Urgent- Groud Appeal on 26 nov 2009-Tier 1

time2866 · Post by **time2866** » Mon Nov 16, 2009 9:31 pm

Dear all,
I have been decline on my HSMP Extention, the reasons as following:
'You claimed an amount of Â£25.019 of which Â£12,775.15 was earned through salaried employment and Â£12,244 earned through self employment.

The payslips you supplied to support your claim of salaried employment are unacceptable as they are on plain paper and have not been stampted and signed by the employer.

The evidence you supplied to support your claim for self employment was also insufficient. this is because the accountants letter does not contain all of the required information as stated in the guidance. it does not give your gross profit or a breakdown of when the net payments were earned. although you have supplied a summary to show this, it is not acceptable as it is on plain paper.

Your have also supplied business bank statements from HSBC, financial accounts and invoices. However, we cannot assess invoices as a source of evidence and the bank statements and accounts along are insufficient to award points.'

The document I have submitted:-
Employee income--I provided payslip and personal bankstatemen, appart from that it's also included in the accountant's confimation letter. Payslip it seems to be on the plain paper but it is original copy and all my coleagues have the same format, and I'm working in the accountancy firm so we also produce the same payslip to our client.

Self employment--I provide a letter from my accountant (in the letter it stated the total income of Â£25000 made up of self-employment Â£12,244 and gross wages Â£12,755) the income profit and the breakdown of the profit is within the bond accounts) and payslips is attached; business account (it shown the profit and loss account which is Â£12,244 and signed by my accountant and myself); I also provide the sales invoice and business bank statement together with myself's summary about the date when is received.

Please can anyone tell me what evidence shall I enclose with the witness statemnets, and how do I write to agaisnt the rejection? Is it necessary to submitted the sales invoice and business bankstatement again?

Many thanks

Sushil-ACCA · Post by **Sushil-ACCA** » Mon Nov 16, 2009 11:08 pm

time2866 wrote:Dear all,
I have been decline on my HSMP Extention, the reasons as following:
'You claimed an amount of Â£25.019 of which Â£12,775.15 was earned through salaried employment and Â£12,244 earned through self employment.

The payslips you supplied to support your claim of salaried employment are unacceptable as they are on plain paper and have not been stampted and signed by the employer.

The evidence you supplied to support your claim for self employment was also insufficient. this is because the accountants letter does not contain all of the required information as stated in the guidance. it does not give your gross profit or a breakdown of when the net payments were earned. although you have supplied a summary to show this, it is not acceptable as it is on plain paper.

Your have also supplied business bank statements from HSBC, financial accounts and invoices. However, we cannot assess invoices as a source of evidence and the bank statements and accounts along are insufficient to award points.'

The document I have submitted:-
Employee income--I provided payslip and personal bankstatemen, appart from that it's also included in the accountant's confimation letter. Payslip it seems to be on the plain paper but it is original copy and all my coleagues have the same format, and I'm working in the accountancy firm so we also produce the same payslip to our client.

Self employment--I provide a letter from my accountant (in the letter it stated the total income of Â£25000 made up of self-employment Â£12,244 and gross wages Â£12,755) the income profit and the breakdown of the profit is within the bond accounts) and payslips is attached; business account (it shown the profit and loss account which is Â£12,244 and signed by my accountant and myself); I also provide the sales invoice and business bank statement together with myself's summary about the date when is received.

Please can anyone tell me what evidence shall I enclose with the witness statemnets, and how do I write to agaisnt the rejection? Is it necessary to submitted the sales invoice and business bankstatement again?

Many thanks

LINE OF FIGHT in AIT

See that accounts are as per UK requirements,which should clearly show PL AND BS , if not than u can change and submit new copy to tibunal and this will be considered

all sales which u made , make a list of it , list address and contcat of yr customers , and if possible contact letter from them , if possible get a letter alonf with their ID and resdence proof about business with u in current date .

collect all yr previous self assement as backing to show u r payning regularly taxes or filing return

yr self employemt leters from hmrc and all NI u paid weekly / monthly

for salary a fresh letter from yr emplrs mention g all yr details such as date of joing, duty,etc

where r u providing name pleas collect their ID PROOF and residnece proof to presnt in IN ait

than u shoul 100 % fine

time2866 · Post by **time2866** » Tue Nov 17, 2009 1:27 am

LINE OF FIGHT in AIT

See that accounts are as per UK requirements,which should clearly show PL AND BS , if not than u can change and submit new copy to tibunal and this will be considered

all sales which u made , make a list of it , list address and contcat of yr customers , and if possible contact letter from them , if possible get a letter alonf with their ID and resdence proof about business with u in current date .

