Tier 1 rejected,uplifting factor not applied on earnings,

[rjain]

Hi,
My Tier 1 visa application has been rejected as per Paragraph 23, Appendix A of Immigration Rules, for the reason as below –

The uplifting factor of 5.3 is not applied to my Indian Employment salary and reimbursement pay for the month of October 2010 since it was credited in December 2010 and January 2011 while I was working in UK(Refer to Refusal_Letter.pdf).

i would like to give background of my case.

Nationality – Indian
Entered London on 27th Oct 2010 on ICT(Tier 2)
Applied for Tier 1 on 8th Feb 2011
An in person appointment was arranged by a solicitor on 8th Feb at Croydon office.

Earnings were showed for tier 1 from 1st Feb 2010 till 26th Oct 2010 in India &
Earnings were showed from 27th Oct till 31st Jan 2011 in UK

Worked for Indian company in India from 18th june 2007 till 26th oct 2010 and
Worked for UK company in UK from 27th Oct 2010 till 4th feb 2011.
Current job status - Jobless

Please Note:-
I was an employee of ABC Services India till 26th October 2010 and joined ABC UK(same company,different location) on 27th October 2010.
My Indian October’s salary for 26 days (Net salary ->INR (78,590+43,931) = INR (122,521) was credited on 31st Dec 2010 and 22nd Jan 2011, but it doesn’t mean that I earned it during the period I was in UK. This amount was EARNED during my Indian Employment until 26th October 2010. The Finance department takes time to do a full and final calculation to settle the amount of the last month’s salary if one gets posted to a different branch office as the payroll changes. The same happened in my case when I got transferred from India to UK. There was a DELAY of payment of my 26 days of October’s salary and it came along with final settlement amount on 31st December 2010 and 22nd January 2011 when I was working for my UK office.


Tier 1 refused on 25th March 2011.
In the refusal letter, i dont have right to appeal.I am seeking help immediately.
Please let me know what options are available for me now.
Thanks!!
PS: please let me know how to attach any attahment. I am not able to attach refusal letter with this post.
Also, please revert for more clarification.

[nafe12]

I was also told (by the UKBA helpline) that the period of earnings claimed from an employer is counted until the date the payment is actually made (i.e. enters your account), regardless of the last day of physical work.

My query wasn't in relation to uplift ratios, but it does seem consistent with their rejection.

You can always do a judicial review - but ££££.

[itsvinodin]

@rjain Can you please tell me whether you have submitted your pay slip for october and the amount (net) mentioned is reflecting in your bank accounts? And hope you know reimbursement is not counted as earnings, you should have explained it if it is not actually a reimbursement.

Actually the way the Full & Final settlement letter looks might have caused the confusion if it is not on pay slip format etc.,

You should be alright if the evidence is clear or you explain it if there is a confusion. Also can you mention the exact reason for refusal please?

Thanks,
V

[tyagisumit]

@rjain : Can you please tell us the exact reason for refusal mentioned in the refusal letter ?
Mine is also same case , I am applying on 1st April showing income from Salaried Employment ( Tier 2 ICT) and Self employment work done in India when I was physically present there. I did the work in December 2010 but got paid in March and same is written in my contract letter that I will get paid after 3 months.

By seeing your case, I am not sure where I will get the advantage of uplift ratio and without that, I won't get enough points.

I request to Senior members to advise urgently in this case.

Thanks in advance,
Sumit

[itsvinodin]

@tyagisumit as long as it is mentioned clearly that the payment for the month of 'xxxxx' it should be fine. Again the evidence should be clear enough to understand that when and where did you earn the money etc.,

Mention this in your cover letter that you are providing the proper evidence to avoid any confusions.

They may verify especially the self employment proofs , so make sure the documents does have the client details in it to verify..

I would advise you to talk to a professional consultant if you are still not satisfied and desperate in getting the Tier 1 General visa.

[tyagisumit]

@itsvinodin @ Thanks a lot for such a swift response.

It's clearly mentioned in my contract letter that payment will be made after 3 months of contract termination and I also got the late payment letter from the employer.

I am providing following document :

1. Contract letter
2. Original Bank Statement ( Clearly showing the employer's name in the transaction )
3. Accountant Letter ( Accountant is registered FCA in India, checked his registration number on ICA website )
4. Letter for late payment

I also have consulted with professional consultant and according to him I should get the advantage of uplift ratio but I don't rely much on them.

