NEED URGENT HELP OF TIER 1 VISA REFUSA

[hrmn]

hrmn, please post the content of the refusal letter - in particular, the part that explains the reasons for refusal and the section(s) that you have been refused under.

320(7A) refusals must not be taken lightly, so unless one knows in detail why you have been refused it is difficult to suggest further course of action.

regards

Guys below is the REFUSAL reason of my application


“In support of your application you have provided June’s payslip from SEASIA Consulting. This payslip is relevant to your application. However in view of the reasons detailed in the Document Verification Report held on file , I am satisfied that this document is not genuine because you left your employment in June and although your salary was paid into your account the payslip in question was not issued by your employer. I am satisfied that you have made FLASE representations and submitted a false document in support of your application As FALSE documents has been submitted in relation to your Application , it is REFUSED under Paragrarp 320(7a) of the Immigration Rules. Any Future applications will also be automatically refused, for the same reason , under Paragraph 320 (7B) of the UK Immigration Rules HC395 ( as amended) until 03/12/2020 unless a concession applies.

This fact has damaged the credibility of your overall application, I therefore refuse your application under paragraph 245C of the Immigration Rules.

ECO Comment :
I am satisfied that this requirement of the published guidance is not applicable to your application.

Given the above , I refused your visa application on this occasion because I am not satisfied that you meet all the requirement of paragraph 245C of the Immigration Rules.â€

[geriatrix]

I am satisfied that this document is not genuine because you left your employment in June and although your salary was paid into your account the payslip in question was not issued by your employer.

It appears that there was an attempt made to verify your June salary from the employer and a satisfactory response was not received. You can observe that they are not questioning the fact whether you received salary from the employer or not, but questioning the authenticity of the payslip. The fact they have issued a Document Verification Report (example) means that checks were carried out and they have evidence, which they believe is sufficient, to charge of the offence stated.

It was a mistake submitting scanned / photocopied salary slip, when the policy guidance clearly states that all documentary evidence(s) must be original.

AR may not be of any use, since you have not been refused on points criteria, but refused for false representation / deception / submitting fake documents.

Is it possible for you to get a letter from the employer to state that the June payslip that you submitted was a true copy of the original that they (employer) had issued to you at the time? If not, it may be difficult for you to disprove charges of deception / false representation / use of fake documents.

Any new application will be automatically refused under 320(7B).

See also RFL4.3 What is a false representation? and RFL4.4 What is a false document?

Also, deception carries a 10 year ban, so it is imperative that you disprove the charges levelled against you. Consider seeking professional legal assistance.


regards

[hrmn]

I am satisfied that this document is not genuine because you left your employment in June and although your salary was paid into your account the payslip in question was not issued by your employer.

It appears that there was an attempt made to verify your June salary from the employer and a satisfactory response was not received. You can observe that they are not questioning the fact whether you received salary from the employer or not, but questioning the authenticity of the payslip. It was a mistake submitting scanned / photocopied salary slip, when the policy guidance clearly states that all documentary evidence(s) must be original.

AR may not be of any use, since you have not been refused on points criteria, but refused for false representation / deception / submitting fake documents.

ya tht's the thing...........my prev employer did this...........i left the company without serving notice...........got the original slip scanned it..........some how lost the original one.............submit the scanned...........now just wonder wht details should i put in the admin review for this..........can i ask them to re-submit the app............

ya the employer has done this........i left the company without serving notice period and now they will not reissue again i believe.......i got the original scanned it ....i lost the original one some how...........so i will try once for Admin review just wonder what details should i put..........

[geriatrix]

You need to disprove the deception charges. That's what your immediate priority must be. And you may not be able to do so without the employer's assistance.

How you disprove the charges is for you to determine, as only you know what the facts are.

With administrative review one is not allowed to submit any additional / new documents. In your case, you may be unable to prove your innocence without additional / new documents. Therefore, IMHO, administrative review may not help in your case.

regards

[hrmn]

You need to disprove the deception charges. That's what your immediate priority must be. And you may not be able to do so without the employer's assistance.

How you disprove the charges is for you to determine, as only you know what the facts are.

With administrative review one is not allowed to submit any additional / new documents. In your case, you may be unable to prove your innocence without additional / new documents. Therefore, IMHO, administrative review may not help in your case.

regards

I just wonder what details should i put for Admin review.........can i represent it as the miss-communication among prev employer HR......

[silverline]

Sometime i feel that primary threshold to be a Home office case worker is nothing but to be pefect nut. This is ludicrous.....

[kutlee]

It looks like case of false document here. Even if you qualify without the june payment, since you have not submitted the originals as per the guideline, ECO can reject this since the rules state that any attempt to produce false document can cause the visa to be denied. Since you have accepted that it is a scanned document (and i assume that you are not going to correct that assumption in the AR), there is very less chance and the decision might be overturned. Good luck!

