TIER 1 GENERAL EXTENSION REFUSED

[Fahad Maqsood]

Hi,
Help needed. Is there anyone with haeavy knowledge about administrative review?

[geriatrix]

How heavy do you need? Administrative review is a simple process ... no need for heavy knowledge!

What one may need instead is "heavy knowledge" of the requirements of the immigration category for which one has received a refusal and administrative review is being thought about.

[romfordessex1]

Hi
Just to answer your question "How to do an Administrative review";In my case, I have replied to the refusal letter explaining and providing evidence in all the points quoted in the refusal letter. I have consulted a barrister to prepare my statement and then filed online by myself.

[rpsarangi]

@akinsman
any more update in your case?

[akinsman]

Hi
I am about to send my claims for judicial review and i would like informed opinion on a few issues raised in HO decision letter. One of the reasons given by HO to refuse my application is that my accountant didnt provide breakdown of gross salary for my self employed business. In the statement of income and expenditure sent with my application the accountant showed the gross income which he arrived at by calculating all payments made into my account and which was confirmed by my invoices and then showed the deductions without tax. He said tax could only be deducted when all other sources of income have been added to my self employment net income and the total income submitted to HRMC after the end of tax year. So what he showed in my statement of income and expenditure is gross from my self employment and net income without tax. He couldnt have quoted or projected the amount of tax because the tax year had not ended at the time of submitting my application and that whatever he quoted is meaningless because in the tier 1 guidance policy HO said ''Official tax document produced by the tax authority or employer, showing earnings on which tax has been paid or will be paid in a tax year''. So i would like to ask is this right. in the admin review decision letter HO defined the gross earning as earning per year before tax is paid so why the confusion. The second issue raised is date net payment into my account. is it possible to show in your bank statement of account net payment in your account. Example if I declared 18000 as net payment is it possible to see the sum of 18000 net payment in my account. According to my accountant it is not but the gross pay can be confirmed by only adding up all the payments made into your account from your invoices and then you can get the gross pay but for net it is not because you are making withdrawals and meeting both personal and business expenses. Thank you

[naveediiqbal]

Hi
I am about to send my claims for judicial review and i would like informed opinion on a few issues raised in HO decision letter. One of the reasons given by HO to refuse my application is that my accountant didnt provide breakdown of gross salary for my self employed business. In the statement of income and expenditure sent with my application the accountant showed the gross income which he arrived at by calculating all payments made into my account and which was confirmed by my invoices and then showed the deductions without tax. He said tax could only be deducted when all other sources of income have been added to my self employment net income and the total income submitted to HRMC after the end of tax year. So what he showed in my statement of income and expenditure is gross from my self employment and net income without tax. He couldnt have quoted or projected the amount of tax because the tax year had not ended at the time of submitting my application and that whatever he quoted is meaningless because in the tier 1 guidance policy HO said ''Official tax document produced by the tax authority or employer, showing earnings on which tax has been paid or will be paid in a tax year''. So i would like to ask is this right. in the admin review decision letter HO defined the gross earning as earning per year before tax is paid so why the confusion. The second issue raised is date net payment into my account. is it possible to show in your bank statement of account net payment in your account. Example if I declared 18000 as net payment is it possible to see the sum of 18000 net payment in my account. According to my accountant it is not but the gross pay can be confirmed by only adding up all the payments made into your account from your invoices and then you can get the gross pay but for net it is not because you are making withdrawals and meeting both personal and business expenses. Thank you

Hi,

I am confused you said "One of the reasons given by HO to refuse my application is that my accountant didnt provide breakdown of gross salary for my self employed business."

But in self employed business you don't need Gross salary / did they mentioned Gross earnings instead in which case your earnings from invoices would be your Gross earnings (did you provide a summary of all invoices whose total matches with Gross income claimed - or else what specifically you sent with initial application).

Can you provide a list of all documents (with a brief descriptions what it shows) sent with initial application then it will be easily understood and also if possible post the exact wordings of refusal letter and AR letter.

[akinsman]

Thank you

Initial Letter of Refusal

''For your self employed business, you have provided invoices and statement of income and expenditure the evidence from your account is not acceptable as it does not include the breakdown of gross salary, tax deductions and the dividend payment made to the applicant, and which enable the UKBA to check that the total gross salary and dividend payments correspond with the net payment into the applicant's personal bank account.

