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Tier1 General refused due to inabilit of HO to contact emplo

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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flow79
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Location: SCOTLAND

Tier1 General refused due to inabilit of HO to contact emplo

Post by flow79 » Fri Jun 24, 2011 8:38 pm

I applied for a switch from a PSW Visa to a Tier1 General Visa on February 1 and received a refusal notice today. I was awarded points for all attributes except previous earnings which was a combination of my UK employment and Short term contract employment overseas.

Was awarded points for earnings claimed in the UK but was not considered for the overseas earnings because

"....we attempted to contact [COMPANY] on 4 separate occasions. On each occasion we were unsuccessful and as a result we are unable to verify those overseas earnings as genuine and therefore we cannot use them as part of your previous earnings calculations."

I have been given the right to appeal within 10 working days and I do believe i have good grounds of appeal as i was in constant touch with the overseas company and was told there was no contact received from the Home Office, apart from the payslip/letter of employment & contract documentation from the company also submitted the overseas bank account showing the cheque and amount lodged in by the company for payment for the short term employment.

Please, I need advise and guidance regarding how to challenge this refusal.

Thank you

innocentdevil
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Posts: 1151
Joined: Thu Aug 27, 2009 9:58 am

Post by innocentdevil » Sat Jun 25, 2011 10:58 am

lodge the appeal and then when you go for hearing, make sure the clients can be contacted either via mobile or whatever way and you will win it.

riaz017
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Location: London

Post by riaz017 » Sat Jun 25, 2011 3:51 pm

Were you present in uk while the overseas earning was made? Did you use multiplier or uplift on your overseas earning? If you didn't then you should win your appeal and go for it. If you did use, then think about it before lodging the appeal, as per the policy guidance you cant use uplift on overseas earning if you were present in uk during the earning period.

flow79
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Joined: Fri Jun 24, 2011 8:23 pm
Location: SCOTLAND

Post by flow79 » Sat Jun 25, 2011 6:14 pm

was physically present overseas and the payment for the job was made into my account overseas as well, provided evidence of flight the issue according to the HO was they couldn't get in touch with the firm to verify which the company has denied as I was told no one was in touch. Provided different means of contacting the company to the HO: address, telephone number, e-mail address and they cold easily have gotten contact details online easily also from the company website

riaz017
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Joined: Wed Jun 08, 2011 7:05 pm
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Post by riaz017 » Sat Jun 25, 2011 6:55 pm

You are lucky that you got the appeal right. And provided everything about you case, i am almost 100% sure you will win your appeal. Lodge your appeal asap with the right contact details of your overseas company and be strong on your say, that the conpany was never been contacted by HO. By the way, when is the expiry date of your psw?

danysoho
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Re: Tier1 General refused due to inabilit of HO to contact e

Post by danysoho » Fri Sep 02, 2011 1:34 am

flow79 wrote:I applied for a switch from a PSW Visa to a Tier1 General Visa on February 1 and received a refusal notice today. I was awarded points for all attributes except previous earnings which was a combination of my UK employment and Short term contract employment overseas.

Was awarded points for earnings claimed in the UK but was not considered for the overseas earnings because

"....we attempted to contact [COMPANY] on 4 separate occasions. On each occasion we were unsuccessful and as a result we are unable to verify those overseas earnings as genuine and therefore we cannot use them as part of your previous earnings calculations."

I have been given the right to appeal within 10 working days and I do believe i have good grounds of appeal as i was in constant Home Office, apart from the payslip/letter of employment & contract documentation from the company also submitted the overseas bank account showing the cheque and amount lodged in by the company for payment for the short term employment.

Please, I need advise and guidance regarding how to challenge this refusal.
Thank you



Hi what r the document u provided as evidence for oversea earnings? Ta

flow79
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Posts: 3
Joined: Fri Jun 24, 2011 8:23 pm
Location: SCOTLAND

Post by flow79 » Fri Dec 02, 2011 6:44 pm

just to update the house regarding the refusal.

I appealed my refusal
Had Appeal hearing August 8th
Received Determination of Appeal on the 15th August; Appeal allowed
Received acknowledgement letter from Home Office on the 8th Nov requesting passport/photographs
Received back my passport and BRP on the 25th November with permit valid from 23rd Nov 2011, Expiry 23rd Nov 2013

Its been a loong wait (applied initially on the 3rd Feb.via premium 1 day service) but thank God foe his grace,its been successfu.

Just wanna thank every1 also on this forum who have been helpful and offfered advice.

A big thank you to you all. Cheers!

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