Tier 1 Extension rejected - proof of previous earnings

inna · Post by **inna** » Tue May 12, 2009 11:06 am

I just received my documents back on my HSMP to Tier 1 Extension, but unfortunately it has been rejected as I 'failed to provide the relevant documents for Previous Earnings'.

I submitted 12 x payslips and a letter from my employer, but didn't realise on my initial application that the 2 forms of proof had to be from 'separate sources'.

They have given me all the documentation on how to appeal, so I assume it is possible that I can appeal? (with no additional costs?) I was given my latest P60 just a week or so ago, so I could definitely supply that now - which would corroborate with the payslips.

Any help appreciated!

drjabberwocky23 · Post by **drjabberwocky23** » Tue May 12, 2009 11:16 am

My understanding is that you cannot submit "new" information during an appeal (though I'm sure that others who have more knowledge than me may say otherwise). If that is the case, then the appeal will be unsuccessful as they will not take your P60 into consideration and will say that it is your fault for not reading the guidance.

However, I do hope that common sesnse will prevail and that they do accept new evidence. Rather than risk the dates on your P60, could you not submit bank statements instead?

Also I have heard some on here criticise the P60 as it could be seen as evidence from the employer again.

gotcha · Post by **gotcha** » Tue May 12, 2009 11:17 am

inna wrote:I just received my documents back on my HSMP to Tier 1 Extension, but unfortunately it has been rejected as I 'failed to provide the relevant documents for Previous Earnings'.

I submitted 12 x payslips and a letter from my employer, but didn't realise on my initial application that the 2 forms of proof had to be from 'separate sources'.

They have given me all the documentation on how to appeal, so I assume it is possible that I can appeal? (with no additional costs?) I was given my latest P60 just a week or so ago, so I could definitely supply that now - which would corroborate with the payslips.

Any help appreciated!

Is there any reason, you haven't provided bank statement. Unfortunately, appeal does not allow to submit new docs, and in your case P60 is again from your employer, and not from different sournce, I'm afraid.

inna · Post by **inna** » Tue May 12, 2009 11:42 am

I could provide the 12 months of bank statements now - I didn't do originally as I thought 12 months of paperwork was a bit excessive when I could prove from the other options.

It is very unclear on the application form - I don't understand why 'Payslips' and 'Letter from your Employer' aren't under the same tickbox.. if they are only valid as one option, why not make them one option!

So it is really true that I can't provide any 'new' documents?

yasa · Post by **yasa** » Tue May 12, 2009 12:52 pm

inna wrote:I could provide the 12 months of bank statements now - I didn't do originally as I thought 12 months of paperwork was a bit excessive when I could prove from the other options.

It is very unclear on the application form - I don't understand why 'Payslips' and 'Letter from your Employer' aren't under the same tickbox.. if they are only valid as one option, why not make them one option!

So it is really true that I can't provide any 'new' documents?

Sorry to hear that but anyway u have to provide bank statements as P60 is considered to be the same source as your payslips and employer letter...

inna · Post by **inna** » Tue May 12, 2009 12:56 pm

Thanks for the info.

I don't understand why the application form has separate boxes for 'Payslips', 'Letter from employer' and 'P60' if they are all considered the one form of proof?

Is there any chance that the Home Office will accept 12 months of bank statements for my appeal? It is not like I am trying to hide any information, it was simply a misinterpretation of the application form.

confusedhsmp · Post by **confusedhsmp** » Tue May 12, 2009 2:17 pm

HI,

You can submit new evidence at the appeal. Dont worry it should be ok. I have helped a lot of my Friend's friend's friends in such cases. All sucessfull.

You dont need a solicitor if you are confident of being able to handle it.

Best of Luck

Source: I work in a law firm.

inna · Post by **inna** » Tue May 12, 2009 2:57 pm

confusedhsmp wrote:HI,

You can submit new evidence at the appeal. Dont worry it should be ok. I have helped a lot of my Friend's friend's friends in such cases. All sucessfull.

You dont need a solicitor if you are confident of being able to handle it.

Best of Luck

Source: I work in a law firm.

That is great news - thanks!

inna · Post by **inna** » Tue May 12, 2009 3:24 pm

I just called the Home Office - the guy basically said it was my fault for not supplying the extra information. He said I could send in the appeal with the new documentation, but he is unsure if they will allow anything that wasn't originally submitted.

He also said a P60 is the same source as payslips or a letter from an employer - so 3 of the tick boxes on the page are actually all the same source. Appealing 'because I didn't understand the form' may not be a valid reason for appealing.

The main suggestion of his was to 'seek legal advice' - a fresh application would mean paying the fees again and leaving the country.

T_mahmood · Post by **T_mahmood** » Tue May 12, 2009 5:16 pm

Hi

sorry to hear about your rejection.

You should have submitted bankstatments for entire claimed period as 2nd source.

Anyway, you can submitt new eveidence that are related to your this particular case. P60 is the source of employer. So go ahead with appeal but keep in mind that total process of apeal, success and passport request is about 5-8 months.
Hope this helps.

inna · Post by **inna** » Tue May 12, 2009 5:21 pm

T_mahmood wrote:Hi

sorry to hear about your rejection.

You should have submitted bankstatments for entire claimed period as 2nd source.

Anyway, you can submitt new eveidence that are related to your this particular case. P60 is the source of employer. So go ahead with appeal but keep in mind that total process of apeal, success and passport request is about 5-8 months.
Hope this helps.

Thanks for the info - I definitely realise now that I needed to submit the 12 months worth of bank statements.

So if I submit an appeal, can I continue to work and live in the UK for the 5-8 months it will take? Is there any reason why it takes so long?

inna · Post by **inna** » Wed May 13, 2009 10:44 am

I've called a few people that specialise in appeals - they have said it takes 'up to 3 months' - but the worst bit is the general charge seems to be Â£800-1200!

confusedhsmp · Post by **confusedhsmp** » Wed May 13, 2009 11:49 am

Well. Hopefully what is going to happen is that the judge will dismiss your appeal under immigration rules but request the Home office to reconsider their decision in light of new evidence. Usually the HO complies with it.

Well you got to pay for Solicitors fee. I think 800 is reasonable in your case. Atleast you know its being handled properly.

ANd yes you can work as long as you appeal within time.

inna · Post by **inna** » Wed May 13, 2009 11:51 am

I can understand they need to be paid well - especially for complex immigration cases.. I just thought my situation was fairly simple as it is just to show 1 piece of evidence that correlates with my previous submission.

Â£1200+VAT seems excessive.

inna · Post by **inna** » Wed May 13, 2009 12:32 pm

The best news I've had was when I just called the Home Office and they gave me a number for the Appeals section (not sure why no one at HO gave me this number before?).

The guy there said you can send in any documents you feel help your case, whether they were submitted originally or not - which is what I would imagine would be allowed in any kind of fair system. The guy also said that the appeal itself supposedly takes 2-3 months, no matter how simple or complex the case is.

He said you have the choice of a 'paper case' (simply someone checking the documents you submit) or a 'judge case' (showing and talking about your case in a court).

inna · Post by **inna** » Wed May 13, 2009 3:40 pm

I've been speaking to a few more solicitors that deal with appeals - to quote one directly: 'anyone that thinks you cannot take new evidence to an appeal has clearly never been to an appeal before'.

He mentioned that it is a rule that the government are looking to enforce in the future, but it is not official right now and may have a lot of trouble being introduced as it has so many implications.

miki · Post by **miki** » Thu Jun 04, 2009 9:55 pm

Inna,

Are there any further updates on your case ?

Good luck.

fahadz1 · Post by **fahadz1** » Sat Jun 06, 2009 12:45 am

is ur LTR end or its remaining.
can u apply fresh application even if ur LTR is finish ?
please reply me what r u doing for it.

regards

t1xtn · Post by **t1xtn** » Sun Jun 14, 2009 12:31 am

Hello inna,
May you share us , your Appeal progress/status ?
Thread is quite interesting , doing such mistake among us.
I am also being refused for t1-extn as i submitted P60 + salary slips , considered to be single source info.
I had filed appeal , waiting for hearing , where i will submit my bank statement as other proof.
Pls. keep posted update.

Edo · Post by **Edo** » Sun Jun 14, 2009 10:05 am

inna wrote:The best news I've had was when I just called the Home Office and they gave me a number for the Appeals section (not sure why no one at HO gave me this number before?).

The guy there said you can send in any documents you feel help your case, whether they were submitted originally or not - which is what I would imagine would be allowed in any kind of fair system. The guy also said that the appeal itself supposedly takes 2-3 months, no matter how simple or complex the case is.

He said you have the choice of a 'paper case' (simply someone checking the documents you submit) or a 'judge case' (showing and talking about your case in a court).

Can you tell us what number did they give you for appeals

inna · Post by **inna** » Tue Jun 30, 2009 10:53 am

Update: I got my appeal approved - the judge basically said 'I see the only problem was you misunderstood the earnings sources and now you've supplied the bank statements in your bundle.. you are approved'.

It was all unbelievably quick - probably a minute all up. The judges must get quite annoyed that their time is wasted with cases like this when the Home Office could easily avoid this by being a little more helpful and compassionate.

The best tips I can give anyone from this experience is:
- Always send your bank statements for the previous earnings. There is really no other option as so many of the other options are from the same sources (i.e. letter from employer, payslips, P60).
- If you do get rejected, you CAN provide new evidence. There seems to be so many differing opinions on this (whether it be the Home Office helpline or lawyers/solicitors).. but there is no doubt you can provide documents that weren't with the original application.
- Get professional advice: although it is expensive, it is worth it are paying for their experience and knowledge in an area of law that seems quite ambiguous.

Edo: Appeals section number was 0845 600 0877 (be careful as I called twice and was given completely different information)
fahadz1: By the time I got my visa rejected, it had expired.. so I would have to re-apply under the new rules (i.e. masters degree)

thomasn · Post by **thomasn** » Fri Jul 10, 2009 12:12 pm

Hi Inna could you kindly tell me how you went about this. you can contact me on email : hidpaul@yahoo.co.uk.

I have similar problem and my case is scheduled for 29th July, I urgently need to hear from you. which appeal centre was your appeal heard, did you have a solicitor.

What about the witness statement. Please come to me and advise.

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Tier 1 Extension rejected - proof of previous earnings

Tier 1 Extension rejected - proof of previous earnings

Re: Tier 1 Extension rejected - proof of previous earnings

Any further updates ?

Re: Tier 1 Extension rejected - proof of previous earnings

inna