[hrmn]

It looks like case of false document here. Even if you qualify without the june payment, since you have not submitted the originals as per the guideline, ECO can reject this since the rules state that any attempt to produce false document can cause the visa to be denied. Since you have accepted that it is a scanned document (and i assume that you are not going to correct that assumption in the AR), there is very less chance and the decision might be overturned. Good luck!

ya bro.........i also wish the same. I believe a FALSE document represent details of the things which we don’t have/possess with us.
Since the ECO can see the salary credit to my account so there is no way this can be a False document i will mention in the AR that i submit a scanned copy of the slip.............Just one salary slip i submit scanned copy.......

[gordon]

ya bro.........i also wish the same. I believe a FALSE document represent details of the things which we don’t have/possess with us.
Since the ECO can see the salary credit to my account so there is no way this can be a False document i will mention in the AR that i submit a scanned copy of the slip.............Just one salary slip i submit scanned copy.......

To disprove the employer's claim that the June payslip was not issued, you need to find the original June payslip issued by the employer. But rather than suggesting (erroneously) that copies are intrinsically considered false documents, you should read very closely what they wrote: the employer has denied issuing the payslip for which you submitted a 'scanned' copy. That's where you went from a possible standard refusal (on the basis of non-original documents) to a categorical refusal on the basis of deception. After all, how is it possible that you scanned a payslip that, according to the employer, never was never issued to you ?

I think a related, substantive issue is that if you were paid in June (salary deposited into your bank account) but left your employment in that same period, then you would need to answer the question of whether the salary that you were paid was actually fully due to you, given that you (a) left your employment and (b) did not serve the notice period.

In my experience, employers sometimes don't or can't always remove employees from payroll in time before the salary payments are processed, which results in already departed employees receiving salary payments not technically due to them (in part or in whole). So the fact that a salary credit showed up in your bank account is not, in itself, evidence that you properly earned the money you received.

[gordon]

ya bro.........i also wish the same. I believe a FALSE document represent details of the things which we don’t have/possess with us.
Since the ECO can see the salary credit to my account so there is no way this can be a False document i will mention in the AR that i submit a scanned copy of the slip.............Just one salary slip i submit scanned copy.......

To disprove the employer's claim that the June payslip was not issued, you need to find the original June payslip issued by the employer. But rather than suggesting (erroneously) that copies are intrinsically considered false documents, you should read very closely what they wrote: the employer has denied issuing the payslip for which you submitted a 'scanned' copy. That where you went from a possible standard refusal (on the basis of non-original documents) to a categorical refusal on the basis of deception. After all, how is it possible that you scanned a payslip that, according to the employer, never was never issued to you ?

I think a related, substantive issue is that if you were paid in June (salary deposited into your bank account) but left your employment in that same period, then you would need to answer the question of whether the salary that you were paid was actually fully due to you, given that you (a) left your employment and (b) did not serve the notice period.

In my experience, employers sometimes don't or can't always remove employees from payroll in time before the salary payments are processed, which results in already departed employees receiving salary payments not technically due to them (in part or in whole). So the fact that a salary credit showed up in your bank account is not, in itself, evidence that you properly earned the money you received.

[mtuckersa]

ya bro.........i also wish the same. I believe a FALSE document represent details of the things which we don’t have/possess with us.
Since the ECO can see the salary credit to my account so there is no way this can be a False document i will mention in the AR that i submit a scanned copy of the slip.............Just one salary slip i submit scanned copy.......

To disprove the employer's claim that the June payslip was not issued, you need to find the original June payslip issued by the employer. But rather than suggesting (erroneously) that copies are intrinsically considered false documents, you should read very closely what they wrote: the employer has denied issuing the payslip for which you submitted a 'scanned' copy. That where you went from a possible standard refusal (on the basis of non-original documents) to a categorical refusal on the basis of deception. After all, how is it possible that you scanned a payslip that, according to the employer, never was never issued to you ?

I think a related, substantive issue is that if you were paid in June (salary deposited into your bank account) but left your employment in that same period, then you would need to answer the question of whether the salary that you were paid was actually fully due to you, given that you (a) left your employment and (b) did not serve the notice period.

In my experience, employers sometimes don't or can't always remove employees from payroll in time before the salary payments are processed, which results in already departed employees receiving salary payments not technically due to them (in part or in whole). So the fact that a salary credit showed up in your bank account is not, in itself, evidence that you properly earned the money you received.

how could you have been paid in June if you didnt work the notice period in June. UKBA seem quite convinced that you left in June so how can you have a salary in June? Yes, the payroll may have issued a payslip/payment but in error and this may explain why your company are denying you were paid??

