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Hi All,

Firstly, I would like to thank everybody that helped me with their input in relation to my previous post. http://www.immigrationboards.com/indefi ... 11423.html

My timeline is as follows:

Application Date - 18th June Croydon PEO
Rejection Letter - 29th August
Admin Review - 6th September
Admin Review Extension - Received email on 4th Oct (deadline day) saying they need two more weeks
ILR granted - 14th October

I consulted a lawyer after my refusal and was advised to apply for AR myself because in his words "you know what you are talking about".

I have been following this forum for a while now and my understanding was that AR is just a formality with another refusal for the applicant which is the reason I was mentally prepared for a JR. However, I had a good stab at the AR pointing out obvious mistakes in Home Office's letter. The explanation of my Admin Review was as follows:

"
Dear Sir,
Further to your letter dated 29th August 2016, I wish to apply for the administrative review of your
decision. I believe that there is a case working error that has resulted in my application being refused.
Please note that I am NOT providing any new information or facts. This is merely an explanation to your
decision and was verbally provided to the caseworker at the time of the application.

Reason for Refusal
Your letter states that on 8th July 2013, I applied for leave to remain under Tier 1 (General) immigrant and
claimed 25 points for earnings of £45,990 from ABC Limited. Your letter further
states that on assessing the evidence it shows a discrepancy with HMRC records as I declared income of
£11,232 for that period. This has been deemed deceitful and dishonest by the caseworker and the
application has therefore been refused under general grounds of refusal.

No other objection or reasons for refusal has been identified by the caseworker.

Caseworking Error/Explanation
Having reviewed my application submitted on 8th July 2013, I am unable to locate the figure of £45,990
mentioned on your letter. The accounts submitted at the time stated turnover of the company as £48,586
and the net profit of £36,681. I can only assume that there is a typing mistake on the letter that has been
sent to me or the caseworker has been looking at the incorrect figure. Furthermore, I only claimed 20
points for profits of £36,681 not 25 as stated on your letter.
In any case, the £48,586 figure is for turnover of the company and under the HMRC rules is NOT my
personal income. I have not implied this to be my income either explicitly or verbally at any point in my
application.
Paragraph 92 of the Tier 1 (General) Policy Guidance states that “If you are self-employed and have
chosen to retain the profits within the business, your earnings are limited to the share of the business’s net
profits to which you are entitled. The appropriate proportion of the net profit of the business (that is, after
tax and outgoings) can therefore be counted as your gross salary. We will only consider profits made
during the appropriate 12-month earnings period for which you are claiming.” The application made on 8th
July 2013, clearly stated that the points were being claimed on the retained profits in the company of
£36,681 under the rule quoted above. This is by virtue of my 100% shareholding in ABC Limited. This can be confirmed by the Companies House records and confirmation letter provided by accountant with the application.
The application does not imply anywhere that £36,681 is my personal income. Chapter 3 of the Income
Tax Act 2007 clearly states that a shareholder needs to declare income on his personal tax return only
when the money is drawn out of the business as dividends or salary. Retained profits in the business are
NOT required to be declared on the personal tax return.

Conclusion

I think it is evident from the above that a caseworking error has occurred due to the caseworker’s lack of
understanding of immigration and income tax rules. Furthermore, the caseworker has quoted “earnings”
and points figure in their letter that do not match my application of 8th July 2013. I can only assume that
this was due to human error.

I am aware that it is common practice for the caseworkers to verify the “income” with HMRC to ensure that
the income being claimed is genuine. However, this wouldn’t apply in this instance as my profits have
been retained in the business and not taken out of the business as dividends. Furthermore, three
separate pieces of evidence (bank statements, letters from clients and accountant’s letter) were provided
with my application of 8th July 2013 and of 19th June 2016 to verify that the turnover/profits of the
company are genuine. This is one more than the two evidences required by UKBA as per the guidelines
of Tier 1 (General) visa. Therefore, I don’t think there can be any doubt about the fact that the turnover
and profits of the business are genuine and have been achieved by actual services provided by myself.

