Tier 1 appeal - sample template

[vedant12]

Dear All - hope all is well.

My application for a Tier 1 has been rejected on the grounds that my qualification (Bachelors, Chartered Accountancy (CA)- both from India) are deemed to be less than Bachelor level in UK.

According to the UKBA, "You provided a certificate from the Institute of Chartered Accountants of India. The qualification you attained is deemed to be less than Bachelor level and therefore you have not been awarded any points in this category"

This is surprising since CA is equivalent of Masters but there may have been some misunderstanding since I provided my CA Final examination pass certificate and not the membership certificate. Interestingly, they have not considered the graduation certificate either for Bachelors.

I plan to appeal against this judgment and also write to UKBA and wanted to check if there are any appeal templates that may be available from which I could build on.

Appreciate any help on templates or other guidance on this matter. Thank you.

[mtuckersa]

Dear All - hope all is well.

My application for a Tier 1 has been rejected on the grounds that my qualification (Bachelors, Chartered Accountancy (CA)- both from India) are deemed to be less than Bachelor level in UK.

According to the UKBA, "You provided a certificate from the Institute of Chartered Accountants of India. The qualification you attained is deemed to be less than Bachelor level and therefore you have not been awarded any points in this category"

This is surprising since CA is equivalent of Masters but there may have been some misunderstanding since I provided my CA Final examination pass certificate and not the membership certificate. Interestingly, they have not considered the graduation certificate either for Bachelors.

I plan to appeal against this judgment and also write to UKBA and wanted to check if there are any appeal templates that may be available from which I could build on.

Appreciate any help on templates or other guidance on this matter. Thank you.

r your qualifications on NARIC database?

[geriatrix]

Did you include a letter of comparability from NARIC?

If not and you applied from within the UK, an appeal may not be successful if you need points (for masters degree) to qualify for Tier 1 (General).

[vedant12]

Thanks for the swift response. I did not include a letter of comparability from NARIC but plan to do that as part of my response and appeal (hoping they will accept).

I already have 60 points across age, income and UK experience. So 20 points should be enough for qualification. By including CA and BCom, it was coming up to 90 but neither have been considered.

Thank you once again.

Krishnan

[mtuckersa]

Thanks for the swift response. I did not include a letter of comparability from NARIC but plan to do that as part of my response and appeal (hoping they will accept).

I already have 60 points across age, income and UK experience. So 20 points should be enough for qualification. By including CA and BCom, it was coming up to 90 but neither have been considered.

Thank you once again.

Krishnan

is the qualification in the points calculator, as this is effectively the same as NARIC?

[vedant12]

Yes it is although admittedly the PBS can be a bit confusing and gives different results for the same degree depending on what is selected as "qualification" e.g. if qualification is master's degree, it gives 35 points and if qualification is member / passed finalist (which is what was selected in my application), it gives 0 points today.

[geriatrix]

AIUI, CA is a professional qualification and cannot be chosen as "master's degree in accounting" in the PBS with the assumption that "everyone knows CA is above graduate level and the specialization is in accounting, therefore lets' choose masters degree (in accounting)".

I believe you need to select "member/passed finalist" when it asks for qualification ... and the PBS gives 30 points for it (therefore equivalent to bachelors according to PBS). I tried "associate" and "fellow" but ended up with 0 points.

Now, in order to prove that CA is equivalent to master's degree level and your entitlement for 35 points, you should have included a NARIC letter of comparability (during the good old days of HSMP, NARIC did certify CA from India to be equivalent to masters level).

1. Click on the link given in my response above.
2. You can claim points for the qualification you state in the form. Don't expect the caseworker to figure out for you that you have provided evidences of two qualifications so if one doesn't fit he should consider the other by default. Such assumption may lead to a result as yours ... though it may be possible to argue on this point in front of a judge during an appeal hearing and have him decide in your favour.


Was this your initial Tier 1 (General) application (i.e.- switching from another category) or an application for extension (already a Tier 1 (General) migrant)?

[vedant12]

Thanks Sush for clarifying. I don't need 35 points since the total of age, income and UK experience is already 60 and I believe I need a total of 80 points for Appendix A). So even if they gave 30 points for CA, that should have been sufficient.

I take your feedback that I should have included NARIC certification and this will certainly be something I will advise others going forward. I plan to now get a NARIC letter of compatibility to show that CA is at least equivalent to Bachelors in UK.

This is my initial Tier 1 application (switching from another category).

Thank you once again for taking the time out to reply. Much appreciated.

Vedant