collect all yr previous self assement as backing to show u r payning regularly taxes or filing return

yr self employemt leters from hmrc and all NI u paid weekly / monthly

for salary a fresh letter from yr emplrs mention g all yr details such as date of joing, duty,etc

where r u providing name pleas collect their ID PROOF and residnece proof to presnt in IN ait

than u shoul 100 % fine[/quote]

Many thanks for the above advise, I only started trading at April 2009 as sole trader, therefore I won't be able to provide the previos self assesment as backing to show my paying regularly taxes or filing return. But I have the self employment registered letter from HMR&C AND ALL NI I paid Quarterly is deducted from my business account. will this reduce my chance of winning the case?

Also I am a trainee accountant but I don't want that to be mention in the letter. therefore in the letter it only mention that the payslip i submitted was true of the original copies, and the date I joined the firm and confirm the total amount I earned from the period I claimed together with copies of stamp and signed payslips attached. will this also reduce the chance of wining the case?

Finaly is in the sales you mention about the business contact, I only contact them over the phone, so there is no way to prove it but I can get their ID and residence proof (is utility bill acceptable?) does ID Proof need to be original or can be a photo copy?

Thank you very much!!

Sushil-ACCA · Post by **Sushil-ACCA** » Tue Nov 17, 2009 11:00 am

time2866 wrote:LINE OF FIGHT in AIT

See that accounts are as per UK requirements,which should clearly show PL AND BS , if not than u can change and submit new copy to tibunal and this will be considered

all sales which u made , make a list of it , list address and contcat of yr customers , and if possible contact letter from them , if possible get a letter alonf with their ID and resdence proof about business with u in current date .

collect all yr previous self assement as backing to show u r payning regularly taxes or filing return

yr self employemt leters from hmrc and all NI u paid weekly / monthly

for salary a fresh letter from yr emplrs mention g all yr details such as date of joing, duty,etc

where r u providing name pleas collect their ID PROOF and residnece proof to presnt in IN ait

than u shoul 100 % fine

Many thanks for the above advise, I only started trading at April 2009 as sole trader, therefore I won't be able to provide the previos self assesment as backing to show my paying regularly taxes or filing return. But I have the self employment registered letter from HMR&C AND ALL NI I paid Quarterly is deducted from my business account. will this reduce my chance of winning the case?

BE SMART in presentation - if you can present yr p60 or p45 that should be fine in arguments to show that u r palying as per rule - that call presention and vision , never bog down, if i dont have that , than find out what u have for that ?

Also I am a trainee accountant but I don't want that to be mention in the letter. therefore in the letter it only mention that the payslip i submitted was true of the original copies, and the date I joined the firm and confirm the total amount I earned from the period I claimed together with copies of stamp and signed payslips attached. will this also reduce the chance of wining the case?

Arguments starts with yr back ground , so prepare good pt of yr life even 10 yr old , for ex. u may be qualfd acctn from some country , u worked for mnc etc .etc , a good back ground of applcnt helps in proving credibility in argumts

Finaly is in the sales you mention about the business contact, I only contact them over the phone, so there is no way to prove it but I can get their ID and residence proof (is utility bill acceptable?) does ID Proof need to be original or can be a photo copy?

poto copy should fine verifying / keeping ID AND residce proof of yr cleints , show that u r following money landering procedure in carring business

Thank you very much!![/quote]

time2866 · Post by **time2866** » Tue Nov 17, 2009 10:59 pm

''Many thanks for the above advise, I only started trading at April 2009 as sole trader, therefore I won't be able to provide the previos self assesment as backing to show my paying regularly taxes or filing return. But I have the self employment registered letter from HMR&C AND ALL NI I paid Quarterly is deducted from my business account. will this reduce my chance of winning the case?

BE SMART in presentation - if you can present yr p60 or p45 that should be fine in arguments to show that u r palying as per rule - that call presention and vision , never bog down, if i dont have that , than find out what u have for that ?

Also I am a trainee accountant but I don't want that to be mention in the letter. therefore in the letter it only mention that the payslip i submitted was true of the original copies, and the date I joined the firm and confirm the total amount I earned from the period I claimed together with copies of stamp and signed payslips attached. will this also reduce the chance of wining the case?

Arguments starts with yr back ground , so prepare good pt of yr life even 10 yr old , for ex. u may be qualfd acctn from some country , u worked for mnc etc .etc , a good back ground of applcnt helps in proving credibility in argumts

Finaly is in the sales you mention about the business contact, I only contact them over the phone, so there is no way to prove it but I can get their ID and residence proof (is utility bill acceptable?) does ID Proof need to be original or can be a photo copy?

poto copy should fine verifying / keeping ID AND residce proof of yr cleints , show that u r following money landering procedure in carring business

Thank you very much!![/quote][/quote][quote][/quote]

Thanks indeed.