I look forward to hearing from you.
"

Although everything I have said in the letter above is true and genuine, I believe that the key is to point out all the errors from the refusal letter. The Admin Review is carried out by a senior caseworker and they have a right to refuse applications on the points that were not picked up by the original caseworker. However, I think some consideration must be placed on how the case will look if the application eventually ends up in court. By highlighting the basic errors, I have underlined the incompetency of the original caseworker.

I am aware that the forum is full of topics from applicants who post their original queries and no follow up of how they got on with it and what was the conclusion. So I am posting this topic just to update you and with a hope that it may be able to help somebody with their application.

Happy to answer any queries that you guys may have.

Good Luck!

Thanks

Hi Zubair

Congrats on AR successfull.
MY ILR is refused can you please help me out in writing my AR. i am not good at writing these AR. if you can suggest or advise some one who can help me out and get my AR successfull.


i am attaching the form i have received from Ho.
*********************************************************************************************************************************
•Home Office

Dear:

Your application for indefinite leave to remain has been refused
We have considered your application for indefinite leave to remain and have refused it. You can apply for administrative review of this decision.
What this means for you.
Your application for indefinite leave to remain in the United Kingdom has been refused. If you think an error was made in the decision you may apply for an administrative review. Instructions on how to apply can be found in the enclosed documents.
If you do not apply for administrative review and do not have any other legal basis to remain in the United Kingdom you may have to leave the country.
Further information
The enclosed documents set out the reasons why your application failed and informs you of the legal consequences.
Yours sincerely,
Sheffield Development Team 5 on behalf of the Secretary of State

Reasons for Decision NRA

Re:Mr:
Date of
Our ref
Refusal of application
On 18 May 2016 you made an application for Indefinite leave to remain in the United Kingdom. This application has been refused.

REASONS FOR DECISION
We have considered your application on behalf of the Secretary of State and your application has been refused. In making the decision to refuse your application, careful consideration has been given to the following:

You were granted leave to enter the United Kingdom on the. 2009.
You were granted leave to•remain in the United Kingdom on : the'. : 2009.
You were granted leave to remain in the United Kingdom on Study Work) migrant until 2011.
You were granted leave to remain in the nited Kingdom on migrant until 1 _ 2013.

2007 as a Student until 2009 as a Student until
• 2009 as a Tier 1 (Post
: 2011 as a Tier 1 (General)

You were granted further leave to remain in the United Kingdom on the (General) migrant until I 2016.
To qualify for indefinite leave to remain, a Tier 1 (General) Migrant mu

2013 as a Tier 1

in Paragraph 245CD of the Immigration Rules and paragraphs 19 and 19G) of Appendix A of the Immigration Rules.
Paragraph 19 and 190) of Appendix A states:

The Secretary of State must be satisfied that the earnings are from genuine employ1nent. If the Secretary of State is not satisfied, points for those earnings will not be awarded.
G) In making the assessment in paragraph 19 , the Secretary of State will assess on the balance of probabilities and may take into account the following factor

(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 pplicant'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.
In making the assessment, the Secretary of State has considered the following fac ors:

i. the evidence which you have submitted:

• Payslips-
• Santander bank statements
• Barclays Business bank statements
• Invoices
• Dividends
• Business Accounts



11. whether the earnings claimed appear to have been eamed through genuine employment, rather than being borrowed, gifted, or. otherwise shown in your financial transactions or records without being earned; And

111. whether the business from which the earnings are claimed can be shown to exist and be lawfully and genuinely trading;

You ai:e claiming to have earned a total admissible income of £38,412.27 over the period 1
2015 to 2016 from a combination of self employed earnings from:
Ltd in the UK, and salaried earnings from- - : UK You have
- .
claimed 20 points for previous earnings under Appendix A of the Inuµigration Rules on the basis
of your earnings as detailed below.

On 24 Mar h 2017 you attended an interview in relation to your Tier 1 General ILR application.

Salaried employment with :

You have claimed e.arnings o £16,212.27 from your salaried employment witn
for the period from I - 2015 to : l 2016. The payments detailed by each of the payslips are corroborated by the Santander bank statements you have provided in support of your application. •.

