Tier 1 Refused - right of appeal

[drkooper]

Hii everyone, I am back after sometime.  My story so far.
Applied for tier 1 extension on 27th may 2011. 
Part earning were salaried and part were self employed.
  I had asked for help at the time of application regarding the self emloyed earnings. Want to confirm that self employed earnings are before tax and not after tax as was told by some forum members. 
  Jump to present day after a bit of calling and persuasion to speed up my case I got a reply today on 16th march that out of 6 persons they could only verify the earnings from 4 persons. They had sent letters to my customers to verify the earnings but apparently one person had moved his address and the other has left the country . I am in touch with both of them. I have got a right of appeal. 
  My question is what documents should I give in order to confirm my earnings from these two people. I was thinking of getting a letter from them stating that they paid the money to me and attach their passport as proof of ID.
  Any other ideas are welcome. Time is limited for me so pls let me know and if you have any questions regarding tier 1 maybe I can help as well.

Regards
A

[bond.boy203]

not sure if this will help but its worth showing your clients bank account statement highlighting the transfer done to your account.

[drkooper]

not sure if this will help but its worth showing your clients bank account statement highlighting the transfer done to your account.

Thanks For replying. Hadn,t thought about it but will consider.
Do I need a lawyer to represent myself or should I do it on my own?

[Manka10]

mate, you better talk to an immigration consultant, looks like your case has been hanging for too long & its reached to the stage of appeal where you dont want anything to go wrong

[vinny]

May be a tricky appeal, due to 85A.

[benneviss]

You must consult solicitor or barrister and not immigration adviser, don't bother about money now just go for the best .

You can take written statement from both your client stating that they have paid and left country .

Good Luck

not sure if this will help but its worth showing your clients bank account statement highlighting the transfer done to your account.

Thanks For replying. Hadn,t thought about it but will consider.
Do I need a lawyer to represent myself or should I do it on my own?

[nionlight]

Yes You better consult with an experienced consultant. Please do not just go to the cheapest one available. Do some research if necessary ask for feedback in forum , and even the charge may a bit higher, go to the best one.

Just remember Tier-1 is closed and this is your last chance. Even though you may need to pay a bit more, go for the best one, at the end of the day it will be worth it!. If your clients did pay you through bank transfer and they have statement proving that I see a good chance of winning the appeal. Good luck.

[benneviss]

I beg o differ here on section 85A. He has already submitted documents which were not considered by UKBA . If now he submits additional evidences to prove genuineness of earlier documents then 85a doesn't come in his way.

I understand that with 85A you can't submit new documents .

I hope this make sense.

May be a tricky appeal, due to 85A.

[aka189]

If you are self employed did you get any letter from Accountant to confirm your business earnings?

I believe if you are claiming profits from business then accountant letter is must. And even if you claim dividend and salary accountant letter is required.

What documents did you submit?

[drkooper]

If you are self employed did you get any letter from Accountant to confirm your business earnings?

I believe if you are claiming profits from business then accountant letter is must. And even if you claim dividend and salary accountant letter is required.

What documents did you submit?

First of all thank you all for your contribution. And yes, I did send the invoices and the accountant letter confirming my earnings. The only issue they have raised is that they cannot accept the earnings of two of my customers as they could not verify the earnings as they cahnged their address

[drkooper]

May be a tricky appeal, due to 85A.

Thank you VINNY, may I ask why do you feel it is a tricky issue? Sorry for being daft but am unaware about legal processes?

[drkooper]

Just to add I submitted invoices and bank statements for the payments received. Payment was through internet banking so can be verified from the bank statements but they choose to ignore that. Also, send an accountant letter to verify my self employed earnings along with my salaried payslips.

[vinny]

On a strict reading of s.85A, the Appellant is not entitled to rely on the supplementary documents because these had not been submitted with the application.

However, as benneviss correctly stated, you may provide any additional documents that go towards proving that a previously submitted document was genuine or valid – the only exception under s.85A(4); or show that the UKBA had acted unfairly.

[drkooper]

On a strict reading of s.85A, the Appellant is not entitled to rely on the supplementary documents because these had not been submitted with the application.

However, as benneviss correctly stated, you may provide any additional documents that go towards proving that a previously submitted document was genuine or valid – the only exception under s.85A(4); or show that the UKBA had acted unfairly.

