UK Immigration Law
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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
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.
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?
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.
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:-
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.
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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?
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.
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?
I do not appear to have had a response yet and just wandered if you can advise further.
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