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Self employed HSMP applicants

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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sule
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Self employed HSMP applicants

Post by sule » Sun Oct 07, 2007 10:36 am

I have been a member of the forum only for a while and notice there are very few contributions in view of self employed applicants. There is some information on independent contractors though..

I have recently applied for HSMP but refused on earnings evidence. I applied for a review and got to hear the original decision has been upheld.


I had a chat with the CW about my refusal, the main reason not being able to verify my tax certificate as I did not provide my user name and password to log on to the tax authority site.. I submitted this information in my review but it was not accepted and considered ''additional'' information/evidence. I however have a different view to this as it is ''evidence'' supplied in ''support'' of the initial application according to the HSMP review guidance.. My user name and password could not be used to make a decision but be used to ''aid'' a decision... Well thats up to interpretation I guess..

One thing I have come to notice is that CWs use previous cases they have dealt with as benchmarks for future decisions, which is not bad, but could stifle initiative.. Posts of form 16 and the Indian Saral for instance showed lots of refusals when this was changed.. and in my case because previous applicant had provided log in details with tax card, the CWs have taken this as the benchmark..

I was thinking of putting in a complaint but was told this takes a while as the HO office in Sheffield dealing with complaints was affected by the flood a few months ago hence response times are not certain, so I have to fork out another 400 quid!.. :cry:

Learnt my lesson and will spell it out clear in my next application, I will leave no room for intiative of the CW!

1971
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Joined: Fri Jun 16, 2006 1:27 pm

Post by 1971 » Mon Oct 08, 2007 2:03 pm

@

I have a similar experince but the CW extended my stay in the Uk for another one year which will allow me to present a tax returns at my next extension since this was my first extension.Caseworker claimed that they made a mistake in my initial EC. My business was registered for only 4 months and 3 weeks and hence Cw was unable to confirm my tax returns as your business must have been trading for 1 year to have a tax certificate in the Uk.So, where are you applying from? UK or out-of-country? Let me know, then I can advise you or better tell you who to advice you in simple and clear terms.

~1971.

sule
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Post by sule » Mon Oct 08, 2007 5:39 pm

Thanks for your remarks. I am an in country applicant as I have recently finished study in the UK. I provided the following docs

-Personal bank statements
-Income tax clearance card (cw said did not suffice wanted log in details of card)
-Unaudited accounts
-Copies of contract (cw said copies not okay even when guidelines say okay :))
-Invoices

I also provided supplementary information
-Accountants letter
-Business bank statements

On my review the cw spoke to their manager per submitting log in details with review but was told can not accept it as it is additional information.. Here is a quote from the CWs review guidelines

''The following does not constitute new information:
• Justifiable reasons/explanations why the applicant feels we have misinterpreted HSMP criteria or evidence submitted in support of the initial application; and
• Repeat copies of material we have already seen..

This is my view if I gave the cw just my log in as tax information without additional info would this suffice.. My log in details only support my tax card only because the cws are not prepared to carry out independent verifications!

:roll:

Its almost like there are two guidelines, one for CW, and one for applicant!

1971
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Posts: 222
Joined: Fri Jun 16, 2006 1:27 pm

Post by 1971 » Tue Oct 09, 2007 1:50 pm

Have you requested for a review? If yes, you can still go for review. If you, go for it but make sure you state it clearly your reason why the decision made is not accpeted by you stating all paragraphs in the relevant FLR(HSMP) Guidance Notes. Corroborate all your evidences with documents you submitted earlier. My case is slightly different bcos I want given another 1 year extension with caseworker claiming mistakes were made in my intial EC by the ECO in my country,Nigeria with 'No right of appeal'. Still I'm not satisfied with his decision.

Regards,
1971.

fairlady231
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Post by fairlady231 » Sat Oct 20, 2007 6:09 am

1971,

Are u in the Uk right now? are u self employed too? I would need to ask u some questions as i am about to register my company as well.

SYH
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Post by SYH » Sat Oct 20, 2007 8:56 am

Sorry what tax certificate are they looking for???
VAT?
Paye???

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