GOT REJECTED TIER 1 - General

[sajidmib]

Hi,

I applied on 18 Nov 2009, on assessing the ECO has mentioned, that the application is being rejected on the balance of probabilities, and that ECO is satisfied from my application according to immi rules 245c however, the in previous earnings i submitted 2 employers details, one was ok but the other had made a one-off payment with letter and the paycheque photocopy attached with the docs.

the cheque no. is also referenced in the bank statements provided, but the ECO refused in saying that " the letter you have provided from XXX company is unacceptable, because the payment is one-off and that there is no contact detailing the amount being paid inline to you."

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now that I had my case rejected on the basis for my second earnings in the same year. Along with my primary employer, I worked for a secondary employer who didn’t employ me (not on their payroll ) but I did a consultancy work for them and was paid one-off after 8 months, its wasn’t a pay monthly part-time job neither was this my usual business nor I have a business license to operate, So I had a letter from the company confirming my consultancy work and the amount paid to me and the paycheque copy submitted with application along with my bank statements covering the 12 month period.

They have rejected on the basis of probabilities and saying that the secondary employer letter is not accepted as they have paid you one-off and that there is no contact detailing the payments made in line to you, they wanted a managing agent letter.

What my argument is that the secondary employer paid me one off because he was not in a position at the time of financial crisis he was not having sufficient funds, and he agreed with me to be paid after the project work is completed which was for 8 months, and I couldn’t get the managing agent’s letter as there is no tax in this country for him to calculate gross / net payments into my account nor I have used any resources I was consultant that’s it.

How do I prepare this in an administrative review as I understand that I am not allowed to appeal as I am non-resident.

What I have done is composed a letter with points and reasons as what caused situations and that my earnings are not in the list of incomes which are not considered for PBS tier 1. I have legally and hard-earned this monies and have asked them to consider my case under extenuating circumstances as I wouldn’t be able to present the xxx company bank statements as mentioned in their checklist if a person is unable to submit a managing agent's letter, although my banks statements original are provided with the final one off payment paycheque by 2nd employer which is paid into my account and the cheque no. on the statement proves it to be paid into my account. what more probability do they want... it is a possibility and can be exceptionally considered, If i use a managing agent he would charge and i would loose the earnings earned in paying his fees... i.e. i will fall short of my earnings

Please help me, if this decision is uphold after my Administrative review is assessed, where do I apply for a Judicial Review. Also I have heard is if I mention in my letter about proceeding for Judicial Review they may overturn the decision for you, as they don’t want to incur the cost for treasury solicitor to represent HO for JR.

If there is a letter format to submit at BHC along with Admin review please forward me that as well so I can align the issues with reasons and humbly represent myself.

thanks
sajidmib

[sajidmib]

No one can help here i will try some other means then ... I guess i have given too much detail... thanks anywasy

[mvent00]

Make it simple.

If there was some problem with one of your earning proof, you must have provided a letter from that particular employer stating that issue AND providing that employer´s contact details with your application (in case ECO needs to verify it).

Please also note that providing contact details of each employer is an ESSENTIAL requirement for Tier 1 application. Now, in review or appeal, you can still do the same. I think it would be fine.

[sajidmib]

Make it simple.

If there was some problem with one of your earning proof, you must have provided a letter from that particular employer stating that issue AND providing that employer´s contact details with your application (in case ECO needs to verify it).

Please also note that providing contact details of each employer is an ESSENTIAL requirement for Tier 1 application. Now, in review or appeal, you can still do the same. I think it would be fine.

Well then in that case another letter from the employer should be given since the letter given contains the employer details already. should i give out a fresh letter stating the problem with employer. And what about the managing agent letter is it ok with reason stated above

[mvent00]

what more probability do they want... it is a possibility and can be exceptionally considered, If i use a managing agent he would charge and i would loose the earnings earned in paying his fees... i.e. i will fall short of my earnings

That should not be an issue.

You can claim for any consecutive 12 months within previous 15 months for "previous earnings" and for "maintenance funds" the bank letter/statement should be within one month before the date of application.

If you spend some money after getting these proofs and submit your application within one month, it should be fine.

[hsmp_aspi]

Hi

I had asked this in a previous post, but your post has again raised concerns for me. I was paid a lumpsum amount as bonus/bond payment by the employer, which was a part of the agreement that if i stayed with the organisation for X no of years, I would be paid the lumpsum amount.

