I have hearing on 25th,will they be accepting new evidence

[krish007]

I have recently applied for my Tier1 (general), got rejected, as for my employer paid me cash one month, which was not corroborated in my Bank statement, i have already send them my P60,but they have stated that they are from same source, later i came to know that u can get a Employment History Letter from UKBA, which i have got right now, will this be a new Evidence or just a supporting for my P60.

[mithai420]

hi dude


sorry to hear about your case

what's the employment history and how can one get the same . please throw some light

Thanks

[krish007]

Hello Mate,

This is letter from HMRC - which gives u full information about ur last one year or years of Employment history, it will have info about ur company, how much ur have earn, how much u paid tax.


Thanks
Krishna

[geriatrix]

It isn't employment history ... but "income and tax history".

See also Guidance.

[tknayak]

Hi Krish, I would have never applied in the first case if my payslip/P60 and my bank statements are not matching. This is like taking a chance and the case worker has every right to reject. I would atleast mention in my covering letter in detail about the cash payment. And I would also mention that if required I can obtain the tax statement from HMRC.

If you would have done something like that, then there is a chance that HO will consider your appeal. I am very well aware of the new guidance where they said that they will not consider any new document at appeal. Hence on that basis if the appeal will be rejected, you can't do anything. But my feeling is that they should consider this. But remember these guys are not emotional and they have no sympathy for your personal situation.

I am just hoping that they approve your case. All the best.

[krish007]

thanks Nayak,

I did mention that i have got cash for that month, and i have got a letter from my employer clearly explaining about the cash thing in that month, i thought that as i have paid tax for that month it's totally legal,they did asked for second form of evidence i had no clue about the letter from HMRC, as i came to know about that from this blog, where one of the candidate had same problem as mine and he has submitted the letter from HMRC and they have considered it and allowed his appeal without hearing, but my concern was will this letter from HMRC will be a new Evidence.

If u look at this link from UKBA http://www.ukba.homeoffice.gov.uk/worki ... documents/

which stated that u can send any 2 from this list
payslips;
personal bank statements;
letter from your employer;
official tax document;
dividend vouchers;
letter from your managing agent or accountant;
invoice explanations or payment summaries;
company or business accounts.

I have send them my Payslip and Letter from my Employer, which comes under the same source. but when u look at Official Tax Document link
http://www.ukba.homeoffice.gov.uk/worki ... gs/taxdoc/
which shows that P60 is a form on evidence, as i have also sure the points i have claimed show the exact amount of earnings for which iam claiming points.

i have no clue how can they think that P60 is from same source, i am talking according to the information they have provided in there website.

Thanks
Krish

[geriatrix]

110. The applicant must provide at least two different types of supporting document for each source of earnings claimed. Each piece of supporting evidence must be from a separate source and support all the other evidence so that together they clearly prove the earnings claimed. For example: When providing documents for salaried employment, an applicant should not send payslips together with a P60, because we consider both of these documents to be from the same source.

[krish007]

Thanks Mehta,

So from that statement, it's clear that my chances are slim.

Still if i give a shot, will they accept the letter from HMRC as it is a new evidence.

Thanks

[tknayak]

Thanks Mehta,

So from that statement, it's clear that my chances are slim.

Still if i give a shot, will they accept the letter from HMRC as it is a new evidence.

Thanks

I think sushdmehta is very experienced and can give you the correct answer. As per my understanding, this tax document from HMRC should be considered as a different source than your payslip or P60. And this should be a valid document as specified in the page 20 of the guidance document.

And of course this is a new evidence. The question is since HO has specifically said that they will not allow new evidences during appeal, whether they would consider this at all. My feeling is they should consider this and approve your visa since your situation has not changed, its just that you did not provide the appropriate evidence first time. But this can't be said with certainty.

[krish007]

110. The applicant must provide at least two different types of supporting document for each source of earnings claimed. Each piece of supporting evidence must be from a separate source and support all the other evidence so that together they clearly prove the earnings claimed. For example: When providing documents for salaried employment, an applicant should not send payslips together with a P60, because we consider both of these documents to be from the same source.

Thanks for the information, do u think will they accept the new evidence in my case, as i got a letter from HMRC.