Administrative Review Decision Maintained

''As stated in the original refusal letter, you failed to satisfy this ( Paragraph 19 SD (vi) to (vii) )requirement as you have submitted evidence of previous earning in the form of bank statement, invoices and statement of income and expenditure. However in accordance with paragraph 19 SD the statement of income and expenditure fails to meet the requirement of Appendix A as it does not confirm gross and net pay, salary and profits and dates of net payments and tax. Gross salary is the amount of pay per year before any tax has been paid, as you have claimed point for self employment earnings, you must clearly demonstrate gross earnings in your income''

Documents Submitted for self employment
1 Invoices showing payments and dates covering the 12bmonths for previous earning
2, bank statement of account supporting the payments on the invoices and which evidenced and corroborate all payments made for the 12 months previous earning
3, statement of income and expenditure showing gross income and deduction without tax and also showing net income which tax applied at the end of tax year.

the application was submitted 1 April 2015 and the last payment i received was 27 march before I closed the account for submission of application. What I understand about HO is that it is using this rules as weapon deplored to deal wit specific application it is not willing to grant. On the ocassion of my initial extension, it was the same way i prepared my documets I provided and it was granted. The clampdown on immigrants has provided opportunity for frivolous claims, even a primary school pupil knows that dividend is not paid to sole trader and neither does it earn salary from his own job. As claimed by HO in the admin review decision letter, gross is the amount earned per year before tax is paid so what is the claim about tax deductions when the tax year had not even ended and again according to HO it is not an estimated tax provided by accountant that is important but evidence of tax paid or will be paid in a tax year and the document approved, stamped or issued by the tax authority and not what the accountant shows in your letter sent to HO that is relevant. On the issue of net payment i fail to see how you can show the sum of 18000 as net payment made into your account in a year, It is the gross earning that can be confirmed by adding up all the invoices submitted or the payments in the bank account and then check that it corroborates the gross earning you are claiming. Thank you

[naveediiqbal]

Thank you

Initial Letter of Refusal

''For your self employed business, you have provided invoices and statement of income and expenditure the evidence from your account is not acceptable as it does not include the breakdown of gross salary, tax deductions and the dividend payment made to the applicant, and which enable the UKBA to check that the total gross salary and dividend payments correspond with the net payment into the applicant's personal bank account.

Administrative Review Decision Maintained

''As stated in the original refusal letter, you failed to satisfy this ( Paragraph 19 SD (vi) to (vii) )requirement as you have submitted evidence of previous earning in the form of bank statement, invoices and statement of income and expenditure. However in accordance with paragraph 19 SD the statement of income and expenditure fails to meet the requirement of Appendix A as it does not confirm gross and net pay, salary and profits and dates of net payments and tax. Gross salary is the amount of pay per year before any tax has been paid, as you have claimed point for self employment earnings, you must clearly demonstrate gross earnings in your income''

Documents Submitted for self employment
1 Invoices showing payments and dates covering the 12bmonths for previous earning
2, bank statement of account supporting the payments on the invoices and which evidenced and corroborate all payments made for the 12 months previous earning
3, statement of income and expenditure showing gross income and deduction without tax and also showing net income which tax applied at the end of tax year.

the application was submitted 1 April 2015 and the last payment i received was 27 march before I closed the account for submission of application. What I understand about HO is that it is using this rules as weapon deplored to deal wit specific application it is not willing to grant. On the ocassion of my initial extension, it was the same way i prepared my documets I provided and it was granted. The clampdown on immigrants has provided opportunity for frivolous claims, even a primary school pupil knows that dividend is not paid to sole trader and neither does it earn salary from his own job. As claimed by HO in the admin review decision letter, gross is the amount earned per year before tax is paid so what is the claim about tax deductions when the tax year had not even ended and again according to HO it is not an estimated tax provided by accountant that is important but evidence of tax paid or will be paid in a tax year and the document approved, stamped or issued by the tax authority and not what the accountant shows in your letter sent to HO that is relevant. On the issue of net payment i fail to see how you can show the sum of 18000 as net payment made into your account in a year, It is the gross earning that can be confirmed by adding up all the invoices submitted or the payments in the bank account and then check that it corroborates the gross earning you are claiming. Thank you

According to my opinion you are required to submit atleast two specified documents (it means more are encouraged but if the least of two docuemnts are provided then these should be sufficient)

19. (a) In all cases, the applicant must provide at least two different types of the specified documents in paragraph 19-SD(a) from two or more separate sources as evidence for each source of previous earnings.

So I beleive you have provided two differnt specified docuements as (provided payslips and bank statements for employment earnings) and (accountant letter / set of accounts / invoices for self employed)

19-SD. (a) The specified documents in paragraph 19(a) are:
(i) Payslips covering the whole period claimed, which must be either:
(1) original formal payslips issued by the employer and showing the employer’s name, or
(2) accompanied by a letter from the applicant's employer, on the employer’s headed paper and signed by a senior official, confirming the payslips are authentic;
(ii) Personal bank statements showing the payments made to the applicant;
(iii) A letter from the applicant's employer(s) during the period claimed (or in the case of winnings, the relevant awarding body), on company headed paper, which:
(1) is dated after the period for which earnings are being claimed, and
(2) clearly confirms the applicant's gross and net earnings during the period claimed, and the date and amount of each payment;
(iv) Official tax document produced by the relevant tax authority or employer, showing earnings on which tax has been paid or will be paid in a tax year;
(v) Dividend vouchers which show the amount of money paid by the company to the applicant, normally from its profits, and which confirm both the gross and net dividend paid. The applicant must provide a separate dividend voucher or payment advice slip for each dividend payment, to cover the whole period claimed;
(vi) If the applicant is claiming points for self-employed earnings, a letter from his accountant on headed paper, confirming that the applicant received the exact amount he is claiming, or the net profit to which he is entitled. This is a letter from the applicant's accountant on headed paper confirming the gross and net pay for the period claimed. The letter should give a breakdown of salary, dividends, profits, tax credits and dates of
15
net payments earned. If the applicant's earnings are a share of the net profit of the company, the letter should also explain this;
(vii) Invoice explanations or payment summaries from the applicant's accountant, which include a breakdown of the gross salary, tax deductions and dividend payments made to the applicant, and which enable the UK Border Agency to check that the total gross salary and dividend payments correspond with the net payments into the applicant's personal bank account.
(viii) Company or business accounts that meet statutory requirements and clearly show:
(1) the net profit of the company or business made over the earnings period to be assessed,
(2) both a profit and loss account (or income and expenditure account if the organisation is not trading for profit), and
(3) a balance sheet signed by a director;
(ix) Business bank statements showing the payments made to the applicant;
(x) If the applicant provides a combination of bank statements and a letter or invoice summary from his accountant, he must also provide any invoices generated during the period for which earnings are being claimed.

Further, linked point of refusal is you did not meet the requirement stating

The letter should give a breakdown of salary, dividends, profits, tax credits and dates of net payments earned. If the applicant's earnings are a share of the net profit of the company, the letter should also explain this;

Again, according to my understanding these were none so no need to explain.

My suggestion is to proceed with a properly drafted judicial review ground of review and respond to each point of refusal to your explanation and specific immigration rule.

I think its a unfair refusal and decision should be reversed.

[akinsman]

Hello

I need an urgent advice, I am about to send my application for judicial review however, I am confused. The initial letter of refusal was received 22 June 2015 and the admin review decision letter was dated 25 August 2015. My lawyer messed up my case by not filing the Judicial review within 3 months of the initial letter of refusal. The new lawyer is now preparing to file in few days time and he said he would challenge the admin review decision of 25 August. Please i need to now if the position of my new lawyer is correct. Also as self employ business is it income before tax or after tax that is considered. If it is profit after tax i submitted my application before thee end of tax year so i could not have shown net profit but i am claiming net income for my previous earning and this is one of the reasons given by HO to deny me. Please what is the correct position

[mnaeem126]

Net profit means profit after expenses not after tax...e.g. total earnings (sales/services) - expenses = net profit (this is the amount HO will consider and you pay tax on it). Rgds

[akinsman]

Thank you very much you have made my day that is what I showed on my statement of income and expenditure and yet HO still knocked my application. Already the case is lodged at the Upper Tribunal awaiting decision. Please if I may ask, i am now due for permanent stay because of the delay and HO insistence to refuse my application the time for me to put in my application for ILR is now due. So while the issue is being contested between HO and i, can I seek the order of the Tribunal to compel HO to grant me ILR. Thank you

[naveediiqbal]

If you fulfil ILR requirements then you need to first withdraw appeal and then on the same day send ILR application. I think you will be good

[akinsman]

thank you. I was due for ILR 27 August but because of the refusal of my FLTR and my decision to challenge it at the Upper Tribunal I couldn't have applied for ILR but if I get justice by the grace of God can I ask the Tribunal to make an order for ILR since the delay was caused by HO. Thank you

[naveediiqbal]

thank you. I was due for ILR 27 August but because of the refusal of my FLTR and my decision to challenge it at the Upper Tribunal I couldn't have applied for ILR but if I get justice by the grace of God can I ask the Tribunal to make an order for ILR since the delay was caused by HO. Thank you

Yes, why not. You can if you win.

