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Waiting Tier1 Decision (same day PEO application)

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

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need_info
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Waiting Tier1 Decision (same day PEO application)

Post by need_info » Sat Mar 05, 2011 4:12 pm

Hi Guys,

I applied at Croydon PEO via same day premium service through my Legal representative on 10th Feb 2011. I am switching from Tier2(ICT). My earning are from employment in UK and freelancing (self employed) in India. I received a letter from home office that application has been sent for further enquiries. This is fourth week running but haven't heard from Home office yet.

Wanted to know if any other member has been in the same situation and how long did it take for them to get the decision.

askhan
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re

Post by askhan » Sun Mar 06, 2011 1:32 am

Dont worry, 90% of self employed cases are being held for further investigation.

so dont worry, it will take time for making up decision.

need_info
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Post by need_info » Sun Mar 06, 2011 9:12 am

thanks Ashkan, I am hoping for the best. would you/anyone from experience know timelines?

adityaisukapalli
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Post by adityaisukapalli » Mon Mar 07, 2011 11:10 am

need_info wrote:thanks Ashkan, I am hoping for the best. would you/anyone from experience know timelines?
Not me, but 90% self employed applicants waited long timelines.
Home Office is checking A-Z on Self Employed applications.

You will get it, don't worry. Just wait.

need_info
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Post by need_info » Tue Mar 08, 2011 7:45 pm

any one who can share their experience or would know any realistic timeline. its really frustrating that same day application is taking this long, worst thing is that home office does not entertain any queries on progress <sigh>

gotcha
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Post by gotcha » Wed Mar 09, 2011 2:04 pm

need_info wrote:its really frustrating that same day application is taking this long
Same day application does not guarantee you quick visa. They will definitely go through usual verifications.

"Self employment" is abused by many in past, that could be reason, they are being extra cautious. You should not worry, if everything is in order.

You mentioned that, you have done freelancing from India, it will take some time to verify that.

need_info
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Post by need_info » Fri Mar 11, 2011 11:03 pm

I got my refusal letter today. I am shocked by the reason for rejection. It states two things:
1) They could not corraborate my India earnings
2) that home office could not ascertain that chartered accountant in India is registered one(lack of evidence to support this).

1) None of my clients were contacted (both are registered companies in India)
2) In the letter from accountant, the firm registration no and membership no is mentioned. My accountant advised me to go to ICAI official website and i could instantly search the database with the registration details.

I see this as sheer carelessness of caseworker.

I won't be going down the appeal route as my visa has expired and I am somewhat shaken that the whole process is not 100% integral. Its very stressful to wait for the results.

My advise to people who are providing foreign self employed earning -
ensure u highlight registration details of accountant in covering letter (may be printout of ICAI website)
ensure that u provide registration details of clients (TIN no , company registration no etc)

I am disappointed, yet wishing good luck to all.

need_info
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URGENT

Post by need_info » Sun Mar 13, 2011 9:07 am

Hi All,

after consulting my matter with private immigration advisors, they have given me confidence that there were no grounds for home office to reject the application, the statement that account letter is not valid due to aforementioned reason is baseless. the account is registered on ICAI database and he hasn't been contacted (either by phone/mail) for any veracity.

I have asked my accountant to send his registration letter, both clients to send their company registration details.

questions i have is -
1) what happens in appeal
2) do i need a solicitor, if not how can i get advise on actions to take
3) I see my case as carelessness of caseworker, can such a thing happen? how can they explicitly say that accountant is not registered when i have provided all the registration details and it is easily verifiable at ICAI.

Please can experienced people advise. Already my faith has shaken to consider homeoffice has meticulous, can such a thing happen in appeal as well?

push
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Post by push » Sun Mar 13, 2011 11:07 am

need_info wrote:I got my refusal letter today. I am shocked by the reason for rejection. It states two things:
1) They could not corraborate my India earnings
2) that home office could not ascertain that chartered accountant in India is registered one(lack of evidence to support this).

1) None of my clients were contacted (both are registered companies in India)
2) In the letter from accountant, the firm registration no and membership no is mentioned. My accountant advised me to go to ICAI official website and i could instantly search the database with the registration details.

I see this as sheer carelessness of caseworker.

I won't be going down the appeal route as my visa has expired and I am somewhat shaken that the whole process is not 100% integral. Its very stressful to wait for the results.

My advise to people who are providing foreign self employed earning -
ensure u highlight registration details of accountant in covering letter (may be printout of ICAI website)
ensure that u provide registration details of clients (TIN no , company registration no etc)

I am disappointed, yet wishing good luck to all.
Can you provide exact wording of the rejection letter? Were you in India when you did the freelance work? How and when? i.e. were you for some period self employed in India and then moved to UK? or Did you do the work for Indian companies while being on ICT in UK?
regards,
push
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need_info
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Post by need_info » Sun Mar 13, 2011 11:57 am

i was given 20points for earning instead of 25 as claimed.this is verbatim excerpt from the letter,
=========
[i]You have claimed self employed earning of 3047.87GBP and have provided an accountants letter , invoices and bank statements to support this

We have consider evidence provided for your self employment and are unable to corroborate your claimed amounts

In addition, as no evidence has been provided to show that the accountant you have used to provide evidence of your self employment is not either a fully qualified chartered accountant or a certified accountant who is a member of a registered body we are unable to consider the accounts and the accompanying letter as evidence of self employed earning.

Concluding we are unable to determine the net profit that would have ben taken into consideration when assessing points awarded in this area
[/i]
==========

As i said earlier, the accountant letter has his registration details toward the end, where his name and seal is stamped. this can be easily verified against Institute of chartered accountant database(online).

need_info
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Post by need_info » Sun Mar 13, 2011 12:00 pm

Can you provide exact wording of the rejection letter? ==> done above
Were you in India when you did the freelance work? ==> No, i was staying in Singapore and UK in last 12months
How and when? i.e. were you for some period self employed in India and then moved to UK? ==> I received salaried earning in 12months, the self employement work was over and above the salaried earning. I was not in India when the work was done (no multiplier used hence), all work was done online, both my clients are based in India and transferred money after deducing tax in my India bank account
or Did you do the work for Indian companies while being on ICT in UK?==> thats right.

geriatrix
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Re: URGENT

Post by geriatrix » Mon Mar 14, 2011 2:32 am

need_info wrote:questions i have is -
1) what happens in appeal
2) do i need a solicitor, if not how can i get advise on actions to take
You may appeal only if the given the right (to appeal).

Whether you need a solicitor or can do it by yourself depends on how confident you believe you are in your ability to prove in front of a judge that UKBA's decision to refuse your application was unlawful. AIUI, court environments and proceedings in the UK are formal and professional, where decorum must be maintained ... this is not something to be afraid of, but good to be aware of.
Life isn't fair, but you can be!

need_info
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Post by need_info » Mon Mar 14, 2011 8:21 am

I have provided details on the refusal letter (above) prior to last post. could one of the moderators/members please advise

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