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UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2448
Experience:  I am a qualified solicitor and an expert in UK law.
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My Story=======My name isXXXXX am currently

Customer Question

My Story

My name isXXXXX am currently on Tier 1 General Visa which is expiring on 14th June, 2013. I am currently working for a company which is A-rated sponsor. i will be now applying for my Tier 2 general visa. on UKBA website it says i can make in-country application for switching into Tier 2 general from Tier 1 general.

my daughter born in UK on 17/11/2012 and we made an application through POST to Indian High Commission for her new Indian passport. i have submitted me and my wife passport and BRP card with that application as Indian High Commission needed this for verification. I have not received our passport and BRP card form them yet. I have all receipts and email conversation which proves that our passport and BRP card is with Indian High Commission.

As my company is sponsoring me. i am going to make an tier 2 general application within country before my visa expires. my company has given me COS and in COS it says that my company will take care of my expenses for the first month. Also my company has given me a letter stating that it will accommodate me,my wife, my child if required.

Few months back by mistake my wife had applied for Child benefit(CB) to HMRC, we received a letter stating that we are not entitled for that as we are under immigration control. some days after we received letter from HMRC with 2 bank cheque stating that we are going to receive tax credit for the year april-2012 to april-2013. my wife deposited those cheques in our bank account. the fact that we had mentioned in the HMRC form that we are subject to immigration control and we also did sent our passport copies to HMRC and still they provided us tax credits. I am 100% sure that it is classified as public funds and we are not entitled for it. It was a honest mistake and while searching for my visa queries online, i came to know this yesterday. i am ready to pay back, even called HMRC today about this BUT it will take time and i need to submit my application to UKBA within 3-4 days.

My questions

1) How to submit my application to UKBA without sending original passport. I have a cover letter in place which explains the story of Indian High Commission. Is this enough? or UKBA will invalidate/ reject/ refuse my application without passport. I have a copies of my passport but those are not certified by any UK lawyers. and even if i go now to certify those copies, no lawyers will do that without seeing my original passport.

2) the fact that me,my wife is living in this country for more than 12 months, my company has already certified my maintenance on COS and my dependents maintenance on a letter. Is this enough? i was reading online and came to know that if more then 12 months, then i need to show balance requirement to UKBA. UKBA will disregard company letter of certifying the maintenance of my dependents.

3) Tax credit claimed by mistake. what should i do to let UKBA not reject my application on the basis of breaching the immigration rules. Cover letter stating that it was a mistake and agreed with HMRC to pay back the amount would be enough? or do i need to show some more clarification.

4) am i allowed to book PEO appointments with UKBA without my original passport?

I am more worried about points 2 and 3. Please if you can give me more details answers on those points would be much appreciated.
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 2 years 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.


Just to confirm:


When can you expect your passports and Bio cards back from the Indian embassy?

Are you unable to ask for them back during the process?

Have you received a letter from HMRC stating that they are process your re-payment?


Kind regards

Customer: replied 2 years ago.

I have sent them an email as well as phoned them regarding returning my passport as soon as possible. BUT i have not received any replay from them over the email and over the phone they are not even responding to my query. I don't think that i will be getting my passport back with-in time. So what are the options available to me for making an application to UKBA?


regarding HMRC


I came to know yesterday that it will create a problem in my application having claimed tax credit. So i called HMRC today to make a payment. BUT they are saying that they will check our records and will reply to us if necessary. They are not going to answers or take payment over the phone. I don't think i will get answer from HMRC with-in time. what are my best options?


regarding maintenance funds


could you please let me know these points as well.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your detailed reply.

I will address your specific questions:

1. The home office make it clear in their from at point C1 which states:

Please note that for the application to be valid and complete, your current passport/travel document must be provided unless it is not available for one of the reasons specified. The reasons specified are as follows:

a. Lost
b. Stolen
c. Already with the home office
d.Expired and returned to national authorities

If the reason for you not supplying the passport falls outside of the above reasons your application is likely to be deemed invalid and returned to you.

