HO Asking for Documents post the interview

Hi

I have been sent a Letter post attending the SKype video interview asking for the below docs which they asked during the time of my interview:-

I completed my skype interview and recently posted a set of documents to Home office .Post that they have sent a letter requesting additional documents which they asked during the interview which i didnt post along that set previously.

Application type:--Tier 1 Entrepreneur extension
Nature of Business :- Management Consultancy in IT sector.

Further documents asked as below:-

1.Copy of a client work submitted to the client (During the interview i told that i submit the contract work periodically to the client through power point presentation)

2.Bank Statement showing all payments made to me from a particular X client

3.Contracts and invoices for work carried out for two particular clients A and B apart/different from X client mentioned above

My queries are as below:-

Point 1 above is not an issue as i can submit it

Point 2 ,where they ask for the Bank statement showing payments from a particular client:-

I have been doing contract work with this client for 11 months and iam able to produce the filtered transactions from the online bank account for the payment amounts received from this client for 11 months continuously.

Question 1 :-But will showing continuous receipt of payments from this one single client, project/show me as an Employee and the work carried out as Employment?

Point 3 ,they have asked for the contracts and invoices from 2 particular clients, which i mentioned the client names during the interview

But these contracts were done in 2015 and i have the Confidentiality Clause mentioned in my Contract where i cant divulge any info about the contract without the written approval of the issued clients.I tried to chase them to get their approval BUT as it was back in 2015,the people who issued me the contracts arent working there in those organisations. Pls note that these 2 clients are Big Businesses. Iam also very reluctant to submit those contracts.

Question 2:-Does Homeoffice is exempted from Data protection act?/Can Home office be considered a Thirdparty when it comes between my relationship with my client and me as the Service provider for my client in VIEW OF MY CONTRACT and can i mention that i cant disclose info to Third party without my clients approvals?

Question 2 :-If i dont submit the contracts and invoices as mentioned in the point 3 above , can HO reject my application based on genuineness /Balance of probabilities?

Question 3:--If in case iam rejected on the basis of genuineness /Balance of probabilities,will it affect my further application with HO if i try to switch to Tier 2 ?

Question 4:--What are the chances now a days for getting positive decisions from AR for cases rejected based on Genuineness/Balance of Probabilities?

Thanks in advance. Please give me in your Opinions.

dino17 wrote: ↑

Fri Mar 09, 2018 8:02 pm

Further documents asked as below:-

1.Copy of a client work submitted to the client (During the interview i told that i submit the contract work periodically to the client through power point presentation)

2.Bank Statement showing all payments made to me from a particular X client

3.Contracts and invoices for work carried out for two particular clients A and B apart/different from X client mentioned above

In general, HO has the right to ask you for documents and you need to provide them.

dino17 wrote: ↑

Fri Mar 09, 2018 8:02 pm

My queries are as below:-

Point 1 above is not an issue as i can submit it

Point 2 ,where they ask for the Bank statement showing payments from a particular client:-

I have been doing contract work with this client for 11 months and iam able to produce the filtered transactions from the online bank account for the payment amounts received from this client for 11 months continuously.

Question 1 :-But will showing continuous receipt of payments from this one single client, project/show me as an Employee and the work carried out as Employment?

Why would they ? It is quite common for customers to pay regularly and frequently.

dino17 wrote: ↑

Fri Mar 09, 2018 8:02 pm

Point 3 ,they have asked for the contracts and invoices from 2 particular clients, which i mentioned the client names during the interview

But these contracts were done in 2015 and i have the Confidentiality Clause mentioned in my Contract where i cant divulge any info about the contract without the written approval of the issued clients.I tried to chase them to get their approval BUT as it was back in 2015,the people who issued me the contracts arent working there in those organisations. Pls note that these 2 clients are Big Businesses. Iam also very reluctant to submit those contracts.