Thanks & Regards,
Sumit

[jason23]

@itsvinodin @ Thanks a lot for such a swift response.

It's clearly mentioned in my contract letter that payment will be made after 3 months of contract termination and I also got the late payment letter from the employer.

I am providing following document :

1. Contract letter
2. Original Bank Statement ( Clearly showing the employer's name in the transaction )
3. Accountant Letter ( Accountant is registered FCA in India, checked his registration number on ICA website )
4. Letter for late payment

I also have consulted with professional consultant and according to him I should get the advantage of uplift ratio but I don't rely much on them.

Thanks & Regards,
Sumit

Don't you think it is going to appear suspicious that you are being paid 3 months after doing actual work and that you signed a contract agreeable to such terms ?
I would suggest having proof of the actual work completed as it could be a case where they will have to investigate further.
The OP's case is slightly more realistic situation as full and final settlements are quite common even upto 40 days after leaving employment. Not sure if yours is a case of the same.

[rjain]

Hi V,
Well my solicitor clearly mentioned in the cover letter about October's salary as
Net salary was credited in the bank as two transactions
78590.00
43931.00
total net salary=12,2521

above are the exact lines copied from the cover letter.

Please let me know how to attach any attachment in this post so that i can attach the refusal letter for more clarification.

Also, V
what are the options availabe for me in this situation when my visa is rejected and i dont have right to appeal too:(

Thanks!!

[itsvinodin]

@rjain : i think the option is to apply for judicial review considering the fact that they haven't given you a chance to appeal. sorry for you.

But tell me one thing, are you falling short of 80 points just because of the full&final settlement is not considered?? or they haven't considered the total Indian earnings with the upliftment factor?? Please let me know..

thanks,
V

[rjain]

Hi V,

I have been rewarded 25 points instead of 30 for previous earnings.
The reason being they have not uplifted my one month's(october 2010) indian salary as it credited late to my account in Dec 2010 when i was working in UK.

Regards,
rjain

[benneviss]

This has been dealt by Appellate immigration tribunal.

Tribunal has said that uplift need to be given even though some one in UK .

Hi,
My Tier 1 visa application has been rejected as per Paragraph 23, Appendix A of Immigration Rules, for the reason as below –

The uplifting factor of 5.3 is not applied to my Indian Employment salary and reimbursement pay for the month of October 2010 since it was credited in December 2010 and January 2011 while I was working in UK(Refer to Refusal_Letter.pdf).

i would like to give background of my case.

Nationality – Indian
Entered London on 27th Oct 2010 on ICT(Tier 2)
Applied for Tier 1 on 8th Feb 2011
An in person appointment was arranged by a solicitor on 8th Feb at Croydon office.

Earnings were showed for tier 1 from 1st Feb 2010 till 26th Oct 2010 in India &
Earnings were showed from 27th Oct till 31st Jan 2011 in UK

Worked for Indian company in India from 18th june 2007 till 26th oct 2010 and
Worked for UK company in UK from 27th Oct 2010 till 4th feb 2011.
Current job status - Jobless

Please Note:-
I was an employee of ABC Services India till 26th October 2010 and joined ABC UK(same company,different location) on 27th October 2010.
My Indian October’s salary for 26 days (Net salary ->INR (78,590+43,931) = INR (122,521) was credited on 31st Dec 2010 and 22nd Jan 2011, but it doesn’t mean that I earned it during the period I was in UK. This amount was EARNED during my Indian Employment until 26th October 2010. The Finance department takes time to do a full and final calculation to settle the amount of the last month’s salary if one gets posted to a different branch office as the payroll changes. The same happened in my case when I got transferred from India to UK. There was a DELAY of payment of my 26 days of October’s salary and it came along with final settlement amount on 31st December 2010 and 22nd January 2011 when I was working for my UK office.


Tier 1 refused on 25th March 2011.
In the refusal letter, i dont have right to appeal.I am seeking help immediately.
Please let me know what options are available for me now.
Thanks!!
PS: please let me know how to attach any attahment. I am not able to attach refusal letter with this post.
Also, please revert for more clarification.

[tier1_PEO_applicant]

Hello All,

Seeing that so many of you have received rejection letters with same or similar resons for rejection, all I can say is that go through the documentation throughly and than why don't you all combinly go for a judicial review, that way you'd have a stronger representation of carelessness in considering your cases and well you could share the fees which would get incurred in the review.

Please Note: I am just trying to help you guys providing what I think could work for you.

Regards