Now, can this create problems in my case as well?

Thanks

[mvent00]

Hi

I had asked this in a previous post, but your post has again raised concerns for me. I was paid a lumpsum amount as bonus/bond payment by the employer, which was a part of the agreement that if i stayed with the organisation for X no of years, I would be paid the lumpsum amount.

Now, can this create problems in my case as well?

Thanks

No, your case was different. Your that earning was included in your payslip and your employer was obliged to do so because of agreement, which, as per Tier 1 guidance, can be claimed as "earnings".

[sajidmib]

Hi

I had asked this in a previous post, but your post has again raised concerns for me. I was paid a lumpsum amount as bonus/bond payment by the employer, which was a part of the agreement that if i stayed with the organisation for X no of years, I would be paid the lumpsum amount.

Now, can this create problems in my case as well?

Thanks

No, your case was different. Your that earning was included in your payslip and your employer was obliged to do so because of agreement, which, as per Tier 1 guidance, can be claimed as "earnings".

Mvent00,

my case if different, employer has not stated in letter that there was financial issue and we paid the amount lump sum, i myself wasn't aware that this would raise issue otherwise i would have asked the company to mention the issue with one-off payment, but now the concern is of managing agent as well.

the ECO has refused on the basis of managing agents letter, where the managing agent proves the amount is paid to me, but already copy of the paycheque was provided, which i deposited into my account and the bank statement also shows the exact amount it can be corroborated, why it is not probable for the ECO why he/she still needs managing agent's letter besides there is not TAX in GULF Countries... what will the managing agent say in his letter, that he is a witness who has seen the cheque paid to me... its already clear from the bank statement, company letter and photocopy of the cheque issued in my name, with the company name printed on the bank cheque...and the cheque no. referenced on the bank statement.

Do i speak sense here ....

[sajidmib]

I have only 5 days to submit my administrative review, I have included a cover letter which would explain the ECM about the situations of the 2 reasons that the ECO has pointed out.

1. Letter from2nd employer unacceptable, and the payment is one-off.
2. No contact detailing the payment made in line to you as per publishing guidance.

Managing agent's letter is need as and when Gross and Net calculations are needed, but the country i worked in is Gulf Country where we don't have tax system, so managing agents letter is pointless here plus paying him unnecessary charges. I need solution to these two arguments and how can I win the trust on ECM with these 2 issues by composing a letter. Shall i mention about going for Judicial review if the decision is not overturned will that piss ECM off. this is debatable.

[mvent00]

Mvent00,

my case if different, employer has not stated in letter that there was financial issue and we paid the amount lump sum, i myself wasn't aware that this would raise issue otherwise i would have asked the company to mention the issue with one-off payment, but now the concern is of managing agent as well.

the ECO has refused on the basis of managing agents letter, where the managing agent proves the amount is paid to me, but already copy of the paycheque was provided, which i deposited into my account and the bank statement also shows the exact amount it can be corroborated, why it is not probable for the ECO why he/she still needs managing agent's letter besides there is not TAX in GULF Countries... Because ECO will always follow the guidelines. In guidelines, there is nothing mentioned about sending a photocopy of cheque. You have to show a letter from accountant/managing agent. If you do not include this letter from your accountant/managing agent, your review will be rejected again. So, please be careful.

what will the managing agent say in his letter, that he is a witness who has seen the cheque paid to me... Yes, he will make an official and acceptable declaration for you, while you can not make your personal things official.

its already clear from the bank statement, company letter and photocopy of the cheque issued in my name, with the company name printed on the bank cheque...and the cheque no. referenced on the bank statement. Ask your managing agent/accountant to include these details in that letter/declaration.

Do i speak sense here ....

[mvent00]

Please see the above post.

I have only 5 days to submit my administrative review, I have included a cover letter which would explain the ECM about the situations of the 2 reasons that the ECO has pointed out.

1. Letter from2nd employer unacceptable, and the payment is one-off.
2. No contact detailing the payment made in line to you as per publishing guidance.

Managing agent's letter is need as and when Gross and Net calculations are needed, but the country i worked in is Gulf Country where we don't have tax system, so managing agents letter is pointless here plus paying him unnecessary charges. I need solution to these two arguments and how can I win the trust on ECM with these 2 issues by composing a letter. Shall i mention about going for Judicial review if the decision is not overturned will that piss ECM off. this is debatable.

