HELP PLEASE! TIER 1 REJECTED

[PUCMAC]

Hello,

On 05 March, 2009, I applied for Tier 1 (General). I have been awarded all the points that I have claimed in my form except for "Previous Earnings". I had claimed 15 points for my last 12 months.

I had supplied 2 sets of documents as evidence:
1) A letter from my employer stating I have drawn a salary of £X in the last 12 months.
2) 12 pay slips

I have been rejected on the grounds that both the evidence are from my employer, ie the same source.

I have the following questions, and I will be grateful if anyone could please help me here.

Do I need to appeal or send a fresh application?

Appeal
Can I appeal by adding the P60 which I didn't have at the time I had applied, but now I do, as a new tax year has started?

OR

Fresh Application
The letter says that I can do a fresh application and stay in the country as long as my current visa has not expired. My last/current visa expired on the 14 April 2009 (The Immigration office took almost 2 months in giving me the decision, and I was waiting all this while).

- Can I still stay in the UK and send another Application for Tier 1 (General) ?
- What will be the deadline for sending in another application?
- Will stating the Ref. number speed my application processing ?
- Do I need to pay the fees again?

I will be extremely grateful, if anyone could please help me here in what ever way possible.

Thanks in advance
PUCMAC

[yasa]

Hello,

On 05 March, 2009, I applied for Tier 1 (General). I have been awarded all the points that I have claimed in my form except for "Previous Earnings". I had claimed 15 points for my last 12 months.

I had supplied 2 sets of documents as evidence:
1) A letter from my employer stating I have drawn a salary of £X in the last 12 months.
2) 12 pay slips

I have been rejected on the grounds that both the evidence are from my employer, ie the same source.

I have the following questions, and I will be grateful if anyone could please help me here.

Do I need to appeal or send a fresh application?

Appeal
Can I appeal by adding the P60 which I didn't have at the time I had applied, but now I do, as a new tax year has started?

OR

Fresh Application
The letter says that I can do a fresh application and stay in the country as long as my current visa has not expired. My last/current visa expired on the 14 April 2009 (The Immigration office took almost 2 months in giving me the decision, and I was waiting all this while).

- Can I still stay in the UK and send another Application for Tier 1 (General) ?
- What will be the deadline for sending in another application?
- Will stating the Ref. number speed my application processing ?
- Do I need to pay the fees again?

I will be extremely grateful, if anyone could please help me here in what ever way possible.

Thanks in advance
PUCMAC

Dude first of all P60, EMPLOYER LETTER AND PAYSLIPS considered to be the same source....the other source would be your bank statement Clearly stated in Guidelines....

As your visa is expired u cannot send fresh application but can appeal... But from my point of view the chance of getting the appeal in your favor is low as this is totally your mistake by not sending the Bank statements...

U can go back and wait for three months to get your maintenance done and then apply...

Hope this helps

[yasa]

U need to pay the fees again... but check with the solicitor may be they can help u out..

[PUCMAC]

I have the maintenance funds with me. The only question is that whether I can straightaway send another (new) application while staying in the country, providing the additional evidence(s) - considering the fact that my visa expired on the 14th of Apr.

[VK82]

I have the maintenance funds with me. The only question is that whether I can straightaway send another (new) application while staying in the country, providing the additional evidence(s) - considering the fact that my visa expired on the 14th of Apr.

Unfortunately, you will have to make a new T1 application from your home country.

[ssoct98@hotmail.com]

LOOk mate u can apply again as P60 is tax document,its not considered as employers document.
yasa give advice on firm basis,nowhere in guidelines its written that p 60 considered as same,its been issued by employer but 1 copy sent to hmrc.

[PUCMAC]

I thought P60 is issued by the Tax Office, hence a non-employer document?

[ssoct98@hotmail.com]

yes u can show it in court as an evidence,no need to leave country,if u have valid p60,
Yasa have a look and infuture before advicing make sure u are right,as its important that one should provide proper advise.
Official tax document
Previous earnings

This page explains the requirements for the tax documents that you send to support your application to the highly skilled worker category (Tier 1 General) under the points-based system to work in the United Kingdom.

Full details of all requirements are in the immigration rules at paragraphs 245A-F of part 6A, and Appendix A, which you can find on the right of this page. You must read the policy guidance before you apply under this category. You can download the guidance and application form from the Applying section.

What the tax documents must show
We define tax documents as:

a document produced by a tax authority that shows details of declarable taxable income on which tax has been paid or will be paid in a tax year (for example a tax refund letter or tax demand);
a document produced by an employer as an official return to a tax authority, showing details of earnings on which tax has been paid in a tax year (for example, a P60 in the United Kingdom); or
a document produced by a person, business, or company as an official return to a tax authority, showing details of earnings on which tax has been paid or will be paid in a tax year. The document must have been approved, registered, or stamped by the tax authority (this is particularly relevant to some overseas tax systems, for example, SARAL in India).
However, while we have included tax documents in the list of acceptable documents, they will rarely be of use. This is because tax documents are usually produced at the end of a fixed tax period and will therefore not show the entire period for which you are claiming previous earnings unless they are for the exact period claimed. You should therefore be cautious about using these documents unless you are sure they show the exact amount of earnings for which you are claiming points.

[xpscapable]

No I'm pretty sure Yasa is correct. You |can not use payslips + P60 as they are considered coming from the same source.

See guidance note paragraph 139:

139. The applicant must provide at least two different types of supporting document for each source of earnings claimed. Each piece of supporting evidence must be from a separate source and support all the other evidence so that together they clearly prove the earnings claimed. For example: When providing documents for salaried employment, an applicant should not send payslips together with a P60, because we consider both of these documents to be from the same source.

[xpscapable]

I thought P60 is issued by the Tax Office, hence a non-employer document?

Not P60 is considered as the same source with the employer.

You really need to read the policy guidance before re-applying otherwise you're going to waste your money again.

[yasa]

yes u can show it in court as an evidence,no need to leave country,if u have valid p60,
Yasa have a look and infuture before advicing make sure u are right,as its important that one should provide proper advise.
Official tax document
Previous earnings

This page explains the requirements for the tax documents that you send to support your application to the highly skilled worker category (Tier 1 General) under the points-based system to work in the United Kingdom.

Full details of all requirements are in the immigration rules at paragraphs 245A-F of part 6A, and Appendix A, which you can find on the right of this page. You must read the policy guidance before you apply under this category. You can download the guidance and application form from the Applying section.

What the tax documents must show
We define tax documents as:

a document produced by a tax authority that shows details of declarable taxable income on which tax has been paid or will be paid in a tax year (for example a tax refund letter or tax demand);
a document produced by an employer as an official return to a tax authority, showing details of earnings on which tax has been paid in a tax year (for example, a P60 in the United Kingdom); or
a document produced by a person, business, or company as an official return to a tax authority, showing details of earnings on which tax has been paid or will be paid in a tax year. The document must have been approved, registered, or stamped by the tax authority (this is particularly relevant to some overseas tax systems, for example, SARAL in India).
However, while we have included tax documents in the list of acceptable documents, they will rarely be of use. This is because tax documents are usually produced at the end of a fixed tax period and will therefore not show the entire period for which you are claiming previous earnings unless they are for the exact period claimed. You should therefore be cautious about using these documents unless you are sure they show the exact amount of earnings for which you are claiming points.

Its enough of u mate

Page No 24…. Guidance Tier 1 (General)

39. The applicant must provide at least two different types of supporting document for each source of earnings claimed. Each piece of supporting evidence must be from a separate source and support all the other evidence so that together they clearly prove the earnings claimed. For example: When providing documents for salaried employment, an applicant should not send payslips together with a P60, because we consider both of these documents to be from the same source.

Hope this helps... still if u dont understand the guidance notes then its your problem mate.. READ the guidelines properly and then comment...

[yasa]

I thought P60 is issued by the Tax Office, hence a non-employer document?

Check the answer above still if u dont believe your eyes then go for the appeal.....U will end up loosing money....

[yasa]

No I'm pretty sure Yasa is correct. You |can not use payslips + P60 as they are considered coming from the same source.

See guidance note paragraph 139:

139. The applicant must provide at least two different types of supporting document for each source of earnings claimed. Each piece of supporting evidence must be from a separate source and support all the other evidence so that together they clearly prove the earnings claimed. For example: When providing documents for salaried employment, an applicant should not send payslips together with a P60, because we consider both of these documents to be from the same source.

I know iam correct buddy... thanks for that..

[PUCMAC]

Thanks guys for all the answers.

But the biggest problem I have is not whether P60 and pay slips are considered from the same source or not.
...but....
whether I can stay in the country and re-apply as my last visa expired on the 14th.

I know the rule is that one can only reapply if your current visa hasn't expired....but last year I had faced a similar situation ...and I was allowed to apply for a different category visa, as they took time in replying back.

[nangvil]

Pucmac,
U cannot submit a new application as your current leave has expired. This should be stated in your rejection letter issued by UKBA.

The options are:
(1) to leave the country and apply back home. This might take up to 6 weeks or more. This would also 'reset your clock' should you choose to apply for ILR in the future.

(2) Appeal to AIT (if u are given the choice in the decision letter).

Personally, I would appeal through AIT. Pending the appeal, you're allowed to carry on working.

Hope this helps.

[ssoct98@hotmail.com]

nothing personal,but i think yasa u havnt read guidelines which i posted here,read it again,otherwise call HO.Becuase its not my opinion its guidelines,so better give advise after reading that guidelines.

[xpscapable]

nothing personal,but i think yasa u havnt read guidelines which i posted here,read it again,otherwise call HO.Becuase its not my opinion its guidelines,so better give advise after reading that guidelines.

Huh what are you talking about? You're the one who should read the guideline before giving incorrect advice. People's life at stake here.

[push]

nothing personal,but i think yasa u havnt read guidelines which i posted here,read it again,otherwise call HO.Becuase its not my opinion its guidelines,so better give advise after reading that guidelines.

Opening para of Part 6A says:

245AA. Documentary evidence
(a) Where Part 6A or Appendices A to C, or E of these Rules state that specified documents must be provided, that means documents specified by the Secretary of State in the Points Based System Policy Guidance as being specified documents for the route under which the applicant is applying. If the specified documents are not provided, the applicant will not meet the requirement for which the specified documents are required as evidence.

And we all know what does the PBS Guidance says. P-60 is a valid evidence for earnings BUT not when used in conjunction with the pay slips as it is treated as being from the same source, per paras quoted above.

[yasa]

nothing personal,but i think yasa u havnt read guidelines which i posted here,read it again,otherwise call HO.Becuase its not my opinion its guidelines,so better give advise after reading that guidelines.

lol ...
U r genious mate i can't win and i really dont bother

[T_mahmood]

P60 is the source of employer. It cannot be used with payslips and letter from employer. I would suggest you that dont argue on wrong information. P60 IS THE SOURCE OF EMPLOYER NOT FROM HRMC.

nothing personal,but i think yasa u havnt read guidelines which i posted here,read it again,otherwise call HO.Becuase its not my opinion its guidelines,so better give advise after reading that guidelines.

[mvent00]

To PUCMAC: Would you please tell us why you can not prepare a bank statement?

[1971]

Hi,

The issue at hand is not if P60 is from employer but OP want to know if he can apply in-country as his visa has expired due to late HO's decision. I will suggest that you can try reapplying and include a a cover letter stating the reasons that you previous application was refused and it came after the expiry of your visa. But you want the HO to consider your application with some leniency and you would be glad if you are given consideration based on this. If you choose this option, it is at your own risk, it may work out for you. OR better still consult a good Solicitor for further advice. OR Go back to home country and reapply but mind you, it set back the clock of your ILR. I hope this helps.

Lastly, always read the guidance notes carefully when you want to apply for such things and if its not clear to you, verify from several sources to know what is required before submitting your application. Not always good to be at the HO's mercy in any circumstance.

I wish you well.

Cheers.
1971.