One more thing, Can I prensent additional information in the last minute when I in the hearing, or do I have to sent all the documents to Judge before the hearing date and they're not going to taking anymore extra information in the hearing date?

Thank you[/url][/list]

Sushil-ACCA · Post by **Sushil-ACCA** » Wed Nov 18, 2009 10:54 am

time2866 wrote:''Many thanks for the above advise, I only started trading at April 2009 as sole trader, therefore I won't be able to provide the previos self assesment as backing to show my paying regularly taxes or filing return. But I have the self employment registered letter from HMR&C AND ALL NI I paid Quarterly is deducted from my business account. will this reduce my chance of winning the case?

BE SMART in presentation - if you can present yr p60 or p45 that should be fine in arguments to show that u r palying as per rule - that call presention and vision , never bog down, if i dont have that , than find out what u have for that ?

Also I am a trainee accountant but I don't want that to be mention in the letter. therefore in the letter it only mention that the payslip i submitted was true of the original copies, and the date I joined the firm and confirm the total amount I earned from the period I claimed together with copies of stamp and signed payslips attached. will this also reduce the chance of wining the case?

Arguments starts with yr back ground , so prepare good pt of yr life even 10 yr old , for ex. u may be qualfd acctn from some country , u worked for mnc etc .etc , a good back ground of applcnt helps in proving credibility in argumts

Finaly is in the sales you mention about the business contact, I only contact them over the phone, so there is no way to prove it but I can get their ID and residence proof (is utility bill acceptable?) does ID Proof need to be original or can be a photo copy?

poto copy should fine verifying / keeping ID AND residce proof of yr cleints , show that u r following money landering procedure in carring business

Thank you very much!!

[/quote]

Thanks indeed.

One more thing, Can I prensent additional information in the last minute when I in the hearing, or do I have to sent all the documents to Judge before the hearing date and they're not going to taking anymore extra information in the hearing date?

Thank you[/url][/list][/quote]

YES , but avoid as far as possible , submit all yr new old facts before last date finalised by AIT,

IN argumetns u can provide but how HO lawyer is taking that evidence is important , he can ask extra time or request judge to ignor it.

but judge normally gives extra time

dusk82 · Post by **dusk82** » Thu Nov 19, 2009 1:31 pm

I have been decline on my HSMP Extention, the reasons as following:
'You claimed an amount of Â£25.019 of which Â£12,775.15 was earned through salaried employment and Â£12,244 earned through self employment.

The payslips you supplied to support your claim of salaried employment are unacceptable as they are on plain paper and have not been stampted and signed by the employer.

Hi time2866, I have been following your post and note that you have been rejected as your plain formal payslips were not stamped and signed. Unfortunately I am also in the same situation as you so expecting a rejection as my ORIGINAL payslips are on plain paper but not stamped and signed. I thought that as they were original, that this was not necessary but on reviewing the guidelines i can see that formal payslips on plain paper MUST be signed and stamped. Unfortunately this was something I missed in reading the guidelines.

So I have a few questions and anyone can contribute their comments:

Have you had your appeal as yet?
Did you reapply (send in fresh application) within the 28 day period or did you just appeal?
If you appealed, did you or can you now submit your original payslips (ones sent in initial application) with the stamp and signature on it?

I would be grateful for any comments as I am now setting myself up for disappointment and preparing myself for the next step.

Thanks

dusk82 · Post by **dusk82** » Thu Nov 19, 2009 8:20 pm

time 2866 or anyone else? any comments?

time2866 · Post by **time2866** » Fri Nov 20, 2009 9:33 pm

So I have a few questions and anyone can contribute their comments:

Have you had your appeal as yet?
No yet until 26 of this month

Did you reapply (send in fresh application) within the 28 day period or did you just appeal?

My visa now has expired so the Ground apeal(it was within 10days to decide whether goining to made the appeal, 2weeks response from AIT, and 4weeks for the hearing date. the supporting evidence need to be sent to judge 5days before the hearing date) is my last chance, my solicitor has submitted all the documents. The original payslips (the one I submitted with my application) but signed and stamped by my employer and a fresh letter confirmation from him. [/color]
If you appealed, did you or can you now submit your original payslips (ones sent in initial application) with the stamp and signature on it?

I would be grateful for any comments as I am now setting myself up for disappointment and preparing myself for the next step.

Besides I've also explain why i think that was original copies, so i've submitted some of the payslips from my colleagues.

