Tier1 refused Reduced Points

[khurramrafiq]

Hi

This is for my friend. Who applied for Tier1 visa on 1st April with his employment and self employment detail. He claimed for 35 points based on his 33700, but he been granted points for salary (31000).

Here is the reason.

Reason they took off some of 5 weeks salary where it didn't correlate to bank statement ( that was my friend typo as he rushed to apply before the new rules).

Here is the evidence provided.
Bank statement
Employeer Salary statement on paper (that's where the typo occur)
P45

I beleive P45 isn't considered, because if they cross verify the amount with P45 then he should have be ok and get the required points.

Now here is my question.

He is not given appeal right as her already got Tier1 (Post study), so do he stand a chance in Judicial review?

Any expert advise?

Thanks

[Vitavi]

How come the amount on your friend's payslips didn't correlate to the payments received in the bank statements?

If your friend earned over £32,000 but it hasn't been paid over to him in full, then the HO was right in refusing his application. Otherwise, how on earth the HO can be sure that he has actually arned that amount?

P45 is not itself sufficient as proof of income, the bank statements need to show the exact total amount paid.

[khurramrafiq]

As I said it was typo, it is exactly right amount paid into bank account. Due to his negligence it happened, hence he is worried now because he salary is real and taxes he had payed in real. just his silly mistake in Excel as typo made that kiosk.. I know HO try to correlate with bank statement and where it didn't find matching one, they ignored those and assuming that P45 never looked.

based on above facts, does he stands a chance in Judicial review provided he can get a letter from employer that it was type and also he has p45 which reflect the total amount in salary sheet is reflected in P45 document?

Any senior advice also please?

Thanks

[khurramrafiq]

Any feedbacks from senior please?
Thanks