I had provided the documents like invoices, bank statements which match the payments received from the invoices and accountant letter to corroborate my earnings. Its when the caseworker sent letters to my customers that 2 of them did not received it due to changing their address that they could not sent the form back so UKBA said in the letter of refusal that they could not verify their earnings. I was in contact with the caseworker so if she would have told me that she did not got a response then I could have provided the updated address for these people. But she just said the earnings could not be verified. So I think there is a case of unfair treatment here.
I have been given until 30th march to respond. Pls let me knowhow can I go about preparing my response. I have been sent an IAFT form to appeal against the decision.

Thanks

[aka189]

Can I ask when you said you were in contact with case worker, did you making calls to them?

I guess if you provided all the supporting documents then you will have good case for appeal. I will only suggest go for the appeal now you only have that option.

[benneviss]

OK , As advised before you must go and see a solicitor or barrister , whatever they charge . No immigration consultant .

But lets discuss your case here .


Case worker is right , he/she couldn't verify your earrings because your clients have changed their address.

If I were you I would have kept contact with all my clients specially when I am relying on their payments and update UKBA with their new addresses.

Now , you might have following arguments in your side ,

When did you work for your clients ? When did your case worker approach your clients ? Longer the period ,better are chances .

Having said that client can change his /her address even next day after your payment but it is important that Case worker shouldn't have taken long to contact them after your application. You said your application was pending for a long time.

Moreover, if your clients have moved then UKBA might have received mail back saying addressee left . Then they could have contact clients by email or phone .

It appears that case worker had not acted fairly and didn't take all reasonable steps to contact parties .

Good luck

On a strict reading of s.85A, the Appellant is not entitled to rely on the supplementary documents because these had not been submitted with the application.

However, as benneviss correctly stated, you may provide any additional documents that go towards proving that a previously submitted document was genuine or valid – the only exception under s.85A(4); or show that the UKBA had acted unfairly.

I had provided the documents like invoices, bank statements which match the payments received from the invoices and accountant letter to corroborate my earnings. Its when the caseworker sent letters to my customers that 2 of them did not received it due to changing their address that they could not sent the form back so UKBA said in the letter of refusal that they could not verify their earnings. I was in contact with the caseworker so if she would have told me that she did not got a response then I could have provided the updated address for these people. But she just said the earnings could not be verified. So I think there is a case of unfair treatment here.
I have been given until 30th march to respond. Pls let me knowhow can I go about preparing my response. I have been sent an IAFT form to appeal against the decision.

Thanks

[drkooper]

I. Am planning to see a solicitor. If anyone knows any good solicitor please let me know.
I had sent a fax to caseworker and she replied me by email. But this haPpened only after the first 6 months.
As for informing Ukba about change in address , I would like to say that out of those 2 people, one of them was contacted by phone and he answered satisfactorily. As for the other customer I had also provided an email address in case they left the country. But the CW did not contacted that person by email.

[benneviss]

As you are aware no one allowed to provide any one business details , you can google up and see what comes up. You can check solicitors details on SRA.

Please don't go for any pay slip or anything , it would be a fraud.

I. Am planning to see a solicitor. If anyone knows any good solicitor please let me know.
I had sent a fax to caseworker and she replied me by email. But this haPpened only after the first 6 months.
As for informing Ukba about change in address , I would like to say that out of those 2 people, one of them was contacted by phone and he answered satisfactorily. As for the other customer I had also provided an email address in case they left the country. But the CW did not contacted that person by email.

[shahjee11]

If you have paid tax on all of your self employed income, it would also add weight to your appeal.

[drkooper]

Went to see a solicitor, he said I need t get a letter from my clients that they studied from me and to get it attested locally by a lawyer . Now my student is from Thailand , how would a judge know whether it is properly attested by a lawyer or not. Also the fees for the solicitor is 850. Do u think it's reasonable ?

