- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
bmb9ks wrote:Hi,
I have just received notice that my application for under Tier 1 has been refused (application from within the UK).
The grounds are that I have insufficient points. This has resulted because my "Previous Earnings" (Letter from employer and bank statements for 12 months) have not been accepted, leaving me with 65 points.
The problem is that "The employer letter submitted did not break down the earnings into monthly gross and net payments so we were unable to corroborate the evidence with the bank statements."
I have now found the guidance on p23/24 of the Tier 1 Guidance that "Where an employer letter includes only total gross and net earnings figures for the whole earnings period claimed, we will consider this document. However, only where the dates of the earning period and the total gross/net earnings stated in the letter exactly correspond with the information included in the other documentary evidence of these earnings provided, will we be able to award points."
The one possible issue that I have with this is that the amounts shown on my bank statements are in fact greater than the figure from my employer because these deposits included refunded expenses. I agree that by the strict interpretation of the guidance, they were within their rights to award me no points.
However, where does that leave me now?
I applied one month before my work permit leave to remain expired (Jan. 20 for a Feb. 19th expiry) due to the HO information, and expecting that a service costing £750 would be fast (the in person service at Croydon cost me £500 when I used it last time). I certainly did not expect to be told that my documents were not sufficient a month and a half after application.
So now that is my problem. My leave to remain has expired so I can't reapply. I have been living with my partner for more than 2 years (and have proof of this), so I could have applied under this system if I had been refused earlier.
My only option seems to be to appeal to the AIT, though I will of course get legal advice on Monday. Is there any advantage to consulting private solicitors as opposed to the Citizens Advice Bureau (my employer has contracted some of their time for various enquires including immigration)?
Any advice would be greatly appreciated.
Thanks,
KSS
T_mahmood wrote:Hi
Sorry to know about your refusal.
You are right that you cannot reapply once your Leave to Remain has expired. Though there are good chances if you go to appeal. Just hire a solicitor (normally charge from £750-1000) and I believe you would be ok. He just need to proove that pay were included with the expences. Also get a letter from employer explaining these, in case of evidence before the court.
I personally feel that if you were receiving expences with your pay, you must have delcared it on covering letter and if possible on employeer's letter, so that case worker could have understood the whole case.
I wounder why you did not submitt payslips, as expences are clearly shown on the payslips. Like my company payes me expenses and these are revealed in payslips and paid a day before the pay day.
bmb9ks wrote:Hi,
I have just received notice that my application for under Tier 1 has been refused (application from within the UK).
The grounds are that I have insufficient points. This has resulted because my "Previous Earnings" (Letter from employer and bank statements for 12 months) have not been accepted, leaving me with 65 points.
The problem is that "The employer letter submitted did not break down the earnings into monthly gross and net payments so we were unable to corroborate the evidence with the bank statements."
I have now found the guidance on p23/24 of the Tier 1 Guidance that "Where an employer letter includes only total gross and net earnings figures for the whole earnings period claimed, we will consider this document. However, only where the dates of the earning period and the total gross/net earnings stated in the letter exactly correspond with the information included in the other documentary evidence of these earnings provided, will we be able to award points."
The one possible issue that I have with this is that the amounts shown on my bank statements are in fact greater than the figure from my employer because these deposits included refunded expenses. I agree that by the strict interpretation of the guidance, they were within their rights to award me no points.
However, where does that leave me now?
I applied one month before my work permit leave to remain expired (Jan. 20 for a Feb. 19th expiry) due to the HO information, and expecting that a service costing £750 would be fast (the in person service at Croydon cost me £500 when I used it last time). I certainly did not expect to be told that my documents were not sufficient a month and a half after application.
So now that is my problem. My leave to remain has expired so I can't reapply. I have been living with my partner for more than 2 years (and have proof of this), so I could have applied under this system if I had been refused earlier.
My only option seems to be to appeal to the AIT, though I will of course get legal advice on Monday. Is there any advantage to consulting private solicitors as opposed to the Citizens Advice Bureau (my employer has contracted some of their time for various enquires including immigration)?
Any advice would be greatly appreciated.
Thanks,
KSS
hayathuk wrote:Hi,
I am applying as self employed and got a letter from my accountant simply showing my gross and net income for the last 12 months. The letter doesn't show gross and net income for every month. Is the same rule apply for self employed. Do i have to show gross and net income for each month.
Your help will be greatly appreciated
thanks
nasim
nangvil wrote:Hi Bmb,
Sorry to hear about your case.
I have been in exactly the same position as u, recently went to AIT for appeal and won the case. I have written out my experience through the whole process in the forum, just do a search.
As long as u are able to prove that your bank statements and payslips and letter from employer all collaborate, that should be ok.
I would strongly advise you to get legal representative(private) for a few reasons. The appeal process is not as simple as u think. U have to file the initial appeal within 10 days, then produce a personal statement to be used on your day of hearing. 5 days before your hearing, you have to file your papers including all appendixes with AIT. It's not that simple as it seems to be!!
Secondly, I was in the same situation as you. When my rejection letter arrived, my leave to remain had already expired. If for some reason your AIT appeal fails, u might have further options, but it's something I wouldn't really like to take the chance and risk it.
Get an immigration lawyer to file the appeal and represent u on the day of hearing.
If you need any further info, just pvt me. Happy to discuss with u.
nangvil wrote:I think it would be unlikely u'll get the visa by May assuming your appeal is successful.
Correct me if I'm wrong. Have u been given 10 days to appeal to AIT?
Assuming u are given 10 days to appeal, your hearing date should be some point mid April. Judgement will be issued 2 weeks after that period and u'll hear from HO after that.
Don;t get me wrong, May is still possible, but I think unlikely.
drjabberwocky23 wrote:nangvil wrote:There is no temporary document which could allow you to leave the country.
You can leave the country if u want, problem arises when u get back to the country, u won't be allowed to work on a tourist visa. If UKBA at airport discover ur purpose of visit is to work in this country but don't have a valid visa, they might deport u and require u to apply for entry clearance in your home country.[/quote]
Can they do this? Legally speaking, and appeal pending on a visa counts as leave to remain until the appeal is decided. That said, I would dare risk this sort of thing.
I think you are over reactive here. Point based systems comes because subjective nature of earlier system. It wasn't clear how points were awarded at that time.bmb9ks wrote:The UK Border Agency is trying to put people off by being overly restrictive on documents- not really whether people satisfy the requirements.
Now again, dont blame UKBA for this. Remember there are thousands of application they deal with. Simplest thing for them is to reject application, if insufficient/contradictory information is provided(which is case with you).bmb9ks wrote: I find it completely unacceptable for the UKBA to take one and a half months, £750, and refuse my application based on a technicality that they could have cleared up in a day by asking me for those documents.