That is a tough one to argue. First, you have already told them the name of your client, which would normally be not allowed if you have a confidentiality clause. Second, most contracts would have an exception to the confidentiality clause allowing you to share the information at the request of the authorities. HO request would fall into an "authority". But, if that is not the case, you can reply to HO with the confidentiality clause as to why you are restricted and give them a waiver to directly request the contract from the customer. I am sure the customer will respond to a request from HO.

Why are you reluctant to submit the contract ?

dino17 wrote: ↑

Fri Mar 09, 2018 8:02 pm

Question 2:-Does Homeoffice is exempted from Data protection act?/Can Home office be considered a Thirdparty when it comes between my relationship with my client and me as the Service provider for my client in VIEW OF MY CONTRACT and can i mention that i cant disclose info to Third party without my clients approvals?

I don't think HO is exempted from any Data Protection Act. HO can't be a third party to you contract.

dino17 wrote: ↑

Fri Mar 09, 2018 8:02 pm

Question 2 :-If i dont submit the contracts and invoices as mentioned in the point 3 above , can HO reject my application based on genuineness /Balance of probabilities?

If you don't submit the documents, your letter would have said what the action is. Generally, they would take the decision based on the documents they already have. So, yes, HO can reject your application as the only reason they are asking for the documents is because they have not been able to make a positive decision based on documents already submitted.

dino17 wrote: ↑

Fri Mar 09, 2018 8:02 pm

Question 3:--If in case iam rejected on the basis of genuineness /Balance of probabilities,will it affect my further application with HO if i try to switch to Tier 2 ?

No

dino17 wrote: ↑

Fri Mar 09, 2018 8:02 pm

Question 4:--What are the chances now a days for getting positive decisions from AR for cases rejected based on Genuineness/Balance of Probabilities?

The only result that I have seen shared in the forum of an AR for rejection on the basis of genuineness was a successful one.
Many others have just submitted AR and haven't share the results yet.

I suggest you submit all the documents which home office requested otherwise they may reject. I think the reason they request you provide the contract is they have doubt your credibility of your business activity, you need provide the related document to proof you are genuine. Do not challenge home office, they have a lot of reason to doubt and reject. Please corporate with them and also more documents can help for your AR if they still reject your visa.

marcnath wrote: ↑

Fri Mar 09, 2018 9:12 pm

dino17 wrote: ↑

Fri Mar 09, 2018 8:02 pm

Further documents asked as below:-

1.Copy of a client work submitted to the client (During the interview i told that i submit the contract work periodically to the client through power point presentation)

2.Bank Statement showing all payments made to me from a particular X client

3.Contracts and invoices for work carried out for two particular clients A and B apart/different from X client mentioned above

In general, HO has the right to ask you for documents and you need to provide them.

dino17 wrote: ↑

Fri Mar 09, 2018 8:02 pm

My queries are as below:-

Point 1 above is not an issue as i can submit it

Point 2 ,where they ask for the Bank statement showing payments from a particular client:-

I have been doing contract work with this client for 11 months and iam able to produce the filtered transactions from the online bank account for the payment amounts received from this client for 11 months continuously.

Question 1 :-But will showing continuous receipt of payments from this one single client, project/show me as an Employee and the work carried out as Employment?

Why would they ? It is quite common for customers to pay regularly and frequently.

dino17 wrote: ↑

Fri Mar 09, 2018 8:02 pm

Point 3 ,they have asked for the contracts and invoices from 2 particular clients, which i mentioned the client names during the interview

But these contracts were done in 2015 and i have the Confidentiality Clause mentioned in my Contract where i cant divulge any info about the contract without the written approval of the issued clients.I tried to chase them to get their approval BUT as it was back in 2015,the people who issued me the contracts arent working there in those organisations. Pls note that these 2 clients are Big Businesses. Iam also very reluctant to submit those contracts.