[sajidmib]

Please see the above post.

I have only 5 days to submit my administrative review, I have included a cover letter which would explain the ECM about the situations of the 2 reasons that the ECO has pointed out.

1. Letter from2nd employer unacceptable, and the payment is one-off.
2. No contact detailing the payment made in line to you as per publishing guidance.

Managing agent's letter is need as and when Gross and Net calculations are needed, but the country i worked in is Gulf Country where we don't have tax system, so managing agents letter is pointless here plus paying him unnecessary charges. I need solution to these two arguments and how can I win the trust on ECM with these 2 issues by composing a letter. Shall i mention about going for Judicial review if the decision is not overturned will that piss ECM off. this is debatable.

can i submit this additional document, wouldn't they say that this was not in the initial application, will this work if i provide a managing agent letter would that do the needful. I mean in the AR they do not accept additional document.

Thanks for the support just final query from here on i will goto the managing agent and attach it along with AR, and a cover letter

thanks

[sajidmib]

Seniors and Admins

Please help me with this, I have already mail the managing agent hopefully i will prepare a letter, but what about the guidelines that say no additional doc with AR or the reason that could justify it.

Thanks

[republique]

Seniors and Admins

Please help me with this, I have already mail the managing agent hopefully i will prepare a letter, but what about the guidelines that say no additional doc with AR or the reason that could justify it.

Thanks

Frankly your problem is not that you could not line up the info, the problem is that it is one time payment, not your regular income. You would have to establish that the one off payment is consistent in amount with prior one off consulting activity in a historical fashion.

[sajidmib]

Seniors and Admins

Please help me with this, I have already mail the managing agent hopefully i will prepare a letter, but what about the guidelines that say no additional doc with AR or the reason that could justify it.

Thanks

Frankly your problem is not that you could not line up the info, the problem is that it is one time payment, not your regular income. You would have to establish that the one off payment is consistent in amount with prior one off consulting activity in a historical fashion.

Thanks republique,

But as I said I ave worked for 2 Employers one is regular salaried, This is the 2nd Employer who could not pay in monthly fashion due to insufficient funds with them at the time of financial crisis in March 2009 so agreement done that the payment will be one off in NOV 09 which is done. and I have received amount as one-off lump sum as monthly they could not pay.

Now if i make a letter that the amount is paid although it is lump sum but are my earning of a professional work it was Freelance and got paid for it.

Thanks

[republique]

Seniors and Admins

Please help me with this, I have already mail the managing agent hopefully i will prepare a letter, but what about the guidelines that say no additional doc with AR or the reason that could justify it.

Thanks

Frankly your problem is not that you could not line up the info, the problem is that it is one time payment, not your regular income. You would have to establish that the one off payment is consistent in amount with prior one off consulting activity in a historical fashion.

Thanks republique,

But as I said I ave worked for 2 Employers one is regular salaried, This is the 2nd Employer who could not pay in monthly fashion due to insufficient funds with them at the time of financial crisis in March 2009 so agreement done that the payment will be one off in NOV 09 which is done. and I have received amount as one-off lump sum as monthly they could not pay.

Now if i make a letter that the amount is paid although it is lump sum but are my earning of a professional work it was Freelance and got paid for it.

Thanks

Your explanation still does not address my point

[sajidmib]

Seniors and Admins

Please help me with this, I have already mail the managing agent hopefully i will prepare a letter, but what about the guidelines that say no additional doc with AR or the reason that could justify it.

Thanks

Frankly your problem is not that you could not line up the info, the problem is that it is one time payment, not your regular income. You would have to establish that the one off payment is consistent in amount with prior one off consulting activity in a historical fashion.

Thanks republique,

But as I said I ave worked for 2 Employers one is regular salaried, This is the 2nd Employer who could not pay in monthly fashion due to insufficient funds with them at the time of financial crisis in March 2009 so agreement done that the payment will be one off in NOV 09 which is done. and I have received amount as one-off lump sum as monthly they could not pay.

Now if i make a letter that the amount is paid although it is lump sum but are my earning of a professional work it was Freelance and got paid for it.

Thanks

Your explanation still does not address my point

you mean to say i shall mention as monthly installments ( divide the whole amount into 8 months) and make it finally paid to me.

is that i should mention, then i need a new letter frm the company, stating all monthly payments, which are not paid but a lump sum at the end of contract.

