Right to job

[shahzaad]

Please note that my visa refused due to non submission RTI Submission
reports along with the application for the extension of Tier 1 Visa.
Although the reports were submitted in 2015, 2016 and 2017 but not
regularly on monthly basis.

Is there any way we can get RTI reports from any other source as HMRC takes
4-6 weeks? I have to apply for admin review by 08-05-2018. I had already
requested HMRC but they will take time. Is there any way to get those reports from any other source.
please guide me along with the impact of irregular submission on my application

[moongesture]

Have you claimed the employment during the missing FPS-RTI period?
HMRC will respond only if you have reported for every month and your data was lost due to some technical and/or hardware failure. Lost FPS can be recovered by data recovery services if the hardware use had some backup.

[shahzaad]

I have received confirmations in the email regarding for Full Payment Submission for the period claimed when reported but reported some time after 2 months or 3 months. Employees were paid salary on monthly basis from the business bank account. All taxes have paid and nothing is outstanding in HMRC record

I have also told to HMRC that data was lost due to hardware failure

You mentioned that lost FPS can be recovered by data recovery services if the hardware use had some backup. How can I check that I have data recovery services?

[moongesture]

Can you clarify that what kind of email confirmation it was?

It's not the case when you have reported for employees it must be for each month throughout the period. Though HMRC can penalise an employer if they are late or not submitting FPS at all (and it's upto GBP 250 for each late submission)

Search data recovery services online and in your area where IT firms can deal with data restoration & recovery and take your hardware to them, they can use specific intelligent software which can be used for data recovery, its very common service and available almost in every city now or even online.

[marcnath]

Please note that my visa refused due to non submission RTI Submission
reports along with the application for the extension of Tier 1 Visa.
Although the reports were submitted in 2015, 2016 and 2017 but not
regularly on monthly basis.

Is there any way we can get RTI reports from any other source as HMRC takes
4-6 weeks? I have to apply for admin review by 08-05-2018. I had already
requested HMRC but they will take time. Is there any way to get those reports from any other source.
please guide me along with the impact of irregular submission on my application

Even if you get the reports, it will not be considered for AR. No new evidence/documents are accepted during AR.

But it should not matter (for immigration purposes) if you have not submitted FPS on a monthly basis as long as you have submitted all the months FPS. So I am confused by what your situation is.
Are you saying you pay your employees in Jan, Feb, March (for example) but then only submit the FPS for all three months in March ? When you do the submission, do you submit three times or are you declaring 3 months salary as paid in one month ?

[shahzaad]

What will the the situation if I apply fresh application but the problem is that to get the report from HMRC takes 4-6 weeks


Is there any option to get duplicate RTI reports from any other source?

[marcnath]

What will the the situation if I apply fresh application but the problem is that to get the report from HMRC takes 4-6 weeks


Is there any option to get duplicate RTI reports from any other source?

You can always print out RTI reports from the software used to submit the RTI in the first place.

[shahzaad]

What will be the situation, if I resubmit again and generate reports for full payment submission. Will that RTI FPS will be acceptable to home office or should I pursue will HMRC to send reports quickly.

Please guide

[marcnath]

What will be the situation, if I resubmit again and generate reports for full payment submission. Will that RTI FPS will be acceptable to home office or should I pursue will HMRC to send reports quickly.

Please guide

What do you mean resubmit ? You generally cannot submit FPS that has been submitted again and definitely not those for a previous year.

Why can't you get the FPS from the software you used to submit ?

Happy to try and help but if you can't be clear about your situation it is difficult to do that.

[shahzaad]

What will be the situation if I apply for Admin review and before the decision of admin review, put a fresh application by enclosing the RTI FS report by getting it through HMRC as my computer was formatted twice during this period. Recovery from software not possible

Will home office accept fresh application by addressing discrepancies pointout before the decision of admin review?