[hrmn]

ya bro.........i also wish the same. I believe a FALSE document represent details of the things which we don’t have/possess with us.
Since the ECO can see the salary credit to my account so there is no way this can be a False document i will mention in the AR that i submit a scanned copy of the slip.............Just one salary slip i submit scanned copy.......

To disprove the employer's claim that the June payslip was not issued, you need to find the original June payslip issued by the employer. But rather than suggesting (erroneously) that copies are intrinsically considered false documents, you should read very closely what they wrote: the employer has denied issuing the payslip for which you submitted a 'scanned' copy. That where you went from a possible standard refusal (on the basis of non-original documents) to a categorical refusal on the basis of deception. After all, how is it possible that you scanned a payslip that, according to the employer, never was never issued to you ?

I think a related, substantive issue is that if you were paid in June (salary deposited into your bank account) but left your employment in that same period, then you would need to answer the question of whether the salary that you were paid was actually fully due to you, given that you (a) left your employment and (b) did not serve the notice period.

In my experience, employers sometimes don't or can't always remove employees from payroll in time before the salary payments are processed, which results in already departed employees receiving salary payments not technically due to them (in part or in whole). So the fact that a salary credit showed up in your bank account is not, in itself, evidence that you properly earned the money you received.

how could you have been paid in June if you didnt work the notice period in June. UKBA seem quite convinced that you left in June so how can you have a salary in June? Yes, the payroll may have issued a payslip/payment but in error and this may explain why your company are denying you were paid??

u knw the indian IT .........i was paid..........i left without notice period......so they just taken this one at personal level to ruin someone life........

[SureShot]

Natita----------Thing is that i left my prev employer without serving notice period.........but some how i manage to get the salary slip for June month........i had the scanned copy of that also with me.......The original one i lost .......Now they have done enquiry and employer might have said they haven't issued.......tht's d whole story.......... Now prblm is that they refused this one under 370 A section which states NO FALSE DOCUMENT to be submitted..........Now i am planning to contact employer again for all.......let's c now............

Somewhat off topic... as it wouldnt aid your case in anyway but can you detail the exact situation which you refer to as "somehow". This application is gone it sems but you might actually be able to get you get that 10 year ban overturned if your employer admits to actually issuing the salary slip.

Otherwise forget the work visas, you can say bye-bye even to the good old tourist visa and even i guess transit visas for the next 10 years.

[SureShot]

Sometime i feel that primary threshold to be a Home office case worker is nothing but to be pefect nut. This is ludicrous.....

Thats totally going overboard... yes i agree sometimes the mistakes are somewhat comical like @neosumit's case, but generally speaking ppl do get their visas sorted and the caseworkers do well enough in catching discrepancies... like the one in the case of OP here.

Its a perfectly valid reason i belive to not just deny OP a visa but also to deny it under 320(7A). None of this sticks to the case worker here, its either the OP or his Previous employer who is at fault here.

[hrmn]

Natita----------Thing is that i left my prev employer without serving notice period.........but some how i manage to get the salary slip for June month........i had the scanned copy of that also with me.......The original one i lost .......Now they have done enquiry and employer might have said they haven't issued.......tht's d whole story.......... Now prblm is that they refused this one under 370 A section which states NO FALSE DOCUMENT to be submitted..........Now i am planning to contact employer again for all.......let's c now............

Somewhat off topic... as it wouldnt aid your case in anyway but can you detail the exact situation which you refer to as "somehow". This application is gone it sems but you might actually be able to get you get that 10 year ban overturned if your employer admits to actually issuing the salary slip.

Otherwise forget the work visas, you can say bye-bye even to the good old tourist visa and even i guess transit visas for the next 10 years.

The 10 year ban is biggest worry for me..........My prev employer taken all this at personal level ............ i talked to him and he said we will give -ve feedback.............now in the hearing appeal i will explain all this in detail...........it's a miscommunication..

[SureShot]

The 10 year ban is biggest worry for me..........My prev employer taken all this at personal level ............ i talked to him and he said we will give -ve feedback.............now in the hearing appeal i will explain all this in detail...........it's a miscommunication..

But did your employer actually issue you a salary slip? simple yes or no??

If they did and are now denying it, i guess geting in touch with a good HR lawyer is the only option. Atleast you will have your 10 year ban overturned and possibly might even get to claim the damages of the visa fees and all.

But without it theres no hope it seems.

[hrmn]

The 10 year ban is biggest worry for me..........My prev employer taken all this at personal level ............ i talked to him and he said we will give -ve feedback.............now in the hearing appeal i will explain all this in detail...........it's a miscommunication..

But did your employer actually issue you a salary slip? simple yes or no??

If they did and are now denying it, i guess geting in touch with a good HR lawyer is the only option. Atleast you will have your 10 year ban overturned and possibly might even get to claim the damages of the visa fees and all.

But without it theres no hope it seems.

yeah they did.............will talked to some lawyer........