MY question is if i get a letter from managing accountant can i submit it with AR or it is too late to do that, as mvent00 says that it shud not be a problem.

Thanks

[sajidmib]

Please if you can elaborate this point "You would have to establish that the one off payment is consistent in amount with prior one off consulting activity in a historical fashion"

thanks

[mvent00]

Please if you can elaborate this point "You would have to establish that the one off payment is consistent in amount with prior one off consulting activity in a historical fashion"

thanks

Letter from your managing agent/accountant is what they require to establish everything about that salary, in "historical fashion". You have to submit this letter. You do not hesitate to submit it just because you think that it might be considered as an additional information, which you can not submit with AR. No, No, No, in my point of view, this (Letter from your managing agent/accountant) is what they are asking and without submitting it you will again have a straightforward rejection.

[sajidmib]

Please if you can elaborate this point "You would have to establish that the one off payment is consistent in amount with prior one off consulting activity in a historical fashion"

thanks

Letter from your managing agent/accountant is what they require to establish everything about that salary, in "historical fashion". You have to submit this letter. You do not hesitate to submit it just because you think that it might be considered as an additional information, which you can not submit with AR. No, No, No, in my point of view, this (Letter from your managing agent/accountant) is what they are asking and without submitting it you will again have a straightforward rejection.

Thanks a lot mvent00, i can get this letter from the company chief accountant will that suffice, and by historical fashion u mean i have to divide it as monthly installment although i m paid one-off.

Also if u could help me with a fair idea of how the letter should be wht info in what way should be included so i can ask the company to arrange it. you know company here are not that systematic everything has to be said and made done from them.

thanks once again

[sajidmib]

you mean to say they should show all the payments for the past 8 months with gross and net pay, and at the end total the amount, and paid one-off.

just like is the post below

http://www.immigrationboards.com/viewtopic.php?t=46010

the company letter mentioned by chetanojha.

do the company need to mention y not paid monthly rather paying one-off.

Thanks

[ChetanOjha]

you mean to say they should show all the payments for the past 8 months with gross and net pay, and at the end total the amount, and paid one-off.

just like is the post below

http://www.immigrationboards.com/viewtopic.php?t=46010

the company letter mentioned by chetanojha.

do the company need to mention y not paid monthly rather paying one-off.

Thanks

Yes. Your letter should show all gross-net and one-off payments. This details can than be corroborated from your bank statement. If your company can write one-off payment details in letter that would be great as it will explain the reason of one-off payment. Should be fine I guess.

[sajidmib]

no the details of one-off payment are not mentioned is a sense that the reason of one-off payment like i said was financial downturn where the company could not get funds from investors and couldnt in turn pay me.

But they have mentioned the monthly proposed salary that i was suppose to get like the table in your letter

month gross amount and net, but have said that net amount was paid to me thru company check no. XXXX in the letter, and the chief accountant have mentioned if you need further details please do not hesitate to contact me.

guess that will suffice.

[mvent00]

no the details of one-off payment are not mentioned is a sense that the reason of one-off payment like i said was financial downturn where the company could not get funds from investors and couldnt in turn pay me.

But they have mentioned the monthly proposed salary that i was suppose to get like the table in your letter

month gross amount and net, but have said that net amount was paid to me thru company check no. XXXX in the letter, and the chief accountant have mentioned if you need further details please do not hesitate to contact me.

guess that will suffice. YES

[Sushil-ACCA]

Please if you can elaborate this point "You would have to establish that the one off payment is consistent in amount with prior one off consulting activity in a historical fashion"

thanks

Letter from your managing agent/accountant is what they require to establish everything about that salary, in "historical fashion". You have to submit this letter. You do not hesitate to submit it just because you think that it might be considered as an additional information, which you can not submit with AR. No, No, No, in my point of view, this (Letter from your managing agent/accountant) is what they are asking and without submitting it you will again have a straightforward rejection.

Thanks a lot mvent00, i can get this letter from the company chief

accountant will that suffice, and by historical fashion u mean i have to divide it as monthly installment although i m paid one-off.

U NEED TO follow self employed rules


Also if u could help me with a fair idea of how the letter should be wht info in what way should be included so i can ask the company to arrange it. you know company here are not that systematic everything has to be said and made done from them.

thanks once again