Please guide

[marcnath]

What will be the situation if I apply for Admin review and before the decision of admin review, put a fresh application by enclosing the RTI FS report by getting it through HMRC as my computer was formatted twice during this period. Recovery from software not possible

Will home office accept fresh application by addressing discrepancies pointout before the decision of admin review?

Please guide

Yes, you can make a fresh application anytime now as you are still covered by Section 3C. Section 3C will end once the fresh application is accepted and you will be an overstayer from that day on.

[shahzaad]

Please note that I got letter from Home Office for unsuccessful application in the Admin review in Tier1 Application. I am planning for fresh application as some mandatory documents were not enclosed in the application. I have been given 14 days for applying and have to inform through application form available at www.gov.uk/ukvi.

Further I received an enforcement Notice along with refusal letter issued on the same date under section 10 of immigration and Asylum Act 1999 where as I have been told you will not be removed for the seven calendar days after you receive this notice. Following the end of this seven days period, and for up to three months from the date of this notice, you may be removed without further notice. I have been granted immigration bail and not allowed to work.

I have two question, if anybody can guide me then I will be highly obliged
1. As I am applying fresh application with in 14 days but could not find any form on the link provided in the Home Office letter. I assume that I have to submit fresh application form and there is no other form for intimating to the Head Office about my intention to apply fresh application

2. Enforcement notice is for seven calendar days while I have 14 days for fresh application. Should I apply for immigration bail to cover the period after 7 days till 14 days. Keeping in view enforcement notice, If i apply with in 14 days then may continuous period for 5 years for ILR would remain valid or it will break after 7 days

Please advise me and guide me on both of my concerns especially regarding enforcement notice

I will be highly obliged

[marcnath]

I have two question, if anybody can guide me then I will be highly obliged
1. As I am applying fresh application with in 14 days but could not find any form on the link provided in the Home Office letter. I assume that I have to submit fresh application form and there is no other form for intimating to the Head Office about my intention to apply fresh application

2. Enforcement notice is for seven calendar days while I have 14 days for fresh application. Should I apply for immigration bail to cover the period after 7 days till 14 days. Keeping in view enforcement notice, If i apply with in 14 days then may continuous period for 5 years for ILR would remain valid or it will break after 7 days

I believe this is a standard letter.

You can send in a letter as soon as possible with the reference number to say that you are filing a new application in 14 days.

If you fresh application is successful, the continuous period will not be affected.

[shahzaad]

Thank you very much for your response and feed back.

I would need another favour if you can please guide me at which address of Home Office where I have to send the letter intimating them that I am applying fresh application.

[marcnath]

Thank you very much for your response and feed back.

I would need another favour if you can please guide me at which address of Home Office where I have to send the letter intimating them that I am applying fresh application.

Just send it to the address that you can find in the letter you got.

I am not aware of any specific address for this.

[shahzaad]

Thank you for guidance

[shahzaad]

Please note that I am dependent of tier 1 entrepreure main applicant and is doing job. Our extension application was refused due to non sumbission of documents in the admin review as well. We have submitted new application with in 14 days of refusal admin decision.

In this regard, our biometric is done. I just got a call from my employer informing that they got intimation from Home office that my visa is refused. I told them that I have applied again with in the given time line and given them copy of my recent biometric with new case ID


Can you update me whether I can continue job after fresh application as biometric is already done after fresh application

[CR001]

Topics Merged (click)

[CR001]

Please note that I am dependent of tier 1 entrepreure main applicant and is doing job. Our extension application was refused due to non sumbission of documents in the admin review as well. We have submitted new application with in 14 days of refusal admin decision.

In this regard, our biometric is done. I just got a call from my employer informing that they got intimation from Home office that my visa is refused. I told them that I have applied again with in the given time line and given them copy of my recent biometric with new case ID


Can you update me whether I can continue job after fresh application as biometric is already done after fresh application

Your Section 3C protection ended when AR was refused and you now have no legal status in the UK. You will need the new application to be successful for the overstay to be ignored.

As you have no legal status, any right to work checks done by your employer will come back negative, meaning you cannot work.