Thanks
Krish

[mulderpf]

If you want to apply for permission to remain in the UK under a points-based system category, you should take particular care to consult and follow the relevant guidance and checklists on this website when making you application. You must ensure that you submit all required documentation with your application.
Any new evidence submitted at an hearing for the first time after 23 May 2011 will only be allowed if it is being used to prove, for example, that a document originally submitted was genuine, or if it is in support of grounds unrelated to the scoring of points under the points-based system.

Based on the rules, the chances of it being allowed are very slim, but that's based on facts and not experience as there have been appeals where additional evidence was allowed, although these fell over the time the new rules were being introduced, so they are likely to follow through on these rules now.

[krish007]

If you want to apply for permission to remain in the UK under a points-based system category, you should take particular care to consult and follow the relevant guidance and checklists on this website when making you application. You must ensure that you submit all required documentation with your application.
Any new evidence submitted at an hearing for the first time after 23 May 2011 will only be allowed if it is being used to prove, for example, that a document originally submitted was genuine, or if it is in support of grounds unrelated to the scoring of points under the points-based system.

Based on the rules, the chances of it being allowed are very slim, but that's based on facts and not experience as there have been appeals where additional evidence was allowed, although these fell over the time the new rules were being introduced, so they are likely to follow through on these rules now.

Thanks for your reply Mulderpf,
my only concern is that, i have provided my payslip and bank statement for the remaining months which i am claiming points, it's only the first one i have problem, for that i have provided letter from my employer explaining wat exactly happen, i think the letter from HMRC will be supporting document, and i was refused for just 800£ less for my 35000£.

Thanks
Krish

[krish007]

Hello Every one,
I have applied for my Tier 1 ( General) visa on 1st of April, my Visa was rejected on Previous Earning, went for hearing on 25 June and i have got the decision on my side, i have received the letter from Tribunal on 11 Aug, So will there be any chance that Home Office will appeal against the decision and What will be the procedure, till i get VISA.
Thanks
Krish

[vinny]

My appeal has been allowed, can the UK Border Agency appeal against this decision?

[uday2509]

Hi There,

I have few doubts regarding my Tier 1 visa extension, Thanks much if anyone could help me.

I have failed go out of city center when asked by police men during one of my weekend nightouts coz I was really really drunk, and I have been told to pay fine in the court and which i did.Do I need to mention this in my visa extention application, does it affect my visa extension. What is the impact? if it affects, any workaround?

Thanks in advance.

Regards,
Uday

[krish007]

Hello Every one,
I have applied for my Tier 1 ( General) visa on 1st of April, my Visa was rejected on Previous Earning, went for hearing on 25 June and i have got the decision on my side, i have received the letter from Tribunal on 11 Aug, So will there be any chance that Home Office will appeal against the decision and What will be the procedure, till i get VISA.
Thanks
Krish

Hello,

Today (27th Sep) got a letter from UKBA, they did send my passport and a letter stating that they have approved my case and they will be sending me the BRP with in 10 working days.
Thanks every one for the sharing the information, hope my case might give some readers hope.
All the Best.
Krish

[krish007]

Hello Every one,
I have applied for my Tier 1 ( General) visa on 1st of April, my Visa was rejected on Previous Earning, went for hearing on 25 June and i have got the decision on my side, i have received the letter from Tribunal on 11 Aug, So will there be any chance that Home Office will appeal against the decision and What will be the procedure, till i get VISA.
Thanks
Krish

Hello,

Today (27th Sep) got a letter from UKBA, they did send my passport and a letter stating that they have approved my case and they will be sending me the BRP with in 10 working days.
Thanks every one for the sharing the information, hope my case might give some readers hope.
All the Best.
Krish

Hello Every one,

Today i.e 28 sep i have received my Visa atlast.
Thanks for all the information.

All The Best

Krish

[rajani1981]

Hi krish
Congratulations on your success at hearing.
I would like to know one thing from you. You have got your appeal after 23, May, 2011. In your post you said that you have submitted P60 as new evidence. But did the judge accept this new evidence after a new rule introduced on 23, May, 2011 that new evidence cannot be submitted during appeal stage?
Kindly can you respond? as I am a lot tensed about the outcome of application, I have found some anual errors in Accountant letter that I have submitted as pat of the self employment sole trader earnings.
Thanks in advanc