Thanks
A

[narsii]

Hii everyone, I am back after sometime.  My story so far.
Applied for tier 1 extension on 27th may 2011. 
Part earning were salaried and part were self employed.
  I had asked for help at the time of application regarding the self emloyed earnings. Want to confirm that self employed earnings are before tax and not after tax as was told by some forum members. 
  Jump to present day after a bit of calling and persuasion to speed up my case I got a reply today on 16th march that out of 6 persons they could only verify the earnings from 4 persons. They had sent letters to my customers to verify the earnings but apparently one person had moved his address and the other has left the country . I am in touch with both of them. I have got a right of appeal. 
  My question is what documents should I give in order to confirm my earnings from these two people. I was thinking of getting a letter from them stating that they paid the money to me and attach their passport as proof of ID.
  Any other ideas are welcome. Time is limited for me so pls let me know and if you have any questions regarding tier 1 maybe I can help as well.

Regards
A

Hi drkooper,

Thanks for the detailed info .

Seems i am also travelling on the same boat , i applied my tier -1 extension on 20 th of december 2011 and still waiting for a response .

The difference is that i am a contrator and i have a LLC , I provided the payslips, dividend vouchers , bank statements etc ,Letter from the Accountant confirming my earnings ,

I havent heard from UKBA till now , i would like to know how you approached UKBA for getting your status of the application . Please guide me .

Cheers,
Lakshmi

[QuickSam]

Hi drkooper,

Thanks for the detailed info .

Seems i am also travelling on the same boat , i applied my tier -1 extension on 20 th of december 2011 and still waiting for a response .

The difference is that i am a contrator and i have a LLC , I provided the payslips, dividend vouchers , bank statements etc ,Letter from the Accountant confirming my earnings ,

I havent heard from UKBA till now , i would like to know how you approached UKBA for getting your status of the application . Please guide me .

Cheers,
Lakshmi

What documents have you included? What savings have you shown?

[narsii]

Hi drkooper,

Thanks for the detailed info .

Seems i am also travelling on the same boat , i applied my tier -1 extension on 20 th of december 2011 and still waiting for a response .

The difference is that i am a contrator and i have a LLC , I provided the payslips, dividend vouchers , bank statements etc ,Letter from the Accountant confirming my earnings ,

I havent heard from UKBA till now , i would like to know how you approached UKBA for getting your status of the application . Please guide me .

Cheers,
Lakshmi

What documents have you included? What savings have you shown?

Hi Sam,


I am a contractor with own LLC .

Documents provided( All in original, ALL paper statements from the bank - Not Online statements ) ,
Passport,
Original Masters Degree,
12 months Pay slips ,
6 Divided Vouchers ( Printed on the LetterHead),
Bank statemets for the past 12 months ( for my previous earnings and maintainace funds ) ,
Company incorporation documents ( original ) ,
Business Account statements from the bank ,
Letter from Accountant confirming the Earnings( Original on the letter head ) .

As my company was incorporated in Jun 2011, I dont have any tax return documents .

I am not sure if i missed any required documents .

Cheers,
Lakshmi

[drkooper]

Hii everyone, I am back after sometime.  My story so far.
Applied for tier 1 extension on 27th may 2011. 
Part earning were salaried and part were self employed.
  I had asked for help at the time of application regarding the self emloyed earnings. Want to confirm that self employed earnings are before tax and not after tax as was told by some forum members. 
  Jump to present day after a bit of calling and persuasion to speed up my case I got a reply today on 16th march that out of 6 persons they could only verify the earnings from 4 persons. They had sent letters to my customers to verify the earnings but apparently one person had moved his address and the other has left the country . I am in touch with both of them. I have got a right of appeal. 
  My question is what documents should I give in order to confirm my earnings from these two people. I was thinking of getting a letter from them stating that they paid the money to me and attach their passport as proof of ID.
  Any other ideas are welcome. Time is limited for me so pls let me know and if you have any questions regarding tier 1 maybe I can help as well.

Regards
A

Hi drkooper,

Thanks for the detailed info .

Seems i am also travelling on the same boat , i applied my tier -1 extension on 20 th of december 2011 and still waiting for a response .

The difference is that i am a contrator and i have a LLC , I provided the payslips, dividend vouchers , bank statements etc ,Letter from the Accountant confirming my earnings ,

I havent heard from UKBA till now , i would like to know how you approached UKBA for getting your status of the application . Please guide me .

Cheers,
Lakshmi

I had gone for PEO CArdiff. I found their fax number online and started sending 1 fax everyday . After about a month I was contacted by the caseworker by email

[narsii]

If possible could you please share the document , so that i can use it as a template .