That is a tough one to argue. First, you have already told them the name of your client, which would normally be not allowed if you have a confidentiality clause. Second, most contracts would have an exception to the confidentiality clause allowing you to share the information at the request of the authorities. HO request would fall into an "authority". But, if that is not the case, you can reply to HO with the confidentiality clause as to why you are restricted and give them a waiver to directly request the contract from the customer. I am sure the customer will respond to a request from HO.

Why are you reluctant to submit the contract ?

dino17 wrote: ↑

Fri Mar 09, 2018 8:02 pm

Question 2:-Does Homeoffice is exempted from Data protection act?/Can Home office be considered a Thirdparty when it comes between my relationship with my client and me as the Service provider for my client in VIEW OF MY CONTRACT and can i mention that i cant disclose info to Third party without my clients approvals?

I don't think HO is exempted from any Data Protection Act. HO can't be a third party to you contract.

dino17 wrote: ↑

Fri Mar 09, 2018 8:02 pm

Question 2 :-If i dont submit the contracts and invoices as mentioned in the point 3 above , can HO reject my application based on genuineness /Balance of probabilities?

If you don't submit the documents, your letter would have said what the action is. Generally, they would take the decision based on the documents they already have. So, yes, HO can reject your application as the only reason they are asking for the documents is because they have not been able to make a positive decision based on documents already submitted.

dino17 wrote: ↑

Fri Mar 09, 2018 8:02 pm

Question 3:--If in case iam rejected on the basis of genuineness /Balance of probabilities,will it affect my further application with HO if i try to switch to Tier 2 ?

No

dino17 wrote: ↑

Fri Mar 09, 2018 8:02 pm

Question 4:--What are the chances now a days for getting positive decisions from AR for cases rejected based on Genuineness/Balance of Probabilities?

The only result that I have seen shared in the forum of an AR for rejection on the basis of genuineness was a successful one.
Many others have just submitted AR and haven't share the results yet.

Thanks Marcnath

Let's be clear not giving those documents you are very likely to fail.

What is the rationale for this confidentiality? are you giving chemical engineering consulting services to MI6 at one extreme or is this normal confidentiality in normal course of business?

If the latter I would give the documents with a cover letter that it is confidential (possibly asking a solicitor for advice)

As a side note when you raise concern that your contract may seem artificial to HO (as in you are actually a contractor like an employee, which is not allowed) with the fact you then ask about T2, that raises alarm bells with me. I have of course no idea at all what the reality is and sharing it with you to make sure you do not convey same alarm bells to CW

PS having a customer paying over time is very much the norm, lucky those who have customers that pay a year upfront.

my team member was also asked to send additional documents after interview.

We sent them within 14 days and were lucky to receive approval within 2 weeks of sending the required documents.

They asked us to send bank statements showing work carried out by my partner and we sent only transactions showing his work and receipts of payments alongwith invoices of each particular transaction which they accepted.

I just printed color copy of them from online banking without stamping it from bank as bank declined to stamp them.

I would recommend to send them documents even if you can't make all of it, just send whatever is available.

You are lucky that they are asking additional documents instead of refusing it straightaway.

I think you have a good chance now to send documents and hopefully it would be positive result.

Hi Im2018,

Could you please share your time line.

Could you please let me know how many days after the interview did the Ho ask you to send the documents.

Many thanks

vasann wrote: ↑

Sat Mar 10, 2018 2:30 pm

Hi Im2018,

Could you please share your time line.

Could you please let me know how many days after the interview did the Ho ask you to send the documents.

Many thanks

well HO just asked my team member during skype interview at UKVI office to send these documents within 14 days of interview.

So we just sent them during that time.

Thanks for your reply.

Hi @dino, Have you sent the documents?

kaps84 wrote: ↑

Mon Mar 12, 2018 3:50 pm

Hi @dino, Have you sent the documents?

No.why you are asking this?

@dino, just was reading through your thread and there was not update.

Hello Dino17, after reading your thread it looks like I am in the same boat as you. just wondering is it possible to have a quick call with you. whenever you have moment please reply at MODERATOR EDIT: Please do not post personal contact information. Share updates on the forums.