Archived UK Tier 1 (General) points system forum. This route no longer exists.
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Interpid
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by Interpid » Tue Oct 13, 2009 9:44 pm
Hi all,
I am from NZ and have been in the UK on the HSMP for the past 2 years. I sent my application for extension in a day before my current visa expired and nearly 2 months later got a letter saying it had been rejected because I did not get awarded points for previous earnings or UK experience. The reason for this is because I sent in payslips and a P45 (I only worked half the year as lost my job but still earnt over £26k in the time). I thought that since the P45 was on tax letterhead it was an official tax document but since have learnt it is issued by your employeer.
I am only a month into a new job and am very distraught that I have been turned down and am unable to stay. I am appealing based on misunderstanding the documents and what is classed as a tax document but have opted for a paper review as was advised it might look more favourable rather than waste a judges time and cost tax payers money in court time.
If my appeal is rejected, does anyone know if I can resubmit and if so, can I just do it from Ireland or something or would I have to go back to NZ?
Any information would be very much appreciated.
Cheers
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Leo_1977
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by Leo_1977 » Tue Oct 13, 2009 10:02 pm
Both payslip and P45 have you tax code and pay roll number on them.
I find it very bizare to reject your application based on this.
Is very easy for them to confirm it anyway. Only takes a phone call to tax office.
I don't know if you need to get back to NZ after your apeal is rejected. However for most people that's the case i'm afraid. They need to go back and re-apply.
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meats
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by meats » Tue Oct 13, 2009 10:11 pm
Leo_1977 wrote:Both payslip and P45 have you tax code and pay roll number on them.
I find it very bizare to reject your application based on this.
Is very easy for them to confirm it anyway. Only takes a phone call to tax office.
I don't know if you need to get back to NZ after your apeal is rejected. However for most people that's the case i'm afraid. They need to go back and re-apply.
They're effectively the same thing, supply a bank statement which shows the money going to your account.
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myegin11
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by myegin11 » Wed Oct 14, 2009 10:23 am
Assuming these are the only two documents you have sent for proving your previous earnings, it seems the refusal was based on the fact that you have not provided evidence from two different sources which is mandatory.
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mvent00
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by mvent00 » Wed Oct 14, 2009 10:47 am
Did they give you right to appeal? If yes, you can explain in cover letter and send the second source proof (bank statements; please check that the entries in statements match exactly with your payslips) this time.
They have mentioned that during appeal you should not submit any new evidence, but I saw couple of guys on the forum, who provided additional documents in support of their originally submitted documents and were successful. You can also do the same. Good luck!
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Jayceesh
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by Jayceesh » Wed Oct 14, 2009 11:22 am
As mvent has already adviced, there is a way to appeal your case... as long as the evidences (for instance a bank statement that shows net salary being paid into it) EXISTED on the day you applied for your extension even if you did not send it along with your original extension application
What you need to do is attach a well documented Witness Statement along with all the necessary documents and go for your appeal.
Wish you all the best
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innocentdevil
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by innocentdevil » Wed Oct 14, 2009 12:12 pm
as per details you have listed, it looks like you haven't provided enough evidence. i.e: bank statements showing salary deposits and pay slip hence the rejection. submit again with all the required docs
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Interpid
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by Interpid » Wed Oct 14, 2009 8:58 pm
Thanks for the help all. I have appealed but was rushed as I didnt actually receive the declined letter from them until the day the appeal was due in. I got a copy of a track and trace from the courier to show that it was out of my control and when I actually received it.
I went to HSBC and got statements covering the period printed out and sent them in with my appeal explaining everything.
I am waiting to hear back now, but have received a missed courier slip today which is from the Home Office. They have had my appeal less than a week, so nervous it is not going to be good news. Will keep you updated.
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mvent00
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by mvent00 » Wed Oct 14, 2009 9:27 pm
Wish you all the best. It is always better to keep exact information about visa process, discuss it, and plan it well before time, to avoid any mishaps. I remember one quote written in our university, "Stupid questions make more sense than stupid mistakes!!"
Interpid wrote:Thanks for the help all. I have appealed but was rushed as I didnt actually receive the declined letter from them until the day the appeal was due in. I got a copy of a track and trace from the courier to show that it was out of my control and when I actually received it.
I went to HSBC and got statements covering the period printed out and sent them in with my appeal explaining everything.
I am waiting to hear back now, but have received a missed courier slip today which is from the Home Office. They have had my appeal less than a week, so nervous it is not going to be good news. Will keep you updated.
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mrneo
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by mrneo » Thu Oct 15, 2009 5:48 pm
I hope you will get a very good news. good luck with that...
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saratbabu07
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by saratbabu07 » Tue Nov 17, 2009 1:28 pm
How did your appeal go? I hope your appeal was accepted.
Thanks for the help all. I have appealed but was rushed as I didnt actually receive the declined letter from them until the day the appeal was due in. I got a copy of a track and trace from the courier to show that it was out of my control and when I actually received it.
I went to HSBC and got statements covering the period printed out and sent them in with my appeal explaining everything.
I am waiting to hear back now, but have received a missed courier slip today which is from the Home Office. They have had my appeal less than a week, so nervous it is not going to be good news. Will keep you updated.
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Interpid
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by Interpid » Wed Jan 06, 2010 3:33 pm
I am still waiting on a reply from the Home Office, so am getting a bit nervous. Early Decemeber they sent me a copy of tall the paper work that has been passed on to the appeal hearing, but I am still waiting to hear anything. Fingers crossed!