During the interview you confirmed that your role in your salaried position for l
. was a 'front line technical support analyst' which involved taking calls 'from end

users to solve IT problems'. You also confirmed that you worked 35 hours per week for this employment from Monday to Friday.


Self employed earnings from

You have claimed points on the basis of £22,200 earnings in the form of Dividends from your self employed business As evidence of your earnings you have provided invoices, dividends, company accounts and bank statements.
You confirmed in your interview that the nature of your business is 'domestic and software development' and that you 'provide the application for the clients like generating reports from the web based application. And the coding for the application'.
You confirmed that the hours of work for your self employment was '30 hours per week it depends on the work. I work on weekends and in the evenings after the work'.

Earnings/Hours worked

With reference to questions 4 and 5 of the interview transcript you were asked the following:

Q4: How many hours a week do you work, and on what days?
A: For] I work 35 hours per week Monday to Friday
I work 30 hours per week it depends on the work I work on weekends and in the evenings after the work.
QS: In your application you are claiming earnings from self employment and employed work. How do you manage your time between your self employment and employed work?
A: I use a day planner. Once I have finished the work from - : my IT work is home based I log in from home I work evenings and weekends.

You were also_ asked the following question:

QS: Can you confirm the address where your business is registered?
A:

Q9: Your business address on your invoice shows you are operating from Glasgow but your residential address shows you are based in Belfast - how can you operate your business from Glasgow living in Belfast? How long does it take you _to get to Glasgow?
A: I have got a home in Glasgow. Currently I am living in Belfast but my wife lives in Glasgow in the Flat. It takes 45 minutes by Flight. The whole journey takes 1 and half hours. I do on line check in. I came to Belfast for work I work for :

Q10: Where do you physically carry out consultations - i.e. do you meet with clients at their premises?
A: No, I meet them through Skype, it is quicker and faster_

From the payslips yoµ have provided as evi ence of your salaried income, the rate of pay is £7.50 per hour which would equate to a daily rate of £52.50 per day The hours worked are approximately 35 hours per week with overtime showing for some weeks.

From the invoices you have provided as evidence•of your self employed earnings, the rate of pay is £200 per day. '

It is notable that the time spent travelling between your homes in Belfast and Glasgow would have an effect on the hours which you were available to work, and it therefore does not seem plausible that you were able to travel and also work for 65 hours•per week for both employed and self employed jobs. In addition we find it questionable that you would choose to work in a salaried position in ,vhich you earn £7.50 per hour/£52.50 per day in Belfast whilst your wife resides in Glasgow, when you claim that you are able to earn £200 per day as self employed working from home. This raises doubt regarding the earnings you have claimed from self employment.

Furthermore, it is also noted that the financial costs of running two homes plus the costs of flying.between Glasgow and Belfast would be quite substanti , which further adds weight to our concerns as stated above.

Client


You have provided 14 invoices for your clien, t _
£29,000. During your interview you confirmed that ' and the nature of their business is 'IT development'.

T.td showing a total sales of
. Ltd is your only client

A search of the internet using the name and address or _ Ltd does not show a website. C mpanies House shows the nature of the business is 'Business and domestic software development'.


We have concerns regarding the payments from your clien•t

_ f:f Solutions and the invoices

and the bank statements provided. The dates which you have invoiced your client are the same as the dates on which your client paid the amounts owed into your bank account. It does not seem plausible for a business to invoice a client and receive payment on the same day.
- In addition it is noted that your client's business is IT related and yet does not have a website which rai es further doubts.•regarding if the earnings you have claimed.

Advertising

During the interview you were questioned about how you advertised your business and fourid your clients as follows:

Q11: How do you attract clients to your business?
A: Through recruitment agency, I self market, I approach them and send my business profile to them.

Q15: How did your clients know about your business?
A: Through the Agency 's

Your response only provides basic information which is of concern as we would expect the owner of a business to be able to divulge more detailed information regarding how a client secured the services of their business.

