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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 1944
Experience:  I am a qualified solicitor and an expert in UK law.
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hello. I applied in March 2013 for a 6 month visitor visa to

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hello. I applied in March 2013 for a 6 month visitor visa to the UK and was just refused last week. I am self employed, i have employees and my company was formerly sole proprietorship, but was incorporated in july 2012 as a LTD company, and i obtained the company tax certificate in Nov of same year, and it showed NIL, cos the company was less than 6 mths as a ltd liability. my personal income tax however shows a total assessable income of NAIRA1.05m, meaning i earn i earn only N83k/month, where as i said i earn N200k/month(which is true).

The reasons for refusal are:

1. I didnt show any travel itinerary: (Not true, i included tour bookings including across-london bus rides, and other tour details)
2. My company Tax certificate shows NIL(i already explained this to them in my personal letter that the company is less than 6mths as a LTD company, hence no payments yet)
3. My personal Tax shows N83k/month and not N200k.(This is actually from the Tax Revenue office: when i went to obtain my tax certificate, i was asked:what do you need it for? and i told them for embassy, and they said its a flat fee of so-so amount, which i paid and it was issued, didnt know that it would show a total assessable income, and i didnt know it mattered. I wasnt asked to declare how much i earn, or show bank statements as proof. Nothing of the sort.

On the issue of my monthly earnings, i explained in details in my application, how the company earns money. I also included foreign cheques payment details from Google averaging 200GBP/month, details of Job done and value, subscription websites where we earn at least 300GBP/month, and my bank statements(i submitted 4 different accounts) shows that i make far more than the N200k/month (800GBP) whch i stated.

I am really confused and very troubled. I talked to a lawfirm in Nigeria today, and they said they'll do a review for me and submit within next two days.

Please sirs, i need your expert opinions before i go ahead. Please i'll really appreciate your expedited help
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year ago.

Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

 

This not something which is a rare occurrence I am afraid , the immigration officers do not always review the whole application and put as much weight as they should on documentation.

 

The best way for you to approach this would be for you to write another detailed letter to the post that refused your visa ie British high commission in Lagos asking them to reconsider their decision and state to them the reasons you have mentioned in this question refuting what they has said. It does seem clear from what you have stated that they have failed to take into account your explanations or give enough weight to your documentation.

 

You should therefore:

 

1. Write a letter of reconsideration, refuting the comments made in the refusal letter and explain the reason why you feel the decision which was made is incorrect.

2. Address the letter to the High Commission in Lagos

3. Enclose any further documentation which may assist your matter and the immigration officer in making a more amicable decision in respect of your application.

4. Send it by recorded delivery so you have a record of what you posted and when it was delivered.

 

This process can take between 2-3 weeks there is no fees for this service as you are asking the immigration officer to review the matter. The review is undertaken by an immigration manager and who should review the documentation throughly before deciding whether to overturn the decision or not. You should ensure that you quote the reference number stated on the refusal letter, on your letter of reconsideration.

 

If successful you will be asked to resubmit your passport for the visa to be issued.You should do the above no more than 28 days after the date of refusal.

 

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards

Customer: replied 1 year ago.

Hello.


Thanks for your reply. I would say i was expecting more, because, as i said before, this is what the Nigerian law firm said they would do for me...a review.


 


That said, could you please help a bit further:


1. My First application was in September 2012, then i was refused, and the only reason for refusal was and i quote:


 


Whilst you have provided evidence of your employment, you have failed to provide evidence of your income generated from this business; for example your Income Tax Clearance Certificate, your company Income Tax Clearance Certificate etc in support of this application. Therefore, for the reasons stated above, on the balance of probabilities, I am not satisfied that you are genuinely seeking entry as a visitor for a limited period not exceeding 6 months or that you intend to leave the United Kingdom at the end of your visit as required by...


 


(Let me also add to this: in the refusal letter that was issued me, they stated i have been employed since 24/06/06 instead of 24/06/08 which i stated in my application. I also pointed this error out to them in my personal letter during the 2nd application)


 


It was because of this that i had to obtain both my company tax and personal income tax clearance certificates. Though my company certificate shows NIL payments, as explained before, and my personal certificate shows total assessable income of N1.05m, but this isnt a true reflection of how much i earn, even from my bank statements.


 


2. In view of the above, what kind of further documentation can i include to help my case?


 


3.Can i send the review letter on my own, or must the law firm do it for me?


 


4. Who do i address this letter to and how do i send it? i was thinking via DHL or the like.


 


5. Are they bound by any law to reply to my review? if they do, how would they reply? the law firm told me there are only 3 likely outcomes: they'll request to interview me in person, they'll ask me to resubmit my passport for the visa to be issued or they'll ask me to go ahead and apply again. Whats the implication of the 3rd option?


 


Thanks


 

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

1. In respect of what documentation you provide then the best form of this would be your bank statements and then your company accounts etc to corroborated what you statements reflect, you may want to ask the accountant for a letter to state what your earnings are.

2.You can send the review letter on your own, you do not need to involve a law firm.

3. You need to address it to the post which refused it, it may be Lagos, but you need to send it to the high commission and yes DHL will be the best way to send it as it will give you a receipt of what you have sent.

4. They do have to reconsider any application for reconsideration made by the applicant or representative. The option will be either a refusal or a acceptance of the fact that they have made a mistake and issue you with a visa.

You are able to apply for a new visa now without the need to ask for a reconsideration, when you submit your new application provided you refer to this refusal and state the reasons you have stated of why you refute the decision then this should assist your new application and inform the immigration officer and you do not believe that a correct decision was made on your previous application.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Expert:  UK_Lawyer replied 1 year ago.
I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.

Hello.


 


Sorry for the delay, was away.


So if I do all that, and the High commission doesnt reply favourably, what do i do next?


 


Regards.

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

In this case you would need to reapply. The fact is that you have tried to argue that the decision made was incorrect and this will have a good effect on your credibility. Had you accepted the decision then the home office would have taken the view that they have made a correct decision and that you are unable to provide the documentary evidence require.

If they do not reconsider then you should re submit your application again.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.

Hello.


Do I need to wait till next year or later in the year when i would have obtained a more recent tax certificate which might show my earning more clearly?


 


Or do i apply with what i have?


 


Also, how does one get banned for 10years?

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your recent question.

I will be happy to answer your new question once you have rate my previous answer positively.

Kind regards
Customer: replied 1 year ago.

Hello


i dont understand.


I need to rate your service before you answer this question? doesnt that end this thread?

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply. If you rate my answer positively it will not end the thread.

1. In respect of your earning there is nothing preventing you from applying now, but I would recommend that if you are applying now you need to write a very detailed covering letter explaining the reasons in respect of your earning being show in this particular way.

2. You may wish to apply once you have a recent tax certificate and show your earnings clearly. I would recommend this to be a better option.

3. In respect of being banned for 10 years this would occurs if you have submitted false documentation with your application. If an applicant does submit false documentation then they will be banned for 10 years from applying for a UK visa

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 1944
Experience: I am a qualified solicitor and an expert in UK law.
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