Need Urgent help regarding Visa refusal

[rajbhanu300]

Dear Members/Gurus,

I got my refusal letter today and that is because of short of hours in job creation. I applied my initial visa before April 2014 and have created equivalent of two jobs as described in the guidance. I followed the rules but still can't understand how the hours are calculated by the caseworker.The following is the break-out i gave in the cover letter(Accountant letter).

I created two part-time jobs and 1 full time job. But as i was pre-april 2014, i claimed for 1 employee only working part-time for 24 months and 1 full time employee for 12 months. Both the employees are on an annual contract and so they have fixed salary.

Employee A(Part-time) paid at an annual 6000/annum at 6.7 for 2015/16 and 6600/annum at 7.2 for 2016/17 for 2 years claimed.

Employee B(Full time) paid at 12000/annum at 7.69 for 1 year claimed.

According to the case worker it comes to 2872 hrs instead of the minimum 3120 hrs. I can't understand how they have arrived at this. So from the above can any one tell me how i should respond to this refusal.

Your views are really appreciated.

[teddybear79]

we need exact start dates and end dates and monthly payments details to see whats wrong.

[rajbhanu300]

The start date of employee A is Aug 2014 till date but claimed for 2 years only(2015/16 and 2016/17) .She was paid 550/month for 2015/16 and 590.4 for 2016/17.

Dates claimed from April 2015 till March 2017.

The start date of employee B is March 2016 till date. He was paid 1000/month for 12 months claimed(2016/17)

Dates claimed from April 2016 till march 2017.

Pl let me know asap.


Thanks

[zimba]

You were not awarded slightly over 8 weeks of full time work or 248 hours.
Did your payslips cover the pay over the full 104 weeks period ??
You really need to provide EXACT start dates/end dates which you CLAIMED and the gross pay on every single salary payslip you provided as evidence.

[Successlondon]

I am really sorry to hear. May I know which date you made the application and bio metrics. I think you can win in JR.

[rajbhanu300]

Thanks Zimba88 for your reply.

I have provided the payslips for 24 months from 6/04/15 to 5/4/17 with 12 payslips of 2015/16 and 12 of 2016/17.The rates and amount as i mentioned above is same as it is fixed salary.

The full time job is from 06/04/2016 and continued(05/04/2017). So provided 12 months payslips and that is also mentioned above as fixed salary.

Could you please reply now.


Thanks

[zimba]

I don't see based on your numbers that you failed to create 3120 hours, however as discussed many times before, there has never ever been a guide or formula on how HO will calculate part time hours or if they count two years of part time work as one year of full time work. My suggestion is to make it clear in AR that you have indeed created over 3120 hours of employment and provided evidence for them.

[rajbhanu300]

Thanks Zimba88 for your confirmation. I will surely mention in my AR.

[Mehdi123]

Hey mate what's your time line?

[marcnath]

Thanks Zimba88 for your reply.

I have provided the payslips for 24 months from 6/04/15 to 5/4/17 with 12 payslips of 2015/16 and 12 of 2016/17.The rates and amount as i mentioned above is same as it is fixed salary.

The full time job is from 06/04/2016 and continued(05/04/2017). So provided 12 months payslips and that is also mentioned above as fixed salary.

Could you please reply now.


Thanks

How did you end up with payslips with dates from the 6th of the month ? Is your pay period 6th to 5th and not 1st to 31st ?
Is the hourly rate you indicated what you entered into the job table in the application form ?
There is also a requirement to indicate in the application form which jobs are combined - how did you do that ?

[rajbhanu300]

Hi marcnath,

Those are the start dates on the FPS and hence the payslips.The hourly rate is the same i entered in the application.The jobs are not combined,its just one employee for 2 years which is part time and the other employee is full time as mentioned above. I don't know how the case worker has arrived at 2872 hours! There is no problem of jobs,its just the no. of hours.

Please let me know your views.

Thanks

[sm12]

Thanks Zimba88 for your reply.

I have provided the payslips for 24 months from 6/04/15 to 5/4/17 with 12 payslips of 2015/16 and 12 of 2016/17.The rates and amount as i mentioned above is same as it is fixed salary.

The full time job is from 06/04/2016 and continued(05/04/2017). So provided 12 months payslips and that is also mentioned above as fixed salary.

Could you please reply now.


Thanks

How did you end up with payslips with dates from the 6th of the month ? Is your pay period 6th to 5th and not 1st to 31st ?
Is the hourly rate you indicated what you entered into the job table in the application form ?
There is also a requirement to indicate in the application form which jobs are combined - how did you do that ?

Sorry to hear about this.

I'm guessing the pay period is aligned with the tax month?
Hence 6th to 5th?

Also, I've always wondered whether HO accepts 24 months part time in place of 12 months full time....what were the hours per month/week of the part time employee?

[marcnath]

Hi marcnath,

Those are the start dates on the FPS and hence the payslips.The hourly rate is the same i entered in the application.The jobs are not combined,its just one employee for 2 years which is part time and the other employee is full time as mentioned above. I don't know how the case worker has arrived at 2872 hours! There is no problem of jobs,its just the no. of hours.

Please let me know your views.

Thanks

It is difficult to figure out where the 2872 came from. Most probably a missed document - FPS or payslip. Check the documents again, make sure FPS and payslips are aligned and show your calculation in your AR submission.
It is troublesome, but looks like a good chance it will be corrected.
All the best.

[rajbhanu300]

Thanks Marcnath for your suggestions. I have already submitted AR with calculations. So hoping for the best.

[piercebody]

Thanks Marcnath for your suggestions. I have already submitted AR with calculations. So hoping for the best.

I am planning to submit my AR also. In my letter they have asked me to send via email. Did you submit via email..?? it is so as a PDF attachment or email contents.?

Please share the methods how you have submitted and I see the space provided in the request form also very small. Do we need to enter the full reason of the refusal and explanation or just a short heading and explanation. I am planning to type the contents and pls share the way how you have submitted..??
All the best and thanks in advance.

[PeterLove2008]

Dear Members/Gurus,

I got my refusal letter today and that is because of short of hours in job creation. I applied my initial visa before April 2014 and have created equivalent of two jobs as described in the guidance. I followed the rules but still can't understand how the hours are calculated by the caseworker.The following is the break-out i gave in the cover letter(Accountant letter).

I created two part-time jobs and 1 full time job. But as i was pre-april 2014, i claimed for 1 employee only working part-time for 24 months and 1 full time employee for 12 months. Both the employees are on an annual contract and so they have fixed salary.

Employee A(Part-time) paid at an annual 6000/annum at 6.7 for 2015/16 and 6600/annum at 7.2 for 2016/17 for 2 years claimed.

Employee B(Full time) paid at 12000/annum at 7.69 for 1 year claimed.

According to the case worker it comes to 2872 hrs instead of the minimum 3120 hrs. I can't understand how they have arrived at this. So from the above can any one tell me how i should respond to this refusal.

Your views are really appreciated.

Sorry for hearing the refusal.
Your above message didn’t talk about the points for which the home office are looking, that is the hours worked per week. It is not the pay and how much the employees get per month (as long as you meet the national minimum wages). Therefore you should really focus on the hours worked, and try to combine them as two equivalent full time jobs (30 hours per week to last 104 weeks).

[piercebody]

Sorry for the confusion. I just want to know how you have submitted your AR.
Is this by email or mail.?? If it is email please share is this PDF or email content.?
Thanks for your concern and I hope to get it back as I have strong business background.
Thanks a lot.

[rajbhanu300]

Hi Piercebody,

You know in the refusal letter they have given the link for AR. I just have gone on that website and submitted the AR online.There is enough space of @1000 words i think, to explain your reasons. I hope that helps.

[piercebody]

I hope it is for in country Administrative Review.
I got one email address to send my review and link to a PDF file where I have to type/write and send it. No form and I don't know where it the limit for 1000 characters. I am planning to type my review in PDF and send to them via attachment or email contents..?? Search over all the places and still not finding it correctly.
Please share if any one have any experience on this. Thanks

https://www.gov.uk/government/publicati ... a-decision
https://www.gov.uk/ask-for-a-visa-administrative-review

[zimba]

I hope it is for in country Administrative Review.
I got one email address to send my review and link to a PDF file where I have to type/write and send it. No form and I don't know where it the limit for 1000 characters. I am planning to type my review in PDF and send to them via attachment or email contents..?? Search over all the places and still not finding it correctly.
Please share if any one have any experience on this. Thanks

https://www.gov.uk/government/publicati ... a-decision
https://www.gov.uk/ask-for-a-visa-administrative-review

You seem to be ignoring several warnings we have given you to ask your question in your own topic. If you fail to follow, you will be banned

[rajbhanu300]

The link I received was for online application which is as follows:-

https://eforms.homeoffice.gov.uk/outrea ... dance.ofml

I hope this is also your letter.


Regards

[piercebody]

I hope it is for in country Administrative Review.
I got one email address to send my review and link to a PDF file where I have to type/write and send it. No form and I don't know where it the limit for 1000 characters. I am planning to type my review in PDF and send to them via attachment or email contents..?? Search over all the places and still not finding it correctly.
Please share if any one have any experience on this. Thanks

https://www.gov.uk/government/publicati ... a-decision
https://www.gov.uk/ask-for-a-visa-administrative-review

You seem to be ignoring several warnings we have given you to ask your question in your own topic. If you fail to follow, you will be banned

I am sorry Zimba88. Hope you understand that I am not doing with any bad intention. Just gone through all T&C and just have this basic doubt. If I want to ask any questions/help is it better to create a new topic or what is the best alternative way to get notified with the same type of subjects' discussion.
Sorry again and I will make sure to not give a chance to repeat this again and always admire your contributions towards this forum. Thanks a lot.

[piercebody]

The link I received was for online application which is as follows:-

https://eforms.homeoffice.gov.uk/outrea ... dance.ofml

I hope this is also your letter.


Regards

I got the below links. ( For me AR is free no charge hope it is because my application is outside UK)
https://www.gov.uk/government/publicati ... a-decision
https://www.gov.uk/ask-for-a-visa-administrative-review
Any way from your link I got more information about the AR in detail. Thanks

[marcnath]

I am sorry Zimba88. Hope you understand that I am not doing with any bad intention. Just gone through all T&C and just have this basic doubt. If I want to ask any questions/help is it better to create a new topic or what is the best alternative way to get notified with the same type of subjects' discussion.
Sorry again and I will make sure to not give a chance to repeat this again and always admire your contributions towards this forum. Thanks a lot.

If the reason you are tagging other questions just to get an update on that, there is an easier method. At the top of the thread, there is a tool sign. Pull down the menu there and you can subscribe to the topic. That way you get an email whenever anyone replies in that thread.

[piercebody]

I am sorry Zimba88. Hope you understand that I am not doing with any bad intention. Just gone through all T&C and just have this basic doubt. If I want to ask any questions/help is it better to create a new topic or what is the best alternative way to get notified with the same type of subjects' discussion.
Sorry again and I will make sure to not give a chance to repeat this again and always admire your contributions towards this forum. Thanks a lot.

If the reason you are tagging other questions just to get an update on that, there is an easier method. At the top of the thread, there is a tool sign. Pull down the menu there and you can subscribe to the topic. That way you get an email whenever anyone replies in that thread.

Got it already. Thanks for your useful suggestion.
Let say if I have any new doubt/question it is better to open a topic right..?? Thanks again.