Bank Statements

During the interview you were questioned about transactions showing on your bank accounts as follows:

Q23: Your bank statement for your business shows that as soon as you are paid by '
Solutions you instantly pay yourself Dividend - why is this and why do you not wait to the end of each month before making your Dividend payments?
A: I never observe this whenever there is a need I transfer money to my bank account. I have
commitments to my family in India and UK

Q25: The Santander bank statement provided shows money being credited to your account and shortly transactions debited from your account totalling the amount that was originally paid in. Can you explain why you this is?
A: I have commitments to my family in India and I have some debit in India I need to clear I send them money

Q26: Your account shows on 2015 you received a payment of £2000 from WU -can you tell me who this is and what the payment was for?
A: It is Western Union, My relative in India my cousin, He borrowed a money from me and he returned back the money to me he returned it via Western Union

Your responses at interview and the information provided in the bank statements further adds to our existing doubts about whether the monies shown on your bank statements has been earned through genuine employment.

iv. verification of your previous earnings claims with de.clarations made to other Government Departments, including declarations made in respect of earnings claimed by you in previous applications;


You submitted a Tier 1 (General) application on 2011 and claimed total earnings of
.£38,303.56 of which £17,080.32 was salaried employment and £21,230 was self employed earnings.You submitted a Tier 1 (General) extension application on : 2013 .and claimed total earnings of £37,013.85 of which £18,833.63 was salaried and £18,182.23 was from dividends from self employment.

The Secretary of State has conducted further enq nes with HM Revenue and Customs to establish self-employed earnings and dividend payments which had been declared to HM Revenue and Customs. HM Revenue and Customs records show the following information:


Tax Year
Total earnings Self Employed:
Net Profit/Dividends
2009/10 {12,330
2010/11 {38,234 {19884 Net Profit
2011/12 [20,102 [1550 Net Profit
2012/13 [41,689 [16364 Dividends
2013/14 [19,094 [900 Dividends

We have considered the evidence you have provided and yo':1r responses at interview with the above HMRC information,. Whilst we are satisfied that there are no discrepancies of amounts

claimed on previous applications and the amounts declared to HMRC, we do have concerns regarding fluctuating earnings in the above tax years.

HRMC records show a significantly lower amouht of earnings during the years in between applications. During the interview you were asked to provide an explanation why earnings were
' greater during the periods claimed for previous applications and you replied 'IT business fluctuates, there was no work during that period I never observed ,that it was different'.

Your reasons for the differences in earnings are noted. However due to our existing concerns regarding earnings claimed in your current application, it does not seem credible that the fluctuations in IT business which you state caused your self employed earnings to be higher in the tax years above coincided with the periods claimed in your previous applications.

For the•reasons outlined above, the Secretary of State on balance of probabilities is not satisfied that the self employed earnings you have claimed in your Tier 1 (General) application are• genume.
Paragraph 7 to 34 of Appendix A of the Immigration Rules Previous Earnings
You have claimed 20 points for previous earnings. However, as explained above we are not
satisfied the your self employed earnings are genuine. As your salaried earnings only total
£16,212.27 no points have been awarded for Previous Earnings. UK Experience
As O points have been awarded for Previous Earnings, we have therefore been unable to award points for UK Experience.
Age
20 have been awarded as claimed in your application. Qualifications
35 points have been awarded as claimed in your application.
Therefore, you have been awarded in total 55 points under Paragraph 7 to 34 of Appendix A of the Immigration Rules.
Therefore you do not satisfy the requirements of the Immigration Rules and it has been decided to refuse your application for Leave to Remain as a Tier 1 (General) migrant under paragraph 245CD of the Immigration Rules as you do not meet the requirements at paragraph 245CD(g) under paragraph 19(i) & 19(j) on Appendix A.
Right to verify
Please note, on this occasion we have not carried out full verification checks to ensure the authenticity of the documents you submitted or the statements that you have made on your application form, as your application falls for refusal on other grounds as outlined above.
However, the Home Office reserves the right in future to request independent third pa.rty verification to check the authenticity of any piece of supporting documentation that you provided with this application, or will provide in any future application or any statements that you have made or will make in connection with this cir any future application.

