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Tier 1 General refused on the basis of earnings

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

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mskhan
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Posts: 135
Joined: Fri Feb 26, 2010 2:15 pm
Location: Edinburgh

Tier 1 General refused on the basis of earnings

Post by mskhan » Fri Sep 16, 2011 1:33 pm

Hi,

I applied as self-employed for Tier 1 General on April 2, 2011 and got the refusal today.

The reason was not having enough point for overseas previous earnings. The decision states:


'You have provided invoiced addressed to ******** and ******** as evidence that you meet the requirements to be awarded points for previous earnings. We have attempted to verify the documents detailed above, using standard procedures, but have been unable to do so.

We have therefore been unable to include this evidence in our consideration of your claim for points for previous earnings'



I am aware that my clients were contacted by phone on June 13th and then again in the month of June. And on both the occassions they were able to answer the queries made by the UKBA.


I am not sure why they couldn't verify my claimed earnings.


I was given points for everything else, including 30 points for the Postgraduate Certificate.

Where do I stand if I go for appeal?

Thanks

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 9:30 am
Location: Brasil

Post by Lucapooka » Fri Sep 16, 2011 5:07 pm

I don't know what you are hoping for here. You have provided the forum with no information about how you work, how you bill your clients, who your clients are, and how they pay you. So, how can we know anymore about this than the UKBA (who have seen the actual paperwork)? It seems the UKBA don't believe these payments are for genuine self-employment (they can't verify this) and who can blame them for that? If we are talking about two invoices and two clients billed in an overseas location, then, let's be honest, they could in theory be a couple of mates who agreed to let you bill them and they then paid you that amount to make it look like genuine income. In other words a charade to get around the earnings requirement. I think you going to have provide evidence that this was genuine work for genuine clients but I also think that if they are implying you have used deception they will have to prove that also. This looks like it could turn into a Mexican standoff!

thebionicredneck2003
Member of Standing
Posts: 385
Joined: Thu Dec 30, 2010 11:43 pm

Post by thebionicredneck2003 » Fri Sep 16, 2011 7:20 pm

Lucapooka,

Although Mskhan has not provided all the relevant information, there is no need for you to theorise on his application and come up with hypothetical scenarios that may not be applicable to his case.

Mskhan, if you provide more details, I am sure people will be able to give you feedback on the best course of action to take.


Kind Regards

mskhan
Member
Posts: 135
Joined: Fri Feb 26, 2010 2:15 pm
Location: Edinburgh

Post by mskhan » Fri Sep 16, 2011 8:09 pm

Thank you thebionicredneck2003 for standing up for me.

Those two companies are registered companies and not a one man show kind of things as implied by Lucapooka.

I provided them services over a long period and got paid against that. Home Office were able to contact them. They took tax information and verified them through internet.

But I don't understand when they say that they couldn't verify using standard procedures. What else did they need to verify?

I am going to appeal against the decision. I am hopefull that I can prove my point.

Cheers

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 9:30 am
Location: Brasil

Post by Lucapooka » Fri Sep 16, 2011 8:20 pm

Thank you for you concern, thebionicredneck. I was hoping that speculating on the situation may prompt some kind of feedback from the OP and thanks to this and, indeed, your intervention it seems to have worked. I think that with the combined comments garnered from the several and various forums on which this question has been posted, he should have no trouble resolving this matter.

thebionicredneck2003
Member of Standing
Posts: 385
Joined: Thu Dec 30, 2010 11:43 pm

Post by thebionicredneck2003 » Sat Sep 17, 2011 7:43 am

Hi Mskhan,

I believe as long as your sources can be contacted and verifiable once again via email, phone or other, your appeal will be successful. It may be worthwhile getting the companies you worked for to write a letter clearly stating that they were contacted by the Home Office on the dates in question and they verified the details.

That should make your appeal case stronger.

Let us know how you get on.

Kind Regards

hsmp12345
Junior Member
Posts: 87
Joined: Sun Mar 09, 2008 12:05 pm

Post by hsmp12345 » Sat Sep 17, 2011 7:45 am

Dear mskhan

May I ask what supporting documents you had provided in support of self employment earnings ? Did you provide your invoices, bank statements & accountant letter ?

Cheers
hsmp12345

mskhan
Member
Posts: 135
Joined: Fri Feb 26, 2010 2:15 pm
Location: Edinburgh

Post by mskhan » Sat Sep 17, 2011 4:25 pm

thebionicredneck2003 wrote:Hi Mskhan,

I believe as long as your sources can be contacted and verifiable once again via email, phone or other, your appeal will be successful. It may be worthwhile getting the companies you worked for to write a letter clearly stating that they were contacted by the Home Office on the dates in question and they verified the details.

That should make your appeal case stronger.

Let us know how you get on.

Kind Regards
Thank you,

Yes surely they can be contacted any working day.

mskhan
Member
Posts: 135
Joined: Fri Feb 26, 2010 2:15 pm
Location: Edinburgh

Post by mskhan » Sat Sep 17, 2011 4:26 pm

hsmp12345 wrote:Dear mskhan

May I ask what supporting documents you had provided in support of self employment earnings ? Did you provide your invoices, bank statements & accountant letter ?

Cheers
hsmp12345
Yes I have got everything attached that you mentioned above.

Sushil-ACCA
Diamond Member
Posts: 1234
Joined: Wed Apr 02, 2008 1:47 pm
Location: Wembley Park

Re: Tier 1 General refused on the basis of earnings

Post by Sushil-ACCA » Sun Sep 18, 2011 8:02 pm

mskhan wrote:Hi,

I applied as self-employed for Tier 1 General on April 2, 2011 and got the refusal today.

The reason was not having enough point for overseas previous earnings. The decision states:


'You have provided invoiced addressed to ******** and ******** as evidence that you meet the requirements to be awarded points for previous earnings. We have attempted to verify the documents detailed above, using standard procedures, but have been unable to do so.

We have therefore been unable to include this evidence in our consideration of your claim for points for previous earnings'



I am aware that my clients were contacted by phone on June 13th and then again in the month of June. And on both the occassions they were able to answer the queries made by the UKBA.


I am not sure why they couldn't verify my claimed earnings.


I was given points for everything else, including 30 points for the Postgraduate Certificate.

Where do I stand if I go for appeal?

Thanks

if yr client is hostile than u must ready with other corrobrative evidences

such as work sheet signed by client
agreement with client
any other evidence that u worked for client
any third party involved etc etc for court

on more ? how many clients were there and how may were hostile from it ?
CDOKS

hussy2011
Newly Registered
Posts: 3
Joined: Fri Sep 23, 2011 11:43 am

Re: Tier 1 General refused on the basis of earnings

Post by hussy2011 » Fri Sep 23, 2011 7:33 pm

Hi ,I have similar situation.

I have applied for Tier 1 General in Country Application.

Applied in March 2011.
Bio metric Done in May 2011.
Accountant verification in July 2011.
Application refused in September 2011 with no appeal right as current leave still valid.

I used my overseas earning and HO saying that They attempted to verify the accounts from the accountant but unable to do so, Whereas Accountant have verified the Accounts in July 11 when Local British High Commission rang and he is willing to write a letter to verify this statement. HO did not give the right decision.

My lawyer says to go for a JR and says we ll win......

Please, Give your opinion.........

Thanks

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