Hope that helps.

Thanks[/quote]

dusk82 · Post by **dusk82** » Sun Nov 22, 2009 9:45 pm

Hi time2866

thanks for your response. from your dates it looks like your hearing date should be late december early jan.

anyway good luck. post back here and let me know how it goes.

time2866 · Post by **time2866** » Mon Nov 23, 2009 6:23 pm

dusk82 wrote:Hi time2866

thanks for your response. from your dates it looks like your hearing date should be late december early jan.

anyway good luck. post back here and let me know how it goes.

Will do! That is exactly waht I need now!

Good luck to myself.

Thank you!

dusk82 · Post by **dusk82** » Thu Nov 26, 2009 6:52 pm

Hi time2866 so i was quite lucky as opposed to you as the HO actually called me and told me about my mistake. they told me to send in additional info from my employer which was just a letter with the statement of earnings and I have 3 working days to do so, so what a relief.

how did ur appeal go? was it today?

time2866 · Post by **time2866** » Thu Nov 26, 2009 7:36 pm

dusk82 wrote:Hi time2866 so i was quite lucky as opposed to you as the HO actually called me and told me about my mistake. they told me to send in additional info from my employer which was just a letter with the statement of earnings and I have 3 working days to do so, so what a relief.

how did ur appeal go? was it today?

Glad to hear that.
I went to the hearing day today, the lady from home office, she was satisfy with my documents, and now I am awaiting for the judge's decision.

Hope the decision will be and must be the positive one. Good luck to myself again

mvent00 · Post by **mvent00** » Thu Nov 26, 2009 9:13 pm

Sometimes simple mistakes make you suffer like that. Wish you all the best!!!!!!

time2866 wrote:
dusk82 wrote:Hi time2866 so i was quite lucky as opposed to you as the HO actually called me and told me about my mistake. they told me to send in additional info from my employer which was just a letter with the statement of earnings and I have 3 working days to do so, so what a relief.

how did ur appeal go? was it today?
Glad to hear that.
I went to the hearing day today, the lady from home office, she was satisfy with my documents, and now I am awaiting for the judge's decision.

Hope the decision will be and must be the positive one. Good luck to myself again

time2866 · Post by **time2866** » Fri Nov 27, 2009 5:37 pm

mvent00 wrote:Sometimes simple mistakes make you suffer like that. Wish you all the best!!!!!!

time2866 wrote:
dusk82 wrote:Hi time2866 so i was quite lucky as opposed to you as the HO actually called me and told me about my mistake. they told me to send in additional info from my employer which was just a letter with the statement of earnings and I have 3 working days to do so, so what a relief.

how did ur appeal go? was it today?
Glad to hear that.
I went to the hearing day today, the lady from home office, she was satisfy with my documents, and now I am awaiting for the judge's decision.

Hope the decision will be and must be the positive one. Good luck to myself again

Yes, Never think that is just a little thing, won't do any harm, but it will just change everything if you are not lucky enough. Learn something from it.

time2866 · Post by **time2866** » Fri Dec 18, 2009 10:10 pm

I have won the appeal on 26 Nov.2009, and home office people didn't appeal against the court decision.
So glad, just awaiting they ask my passport back to be stamped.

mvent00 · Post by **mvent00** » Sat Dec 19, 2009 9:24 am

time2866 wrote:I have won the appeal on 26 Nov.2009, and home office people didn't appeal against the court decision.
So glad, just awaiting they ask my passport back to be stamped.

Great news, congrats..........

time2866 · Post by **time2866** » Tue Dec 22, 2009 10:52 pm

mvent00 wrote:
time2866 wrote:I have won the appeal on 26 Nov.2009, and home office people didn't appeal against the court decision.
So glad, just awaiting they ask my passport back to be stamped.
Great news, congrats..........

Thanks for that.

Anyone knows that when HO will ask for the PassPort back to be stamped after the appeal is deem to be allowed (HO didn't appeal against the court's decision)?

Thanks!

Immigrationboards.com: Immigration, work visa and work permit discussion board

Urgent- Groud Appeal on 26 nov 2009-Tier 1

Urgent- Groud Appeal on 26 nov 2009-Tier 1

Re: Urgent- Groud Appeal on 26 nov 2009-Tier 1

Re: Urgent- Groud Appeal on 26 nov 2009-Tier 1

Re: Urgent- Groud Appeal on 26 nov 2009-Tier 1

Re: Urgent- Groud Appeal on 26 nov 2009-Tier 1

Re: Urgent- Groud Appeal on 26 nov 2009-Tier 1

good news

Re: good news

Re: good news