The Biometric Residence Permit (BRP) you submitted with your application has been retained and destroyed as it is no longer valid.

Enforcement Warnin2'
Re:Mr:
Date of decision: •
Om ref: I
ADMINISTRATIVE REVIEW
You may seek administrative review of the decision to refuse leave to remain. You may only seek an administrative review of this decision if you think there has been a case working error. There is a fee for administrative review. The fee will be refunded if the outcome of the administrative review is at leave is granted.
You may apply for administrative review online. The online application can be accessed at https: // eforms.homeoffice.gov.uk / outreach/UKVI Admin Review Guidance.ofml
You have 14 calendar days after the date on which you received this decision to apply for administrative review.
IMMIGRATION HEALTH SURCHARGE
If you have made an Immigration Health Surcharge payment in relation to your refused application for leave to remain, it may be refyndable. If you do not apply for administrative review it will be refunded after the time period to apply for administrative review has expired. If you apply for administrative review, it will only be refunded if your application for administrative review is unsuccessful. If and when your Immigration Health Surcharge is refundable we will provide you with further notice.
LIABILITY FOR REMOVAL
Persons who require, but no longer have, leave to enter or remain may be liable to removal from the United Kingdom under section 10 of the Immigration and Asylum Act 1999 (as amended by the Immigration Act 2014). •
You may be detained or placed on reporting co ditions.
You do not have to leave the United Kingdom during the time period in which you may apply for administrative review. If you apply for administrative review you do not need to leave the United Kingdom until we decide your application. If you do not apply for administrative review, or extend your leave to remain on another basis, you will soon be given further notice that you must leave the United Kingdom.
If you wish to seek legal advice you must do so now.
CONSEQUENCES OF ILLEGALLY STAYING IN THE UK
• Persons who remain in the UK without lawful basis may be prosecuted for the offence of overstaying under the Immigration Act 1971, the penalty for which is a fine and/ or up to 6 months imprisonment. If you do not leave voluntarily and removal action is required you may face a re-entry ban of up to 10 years. If you decide to stay, then your life in the UK will become increasingly more difficult. For example, some of the consequences of not leaving immediately will be that:
• You ,vill not be allowed to work in the UK. Immigration Enforcement Officers visit workp'iaces and•any employer found to be employing an illegal immigrant may be liable for a civil penalty of up to £20,000 per illegal worker.
• The Immigration Act 2014 will require landlords to conduct immigration checks. Landlords will face a penalty if they let a property to an illegal migrant.
• You are not entitled to claim benefits. Immigration Enforcement will share your details with HMRC or DWP. You may be liable for prosecution if you make a false declaration

to these organisations or fail to inform them of a change in your circumstances which affects your entitlement to benefits.
• You may be charged for any secondary healthcare you receive.
• Immigration Enforcement may share your details with financial fraud prevention organisations to allow service providers to decide whether you should have access to financial products such as bank accounts and credit agreements.
• Immigration Enforcement will ask the DVLA not to issue you with a driving licence. If you already have one, we will ask the DVLA to consider cancelling it. If your licence is cancelled, you will then be unable to drive legally in the UK.
IF YOU HAVE FURTHER REASONS FOR WANTING TO STAY IN THE UK
If you wish to apply for leave to remain in another capacity you must do so on the appropriate application form with the appropriate fee. Further information and the relevant application forms can be obtained from our website www.gov.uk/uk-visas-immigration.
If you are liable for removal it is in your interests to make any further application quickly as your removal may be enforced. •
HELP AND ADVICE ON RETURNING HOME
The Home Office Voluntary Departure Service can be contacted for help on returning home.
The team can discuss your return, obtain your travel document and send it to the port of departure, help with the cost of your tickets or provide other practical assistance.
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You can email the teams. Email:
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max4444 wrote:Hi Zubair

Congrats on AR successfull.
MY ILR is refused can you please help me out in writing my AR. i am not good at writing these AR. if you can suggest or advise some one who can help me out and get my AR successfull.

Please desist from tagging your question onto other members topics. You already have a long running topic where you have been receiving advice already.