month to reapply, obviously there have to be some changes from the last application which ended in a refusal, get a letter from a different accountant

by how much did you fall short on earnings in the previous application? if the amount is small and can be perceived as a genuine error on the accountant's part then the new appliation should just breeze through

[amarveda]

The shortfall is like 1400. All of them were personal expenses and can be taken off.
Acct is saying he can give a letter like that. But only the fees cant be taken off. It is around 600.
Is there any way out?
I cant change the period, and I have no other extra earnings.
Can bank interest on balance accrued during the period be added? Pls advise.

[cruzez]

Can I ask what type of self employment you did?

For me when I applied for Tier 1 extension 3 years back, case worker calculated my gross income from both fulltime salary job and my part-time self employment rather taking expenses and other stuff ended up having more points than I claimed for. I did some teaching training work. When I enquired with some experts why I was given max points for my earning they told self employment for training/teaching/education they consider gross income.

[amarveda]

Type of self employment I did:
It is development of a management information system for a company doing sales. Developing transaction reports and Profit loss statement etc

[amarveda]

Is it ok to reapply under Tier 1 PBS after 1st refusal, with new evidence?

For HSMP it is not allowed, only reconsideration requests are allowed.

[amarveda]

Do they allow reapplication after a refusal in Tier1 to ILR, PBS category?
I intend applying with updated documents.