HSMP to Tier1 extension refused, New policy guidance Help pl

[Aqeel]

Hi Guys,
I need urgent Help my HSMP-tier1 extension refused under paragraph 141 and 142 of the new policy guidance.

Grounds of refusal

1. Accountant should be a member of a registered body such as ACCA, CIMA, ACA, CIPFA etc. accountant's letter doesnt state that

2. there should be atleast two forms of evidence i should have provided from the following to support the self employment earnings.

i. employers liability insuranc from authorised insurer.
ii. proof of regestration with HM revenue.
iii. proof of regestration with hm revenue and customs as an employer to PAYE & NI
iv. certificate of VAT
v. latest corporate/bankstatment.
vi.latest annual self assesment tax return to HM revenue and customs.
vii. proof of ownership of business.

Now my accountant is AAT member and I have 5 out of these 7 documents which i didnt attach with my application cz i didnt know of the new policy guidance I applied on may the 6th and received decision on 12 november.

can anyone please advice should i do ? should i take the solicitor or prepare the case myself? and do i need to send complete file again to tribunal?

your urgent help will be much much appreciated.

Regards,
Aqeel

[blue.olive]

Hi Guys,
I need urgent Help my HSMP-tier1 extension refused under paragraph 141 and 142 of the new policy guidance.

Grounds of refusal

1. Accountant should be a member of a registered body such as ACCA, CIMA, ACA, CIPFA etc. accountant's letter doesnt state that

2. there should be atleast two forms of evidence i should have provided from the following to support the self employment earnings.

i. employers liability insuranc from authorised insurer.
ii. proof of regestration with HM revenue.
iii. proof of regestration with hm revenue and customs as an employer to PAYE & NI
iv. certificate of VAT
v. latest corporate/bankstatment.
vi.latest annual self assesment tax return to HM revenue and customs.
vii. proof of ownership of business.

Now my accountant is AAT member and I have 5 out of these 7 documents which i didnt attach with my application cz i didnt know of the new policy guidance I applied on may the 6th and received decision on 12 november.

can anyone please advice should i do ? should i take the solicitor or prepare the case myself? and do i need to send complete file again to tribunal?

your urgent help will be much much appreciated.

Regards,
Aqeel

Hi Aqeel

1.Get the accountant letter and accounts from ACA or ACCA accountant
2. If HO give you right to appeal then you can go either way, but immigration appeal is slightly tech. thing, its better you involve a solicitor into that and be on top of matters. Ensure what is required and what else you have provide.
Good luck
Olive

[Aqeel]

Thanks Olive for your prompt reply,
Welll I've got all the required documents, which I didnt submit with my application cz i didnt go through 6 April's 2010 guidance, I submitted my business bank statement and even my NI contribution slips for my business and all other dox e.g financial summary, invoices, on account tax which i paid, but like everyone says case workers dont use common sense they just go by the book.

my accountant is AAT member and its just like ACCA, ACA or CIMA, and he has many HSMP/Tier1 candidates.

I definitely want to take a lawyer but I have no idea who is best at such cases, do you know any solicitor who could prepare my case in a better way?

Regards,
Aqeel

[jami]

Please reproduce exact wordings of refusal letter about Accountant so that it could be ascertained that objection was on the accountant letter head paper for not mentioning his membership or being AAT member is not a certified accountant . The relevant text of Home Office Guidance reads as under:

"All accountants must be either fully qualified chartered accountants or certified accountants who are members of a registered body such as ACCA, CIMA, ACA, CIPFA etc."

Whether members of Association of Accounting Technician (AAT) are "certified accountant" needs further deliberation by members of this forum

[geriatrix]

AAT is a qualification and membership body of finance and accounting staff. Therefore members need not be fully qualified chartered accountants or certified accountants.

For PBS purposes, one needs the services of a fully qualified chartered accountant or certified accountant, as explained in the policy guidance.



regards

[Aqeel]

Thanks Sushdmehta and Jami,

I've given my case to a very good lawyer, and he discussed exactly the same with me regarding Accountant and suggested me to get a letter from ACCA or CA certified accountant which I'll get it tomorrow and rest ov the dox I already had, its just that I didnt attach them cz i thought there was no need to attach them and tried to keep the case as simple as possible.

So do you think registering with ACCA or CA accountant this point in time can be a good thing to do? or lawyer is just trying to make me his client?

Your quick reply will be much much appreciated i just have few more days to lodge the appeal and also do you know about the law firm Turpin and Miller or Malik Legal advisors in manchester? if yes please rate them for me

Regards,
Aqeel

[jami]

As per the law/rules in an appeal one cannot rely on a document/evidence which was not before the case worker. Hence obtaining a new letter from a CA at this stage would not work but rather would be damaging/costly.
Members of AAT appears to be "registered accountant" and hence their letter should be entertained. Ask your AAT person to give you a copy of his practicing certificate and attach that with appeal alongwith these:
1. HMRC document containing UTR
2. HMRC document regarding PAYE/NI registration
3. AAT accountant letter

[Aqeel]

Thanks alot Shahid Jami,

I've already got the these documents which you mentioned and its just now upto the solicitor how he represents the case.

Best Regards,
Aqeel

[saimas]

Please can someone guide me on da same issue my accountant is acca qualified and member of registerd body bt the accountant firm is not registerd i did not know about it, please if some one can guide me i have got my refusal that they had confirmed via Telephone that my accountant has confirmed via tel that they are not registerd firm. what shall i do ...Do i make new accounts from chartered accountants and give with my apeal or shall i take my accountant registration details etc, and one more thing my accountant has got a counter firm which is a chartered certified firm...please i shall be grateful if i shall get some advice on it..Thanks...