How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6296
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Immigration Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

Hi, My wifes visa application got refused in December 2010

Customer Question

Hi,

My wife's visa application got refused in December 2010 on the following grounds:

1. Relationship is not genuine (no telephone records)
2. Change of job at time of application making them think the job was fake despite wage slips.

I have appealed in January 2011 providing telephone records and travel tickets since after December 2010 and photogrpahs of our time together for point 1.

For point 2. I have provided an accountants letter from my employer to confirm my employment.

However, soon after submitting the appeal I become self employed. My question is: Should I send documents of the change of employment to the tribunal together with bank statements to show the rlevant income or should I wait until the tribunal hearing to show the judge the change in circumstances?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi

 

Thanks for your question.

 

You were employed at the time of the application. You sent wage slips for your employment as proof of your ability to support you/your wife. You have now become self-employed and are earning an income from it.

 

Is the above correct?

 

Can you answer:

1. What was the date of your employment

2. On what date did you become self employed

3. What date is your appeal hearing

 

Kind regards,

 


Tom

 

 

Customer: replied 3 years ago.

Tom,

 

Thank you for your help in advance.

 

Yes, I was employed at the time of application. I went from being a Regional Manager for BUPA to Restaurant Manger for a local Indian Restaurant. My employement with BUPA ended on 08 September 2010 but began my employement witht the Restaurant from early August 2010; so there is a month's worth of overlap.

 

I became self employed from 04 January 2011, a day before the appeal was lodged with the tribunal; I have bank statements and invoices to prove the income generated from this and have e mail confirmation of the acknowledgement from HMRC in respect to this but have yet to make NIC or Tax payments to them.

 

The appeal hearing will be around mid June and I assume I would have made NIC and Tax payments by then to the HMRC and will have also completed a self assesment from Jan to Apr 2011, which I can submit or take to the hearing with me.

 

Once again, thanks for your help.

Expert:  Thomas replied 3 years ago.

Hi,

 

You state you started working at the restaurant in August but only became self employed on 4th Jan - why the gap?

 

Did you refer to your plans to become self employed in the original application?


Tom

Customer: replied 3 years ago.

Sorry for the confusion.

 

I left employemnt with the Restaurant on 29 January 2011. At the time of the application, I had no plans of becoming self employed and therefore did not mention potential self employment.

 

Regards,

 

 

Expert:  Thomas replied 3 years ago.

Hi

 

Firstly, you should consider getting a local immigration solicitor to act on your behalf in the appeal. This will give you the best chance of success. Fees for this would be around £1200-1600+Vat and you can find solicitors via:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

If you do not instruction a solicitor you should get a barrister to act on your behalf at the appeal. Some accept instructions from the general public. Fees around 400-750+vat.

 

As to point 1, in addition to the photos and travel tickets you should submit correspondence between you and your wife (eg. emails and letters). Provided they are comprehensive this should be sufficient to get around this.


As to point 2. You should instruct a solicitor to draft you an Affidavit confirming the chronology of your employment and self employment including copies of all relevant documentation (eg. P45. Pay Slips, HMRC self assessment registration details, accountant letters and proof of income earned from both self employment and employment.

 

It would also state that you did not plan to become self-employed at the time of the application and you did not know whether or not you should update them in this regard. You have to rely on them accepting it as an honest mistake. The Affidavit would be sworn in front of a solicitor including a statement of the fact that your relationship is genuine (including above documents). You will need two copies of the affidavit - one to send to the Immigration Appeals Tribunal and the other to the UKBA, both with cover letters fully referenced. Do not wait until the hearing, this will severely prejudice your prospects of success.

 

You should do this as soon as possible. If the affidavit is comprehensive and adequately evidenced then I would not be surprised to here that the UKBA withdraws their appeal before the hearing.

 

Again though, I would refer you to my opening paragraph about instructing a local solicitor - there really is no substitute.

 

If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.

Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6296
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi,

 

Thank you for the quick and comprehensiv e response. Can you advise if it is normal to submit additional documents relating to a 'live, ongoing' appeal?

 

Regards,

 

 

Expert:  Thomas replied 3 years ago.

Hi,


Thanks for your kind accept.

 

If an application has been refused and appeal date has been set it is permitted and in fact normal that the applicant may be allowed to adduce further evidence substantiating their claim.


Kind regards,


Tom

Customer: replied 3 years ago.

Tom,

 

In my original question I stated that the UKBA could not believe that my employement with the restaurant as being genuine, which translates to "the UKBA do not think my wife can be supported with out recourse to public funds" Now that I have left the restaurant employment, is the appeal judge or the UKBA not likely to review whether or not my wife can actually be supported irrespective of what employement i have demonstrated at the time of application?

 

Regards,

 

 

 

Expert:  Thomas replied 3 years ago.
Hi

Sorry I've not been able to reply. I am not at home and will be able to respond tomorrow

Kind regards

Tom
Customer: replied 3 years ago.

Tom,

 

I do not appear to have had a response yet and just wandered if you can advise further.

 

Regards,

 

 

 

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience