Tier 1 General Rejected - Lack of Funds and Payslips

[nangvil]

Dear members,
I need further advice regarding the next action of plan.

I've submitted my application for Tier 1 under Extension of HSMP on 29 November 2008. My HSMP expired on 3 January 2009. I've just received my passport and documents back yesterday rejecting my application due to (1) Lack of maintenance funds (2) My previous earnings on payslips do not corroborate with P60.

I have been given right of appeal to Asylum and Immigration Tribunal within the next 10 days. I know I'm not allowed to submit a fresh application as my current leave has already expired.

It is stated in the letter that if my appeal is rejected, I will be deported. I am able to submit further bank statements to proof I have sufficient funds to maintain myself. With regards to the previous earnings, I'm planning to submit paylips to corroborate with my bank statements.

My question is:
(1) Would it be advisable to hire a lawyer to act on my behalf? As much as I'm confident as I have all my paperwork in order, I'm very aware that if I get rejected agan, I will be deported.

(2) Do I have to submit my passport to the Tribunal together with my bank statements to substantiate my claim? It does not mention in the letter.

I would appreciate if other members could give me more further advice.

Many thanks.

[MyHSMPApplication]

Hi nangvil
Can you provide more information about your application like;
Your claim period, your claim amount, the documents your provided as evidence (both the source) etc.

With regard to the maintenance funds, if you can let me know what is the amount that you have been maintaining in your account in the last 3 months prior to your application, that would help the forum members in replying to your case.


If you consider the response, payslips and P60 doesn't corroborate, it makes me think in the following lines

a) Why did you submit your P60, unless your claim period is between April - march? (which cannot be as you have applied in the month of November)

b) P60 and payslips are generally considered to be have the same source, i.e. the employer.

c) Why did you wait for so long i.e. until November 08 when you know your leave expires in the month of Jan 09?

Cheers
PG

[gradkg]

b) P60 and payslips are generally considered to be have the same source, i.e. the employer.

Cheers
PG

I believe P60 is the official tax document in U.K. Payslips and P60 should be fine.

1) If you had applied on Nov 28 2008, your claim period can not be Apr 07- Mar 08. In that case, P60 cannot be considered as an evidence at all.

2) Did you submit your full bank statements for your claim period as additional evidence by any chance.

3) If your P60 is a primary evidence, Did you add the sal stated in payslips and check if it matches the total in P60?

Sorry to hear your application was rejected. I would leave it to the seniors to answer whether to go directly with the appeal or through an immigration specialist ( I would prefer this one).

[nksg]

Hi nangvil,

were you covered under JR?

[MyHSMPApplication]

b) P60 and payslips are generally considered to be have the same source, i.e. the employer.

Cheers
PG


I believe P60 is the official tax document in U.K. Payslips and P60 should be fine

P60 is indeed the official tax document in UK, however the source is Employer. If you read the guidelines properly it very clearly states that P60 is a document produced by an employer as an official return to a tax authority. So technically you cannot show your P60 and your payslips as two documents of income proof.

Cheers
PG

[nangvil]

Thank you for the quick response.

My mistakes were:
(1) I submitted 3 months Bank Statement of my current account which shows my account dipping below GBP800.

(2) I've submitted my Payslips from Oct 07 to Oct 08; P60 2008; 3 months bank statement from Aug-Sept 2007 for fund maintenance. I did not submit 12 months bank statement, which I should have done.

The reason I applied in Nov 2008 was because of the guideline to submit applications 1 month before current leave expires.

I have bank statements on my savings to show funds above GBP800. I have bank statements to corroborate with my payslips. I would be grateful if members could give me advice on the best course of action, ie: whether it's safer to go through lawyer, court hearing vs paper hearing.

[MyHSMPApplication]

1) I submitted 3 months Bank Statement of my current account which shows my account dipping below GBP800.

This is indeed an issue. The HO were right in rejecting your application!
You should not have let your fund go below 800 GBP in the preceding 3 months prior to your date of application

(2) I've submitted my Payslips from Oct 07 to Oct 08; P60 2008; 3 months bank statement from Aug-Sept 2007 for fund maintenance. I did not submit 12 months bank statement, which I should have done.

You should have consulted the members of this forum well before you made the application. This certainly isn't correct.

If you carefully analyse your documents, there isn't any proof for the period, April 08 - October 08.

The reason I applied in Nov 2008 was because of the guideline to submit applications 1 month before current leave expires.

This is again debatable. I have known cases where people have applied 4 months before the expiry of the leave to remain in UK. You shouldn't have waited until November 08

I have bank statements on my savings to show funds above GBP800. I have bank statements to corroborate with my payslips. I would be grateful if members could give me advice on the best course of action, ie: whether it's safer to go through lawyer, court hearing vs paper hearing.

IMHO, given the above circumstances, the best thing is to get back to your home country, ASAP, and then apply once again and get in to UK. Any appeal will just be rejected because of lack of evidence / documents!. Solicitors might just prolong the judgement with an appeal which in my opinion is not going to help you.


Admin / John / Victoria / Vinny etc please advice!

Cheers
PG

[nangvil]

[quote]IMHO, given the above circumstances, the best thing is to get back to your home country, ASAP, and then apply once again and get in to UK. Any appeal will just be rejected because of lack of evidence / documents!. Solicitors might just prolong the judgement with an appeal which in my opinion is not going to help you. [/quote]

MyHSMPApplication,
I don't understand how any appeal is going to be rejected due to lack of evidence or documents.
(1)I do have statements from my savings account to show that the fund has not dipped below GBP800.
(2)I do have 12 months bank statements to corroborate with the payslips submitted and P60 if required.

Could you please clarify further?

[MyHSMPApplication]

Hi nangvil,
If you refer to ANNEX C of the Tier I General guidelines document it explains what one should do with regard to administrative review.

Question #10 explains very clearly that the HO will not encourage any new form of evidence instead they will just review the decision made with the original evidence.

Hope that helps

Cheers
PG

[moneypenny]

But an administrative review is different from an appeal in the UK...

I believe that appeals have different rules regarding additional evidence. I was told by an advisor that you can send additional information for appeals. I was looking at the AIT forms yesterday and again it appears to me that you can send in additional information.

[nangvil]

MyHSMPApplication,
Incountry applications for Tier 1 does not qualify for Administrative review, instead appeals go to AIT. Only applications made out of UK qualify for Admin review.