[akinsman]

Thank you. I will you keep you posted

[bliss2be]

Akinsman


Any new development with regards to your case? Hope you get favourable outcome

[akinsman]

Thank you Bliss2Be. I have lodged JR at the Upper Tribunal and HO had received service of claims for JR and also sent acknowledgement trough my lawyers. I am now waiting for determination of the case by the Tribunal. Hoping I will get justice

[akinsman]

Hello Everyone
it is a sad day for me as my permission for JR was refused. The Judge in taking the decision agreed with HO that the initial decision to refuse my application was made 19th May 2015 and i filed the JR 25 October 2015. For this reason, the respondent was right that the JR was out of time. For those who followed my case, i had mentioned that i did not receive the letter of decision until 22 June 2015 and even after HO had admitted in an email sent to me that it was in possession of the letter it refused to grant me admin review. I sent PAP 22 July and HO in a letter dated 13 August eventually agreed to conduct the review and later maintained the decision on the 25 August.This is an admission that the 19 May date could not be followed. Even at that my document were sent to me piecemeal. By the 25 August when HO made its decision i was already 102 days from the date of 19 May when the letter was issued. I could not have met the 90 days time limit for JR. Sadly HO used this to argue its case for rejection of my case.
Four things emerged from the scenario above
1, If the 19 May date should be followed, I would be 102 days from the date of decision and 12 days off the time limit for JR. 19 May -25 August
2, By13 August when HO agreed to conduct a review after initial rejection base on out of time, it is an admission by HO that the 19 May was not realistic.
3, By 25 August when HO admin review decision was made, all my documents were still in possession of HO thus preventing me from filling JR by 19 August when it was 90 days from the date of decision. I was still expecting outcome of my application for review and also documents for my application for JR were still with HO
4 The above showed that by 13 August HO was willing to conduct admin review earlier rejected on the ground that it was filed out of time had now ben considered 84 days after 19th May of decision made (19 May¬ – 13 August) and the rule says 14 days after the receipt of the decision letter. Therefore it is sad HO revisited this in its grounds of defense for JR and accused me of filing JR out of time.

The second reason given by the Judge is that HO proved its case that I did not specify the 12 months earning period which would have enabled HO to make correct assessment of my previous earning. This is not true. I have the copy of page 22 of the application form I submitted for my application. Paragraph J4 states DETAILS OF PREVIOUS EARNING TABLES. I filled J4, PLEASE GIVE START AND END DATE OF THE PERIODS FOR WHICH YOU ARE CLAIMING EARNINGS. I provided start and end date for the earnings claimed. Also my accountant letter showed the same start date and end date for previous earning. Therefore the claim that I did not provide period of assessment of earning is incorrect.
Also, for my salaried employment I was duly awarded points by HO. Where did HO get the 12 months previous earning it used to assess my salaried employment and then awarded me points but it did not see the 12 months previous earning for self employment and yet it was same application I filled for the two sources of earning.
The situation Is very unfortunate and with the pronouncement by the judge that even if I renew my case it will not have effect on HO decision to remove me from UK, it seems it is a hopeless case now. Thank you all

[naveediiqbal]