Certified copies would have helped to an extent but the home office would have still asked for your original documents. If you provide a covering letter enclosing all the receipts etc and explain the situation this may still not be enough depending on the view a particular immigration officer takes, if they decide to be lenient then it may be ok, but as I mentioned it is most likely that they will return your application as invalid. Its a risk that you must be aware of before submitting your application without the original passport.

2. In respect of maintenance If the dependents are making an application at the same time as the Tier 2 Migrant, then A-rated sponsors are able to certify your maintenance on the Tier 2 Migrant’s Certificate of Sponsorship or by providing a letter. Your maintenance cannot be certified if your main applicant has indefinite leave to remain.

If you are making your application at the same time as the Tier 2 Migrant and the A-rated sponsor is certifying maintenance on the Certificate of Sponsorship, then you do not need to send us any documents for maintenance. We will take this information from the Certificate of Sponsorship.

If the A-rated sponsor is certifying maintenance on a letter, then the letter, which can be posted or faxed to you, must be on official letter-headed paper or stationery of the organisation, be signed by a senior official and must show:

• your name;
• the sponsor’s name and logo;
• confirmation that the sponsor has certified the maintenance; and
• details of limiting the undertaking if appropriate

So in your case if you submit a letter from the employer confirming that they are willing to accommodate you, and your family then this should be sufficient.

3. In respect of the HMRC, you should obtain sum documentary evidence that you have made attempts to pay back the funds. You should try and obtain a letter from them as soon as possible confirming that they are checking their systems and you will be receiving an update shortly. Evidence of your intention needs to be submitted because the home office may take the view that you have not made any attempts to pay back the amount.

You may wish to write an affidavit and submit this with the application confirming you have made attempts to return the money and are awaiting a reply from the HMRC.

4. PEO would not be something I would recommend, because you do not have original passports, your application will be refused and invalid therefore unless you have original passports, an application should not be submitted via this method.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. 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 2 years ago.

Thank you for your response.


I will try to clear my points 1 by 1..


1) When i try to apply online through UKBA website. while filling the details it actually ask "Where is your Passport / travel document". it gives the option "Child Born in UK- passport with home government". So i think i will be fine if i make online application. after completing online application they ask us to send the documents by post. please see attached image for more info.




2) thank you for your clarification on maintenance funds. i should be fine as i am making application for my dependent at the same time as main applicant.


3) HMRC have online repayment system. Please visit the following link.


if i make payment to them online and submit my bank statement to UKBA to proves that i have made a re-payment to HMRC. is this enough? as i might not receive any letter from HMRC by the time i make application to UKBA.


4) i am also not convinced about making an PEO appointments without my original passport. so this point is clear.



Now the only details i want is the HMRC thing. if you can visit the link i have provided and let me know some more details on how UKBA proceeds with this kind of application.


your time much appreciated.


Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.

1. If you wish to apply online and then provide the documentation thereafter this is up to you. But original documents will be required for your application.

2. Any evidence showing that you have made an effort to make the payment will be accepted by the home office. So a reciept confirming that you have made payment in respect of receiving benefits should assist you application. But having visiting the link I would suggest that you wait until you have received a letter from the HMRC in respect of your particular payment, only then will it have relevance, If you just make a payment which does not say specifically what its purpose is ie in a letter from the HMRC then it would not seem viable to do so.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. 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 2 years ago.

further update on HMRC. I called them just now and explained that we and HMRC both made a mistake in assessing our claim. I said them that if HMRC gives me a letter or (have a email conversation) regarding making the payments back to them, then i can at least have some kind of proof for UKBA. they are saying it will not possible to send such a document within 10 day. they saying that they dont have any guidelines regarding this. so i am not sure what and how i contact HMRC regarding paying them back.


very tensed...

Expert:  UK_Lawyer replied 2 years ago.
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Customer: replied 2 years ago.
Relist: Other.
I am willing to seek more information on my HMRC issue.

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