Tier 1 Refusal -Pls advice

karani · Post by **karani** » Sat Mar 12, 2011 10:36 am

Hi

My initial tier 1 application has been rejected on the grounds that , they can't include the child care voucher deduction as part of my income

I would appreciate if you can advice me on the below questions.

- Can I make an appeal without a lawyer by myself?
- Do I have the right to continue with my employment during the appeal time?

Many Thanks
Randika

Post by **geriatrix** » Sat Mar 12, 2011 11:28 am

1. Whether you wish to engage a lawyer or do it by yourself is your choice.
2. Yes (by virtue of section 3C).

regards

karani · Post by **karani** » Sat Mar 12, 2011 11:54 am

Thanks. I forgot to mention in the original post that my visa expired on 18/02/11

Post by **geriatrix** » Sat Mar 12, 2011 11:58 am

As long as you submit the appeal (if given the right to, that is) within the stipulated time, you'll benefit from section 3C.

regards

karani · Post by **karani** » Sat Mar 12, 2011 12:07 pm

Thanks Sushdmehta . ur help is much appreciated

karani · Post by **karani** » Sat Mar 12, 2011 12:25 pm

Can you please advice on the chances of winning the appeal? I mean are the child care vouchers considered as part of the income to claim points?

Post by **geriatrix** » Sat Mar 12, 2011 12:28 pm

You'll win if the refusal is unlawful.

Whether or not child care vouchers can be considered as part of earnings depends on your terms of employment and remuneration, and whether such payment(s) in your case can be considered as "earnings" in line with what the policy guidance states.

regards

karani · Post by **karani** » Sat Mar 12, 2011 1:48 pm

Thanks.

According to my employment contract my gross salary is 30k.( i included another 5k from another employment for my application). I use to get the net figure after tax from the 30k till last february but decided to get the child care vouchers worth of 243 from last march to get the tax benefet.

since there was no refernce to childcare vouchers on the guidlines i thought this should be included as it's part of my salary and with in the 30 k salary on my contract. i did send them my employment contract as additional evidance.

Can someone pls advice whether this is correct cos i'm not in a position to pay a lawyer if this is not the case .

thank you in advance.

rvked1 · Post by **rvked1** » Sun Mar 13, 2011 11:50 pm

Generally if the benefit is contractual, then its included as earned income, if its not contractual, then it's not counted as earned income. I'm no expert but if you appeal on your own, I would stress on the fact that the benefit (childcare voucher) is contractual..

manojk005 · Post by **manojk005** » Mon Mar 14, 2011 9:52 am

karani wrote:Thanks.

According to my employment contract my gross salary is 30k.( i included another 5k from another employment for my application). I use to get the net figure after tax from the 30k till last february but decided to get the child care vouchers worth of 243 from last march to get the tax benefet.

since there was no refernce to childcare vouchers on the guidlines i thought this should be included as it's part of my salary and with in the 30 k salary on my contract. i did send them my employment contract as additional evidance.

Can someone pls advice whether this is correct cos i'm not in a position to pay a lawyer if this is not the case .

thank you in advance.

Does your salary slip shows gross salary which include child care voucher? If your salary slip shows your gross salary then you should get point for that.

I had salary sacrifice for pension but my salary on salary slips show my full gross salary. I was given points for my full gross salary without any deductions. Few other people on this board got point for child care vouchers.

karani · Post by **karani** » Mon Mar 14, 2011 10:58 am

Thanks manojk005.

My salary slip shows my basic salary at the top then deduction for child care vouchers and then shows a total gross salary as as the net figure. I have enquired this from our HR and they said they're showing the gross cash salary .
I'm anyway planning to get a letter explaining the this if i'm going to appeal. i think my case was refused dure to confusion on my salary slip.

Do you this is a stright forwad case or do i need a lawyer involved?

karani · Post by **karani** » Mon Mar 14, 2011 10:59 am

thanks rvked1. yes planning to show that my contarctual salary is 30k and child care vouchers are just a deducction

karani · Post by **karani** » Mon Mar 14, 2011 11:31 am

Can some recomend a good immgartion lawyer for my appeal

manojk005 · Post by **manojk005** » Mon Mar 14, 2011 12:23 pm

karani wrote:Thanks manojk005.

My salary slip shows my basic salary at the top then deduction for child care vouchers and then shows a total gross salary as as the net figure. I have enquired this from our HR and they said they're showing the gross cash salary .
I'm anyway planning to get a letter explaining the this if i'm going to appeal. i think my case was refused dure to confusion on my salary slip.

Do you this is a stright forwad case or do i need a lawyer involved?

Your case should be straightforward case. Mine was similar but deduction for pension contribution and visa was approved in 10 days for in-country application in July 2010. I will suggest you to get a letter from your employer stating what different terms means in your salary slip. Like for "Basic salary", you employer must clearly write that this is total amount, which we must pay as per contract for his/her employment without any deductions. For CC voucher, they must clearly state that this is amount earned by you and deduction is made from your salary. Additionally, if your employer is happy to write your current monthly salary then that will be good.

karani · Post by **karani** » Mon Mar 14, 2011 7:04 pm

Many Thanks for your advice. I really appreciate it .

karani · Post by **karani** » Mon Mar 14, 2011 8:44 pm

I've reread my refusal letter and am thinking whether the case worker is suggesting only taxable income should be considered as earnings.

Any thoughts on the below? this is what's on my refusal letter.

"We are however only able to take into account Â£33,821.00 of these earnings, as the figure you stated represents income from which you earned before deductions that directly effected your gross pay before tax and national insurance which in line with the published guidance is considered to be youe unearned income"

MPI · Post by **MPI** » Tue Mar 15, 2011 5:42 pm

karani wrote:"We are however only able to take into account Â£33,821.00 of these earnings, as the figure you stated represents income from which you earned before deductions that directly effected your gross pay before tax and national insurance which in line with the published guidance is considered to be youe unearned income"

just wondering , wouldn't you get enough points with Â£33,821.00 anyway ?

Did the child voucher thing really shifted down your salary band?!

karani · Post by **karani** » Tue Mar 15, 2011 6:08 pm

I needed 36K

karani · Post by **karani** » Mon Mar 21, 2011 8:08 pm

Hi Everyone,

Need your help agin on this. After talking to different lawyers who said different things about my appeal I have fially decided to do it o my own.

Can anyone advice me whether I should appeal on the grounds on appeal should be ?
- Decisio not in accordance with immigration rules or
- that a discretion under the immigration law should have been excercised differently.

Thanks for all your help..

nafe12 · Post by **nafe12** » Tue Mar 22, 2011 1:31 am

"We are however only able to take into account Â£33,821.00 of these earnings, as the figure you stated represents income from which you earned before deductions that directly effected your gross pay before tax and national insurance which in line with the published guidance is considered to be youe unearned income"

Did they really write it like that? That is a confusing sentence!

So I assume it means that they think that the childcare deduction was taken BEFORE tax and NI was calculated... ?
If that's not the case - then it should be pretty easy to argue though, right?

karani · Post by **karani** » Tue Mar 22, 2011 3:33 pm

unfortunately yes

The issue was I think my payslip. I'm getting letter from my employer to clarify this.

Can anyone advise me on the grounds of appeal please?

manojk005 · Post by **manojk005** » Tue Mar 22, 2011 3:53 pm

karani wrote:unfortunately yes

The issue was I think my payslip. I'm getting letter from my employer to clarify this.

Can anyone advise me on the grounds of appeal please?

It should be not counting cost of child care as your earning. You can provide letter from your employer saying this. Alternatively, rather than providing slary slips you can also provide a letter from your employer stating you gross salary (earning including cost of CC vouchers) and net salary. However, I doubt that you can provide any new evidence and how HO will treat this new information. Better to check this thoroughly and then go for either appeal or new application.

Remember that appeal takes a lot of time. Atleast I know a case where HO did not consider salary sacrifice for pension and then that person went for a new application with additional letter stating that salary sacrifice is his income and deducted from his salary.

karani · Post by **karani** » Tue Mar 22, 2011 7:00 pm

Thanks
I would have gone for a new application but unfortunately my visa has already expired. So appeal is the only option.

karani · Post by **karani** » Thu Jun 02, 2011 12:53 pm

Hello.. just wanted to let everyone that I won my appeal

Many Thanks to all who helped and adviced me.

ddb · Post by **ddb** » Thu Jun 02, 2011 2:05 pm

karani wrote:Hello.. just wanted to let everyone that I won my appeal

Many Thanks to all who helped and adviced me.

Congrats mate

Immigrationboards.com: Immigration, work visa and work permit discussion board

Tier 1 Refusal -Pls advice

Tier 1 Refusal -Pls advice

Case worker comments

Re: Case worker comments