Hello Everyone
it is a sad day for me as my permission for JR was refused. The Judge in taking the decision agreed with HO that the initial decision to refuse my application was made 19th May 2015 and i filed the JR 25 October 2015. For this reason, the respondent was right that the JR was out of time. For those who followed my case, i had mentioned that i did not receive the letter of decision until 22 June 2015 and even after HO had admitted in an email sent to me that it was in possession of the letter it refused to grant me admin review. I sent PAP 22 July and HO in a letter dated 13 August eventually agreed to conduct the review and later maintained the decision on the 25 August.This is an admission that the 19 May date could not be followed. Even at that my document were sent to me piecemeal. By the 25 August when HO made its decision i was already 102 days from the date of 19 May when the letter was issued. I could not have met the 90 days time limit for JR. Sadly HO used this to argue its case for rejection of my case.
Four things emerged from the scenario above
1, If the 19 May date should be followed, I would be 102 days from the date of decision and 12 days off the time limit for JR. 19 May -25 August
2, By13 August when HO agreed to conduct a review after initial rejection base on out of time, it is an admission by HO that the 19 May was not realistic.
3, By 25 August when HO admin review decision was made, all my documents were still in possession of HO thus preventing me from filling JR by 19 August when it was 90 days from the date of decision. I was still expecting outcome of my application for review and also documents for my application for JR were still with HO
4 The above showed that by 13 August HO was willing to conduct admin review earlier rejected on the ground that it was filed out of time had now ben considered 84 days after 19th May of decision made (19 May¬ – 13 August) and the rule says 14 days after the receipt of the decision letter. Therefore it is sad HO revisited this in its grounds of defense for JR and accused me of filing JR out of time.

The second reason given by the Judge is that HO proved its case that I did not specify the 12 months earning period which would have enabled HO to make correct assessment of my previous earning. This is not true. I have the copy of page 22 of the application form I submitted for my application. Paragraph J4 states DETAILS OF PREVIOUS EARNING TABLES. I filled J4, PLEASE GIVE START AND END DATE OF THE PERIODS FOR WHICH YOU ARE CLAIMING EARNINGS. I provided start and end date for the earnings claimed. Also my accountant letter showed the same start date and end date for previous earning. Therefore the claim that I did not provide period of assessment of earning is incorrect.
Also, for my salaried employment I was duly awarded points by HO. Where did HO get the 12 months previous earning it used to assess my salaried employment and then awarded me points but it did not see the 12 months previous earning for self employment and yet it was same application I filled for the two sources of earning.
The situation Is very unfortunate and with the pronouncement by the judge that even if I renew my case it will not have effect on HO decision to remove me from UK, it seems it is a hopeless case now. Thank you all

Hi,

indeed a really sad and unfortunate decision. I was expecting to get some favorable treatment to your case.

Was that a paper decision or oral hearing. If oral then did you hire any barrister or did you forward your point of view in against the HO allegations. I dont understand if you completed the relevant page in application for 12 months of earning claim how they were able to satisfy that you did not specify the 12 months period.

I also had the same issue and my application was refused but I fought along with my lawyer and after several off the court communication between my solicitor and HO representative (that is the part where solicitor would play their part) they accepted thier mistake and withdraw their decision and apologized in their letter.

May I ask why you did not use the AR decision for JR as this may satisfy 3 months time frame for JR rather then original refusal decision when you missed the 3 months time window

you also mentioned in a previous post that "My lawyer messed up my case by not filing the Judicial review within 3 months of the initial letter of refusal. " Did you take any action against the previous lawyer.

What is your course of action now.

I am really very sad for such a bad news and offer best wishes from me.

PM me your number so we could have chat (if you would find some time).

Kind Regards,

[akinsman]

Hello Naveed
Thank you for your concern. It was decision on paper and opportunity provided for renewal. It was the admin review decision that was challenged and HO countered it that the decision was just to uphold the original decision of 19 May which was had now lapsed by the time the JR was lodged. I have been speaking with my solicitor and he has said we should go for the renewal and prove our case that by 25 August when the admin review decision was made, the 90 days time limit for the original decision to be challenged was already expired and for the period of assessment, there is documentary evidence that prove that I completed the relevant section of the application form that indicated the period of assessment of previous earning.

[aliq09]

Hi ,

I can see a long legal battle in your case and of course every thing in this business cost money . As a member of this forum and well wisher , i will advice you that if you have stable roots here in UK ( work , house etc) kindly see other Visas options and stop wasting your hard earned £ money. If you have a good job , request your employer to issue you TIER2 visa or if you have good business and good money , go for business visa .

Best of luck mate

[naveediiqbal]

Hello Naveed
Thank you for your concern. It was decision on paper and opportunity provided for renewal. It was the admin review decision that was challenged and HO countered it that the decision was just to uphold the original decision of 19 May which was had now lapsed by the time the JR was lodged. I have been speaking with my solicitor and he has said we should go for the renewal and prove our case that by 25 August when the admin review decision was made, the 90 days time limit for the original decision to be challenged was already expired and for the period of assessment, there is documentary evidence that prove that I completed the relevant section of the application form that indicated the period of assessment of previous earning.

Hi,

any updates?

TC